National Republican., 1883-12-14
THE new SENATE RULES.
Debate Upon the Functions Of a Designated
Presiding Officer.
Mr. 6ayard Alarmed Over Possible
Contingency.
What Might Happen in the Event Of Presidential
Vacancy
The Real Meaning and Intent OF the
Three Day Clause.


sented report from Mr. W. W. Corcoran, chair
man ofthe joint commission on the completion of
the Washington monument, showing that during
the past year the work on the monument has pro
gressed steadily aud that at Its close the monu-
ment had reached the height Of 4l0 feet above the
level of the floor Of the shat, and stating that no
further appropriation Is needed TO finish the shalt.
Among the bills presented wore the following:
by Mr.. Dolph; 10 provide for the formation
and admission into the union ofthe state OF Wash
tngton.
III is the same bill with uumportant changes
Introduced two years ago by Senator Frye, and
tory and portion OF the territory OF Idaho under
the name Of the state of Washington.
By Mr. Morrill, To provide for u commission on
the subject of the liquor traffic,
=, Ut is the bill which passed the senate during
the first session OF the last congress, but which
failed In the house. 1t provides that there shall
be appointed commission of seven persons, not
more than four Of whom shall belong 10 the same
aud who shall hold Office until their duties shall
be accomplished but not 10 exceed two years. II
shall be their duty to investigate the alcoholic
liquor traffic, Its relations 10 revenue and taxa
tion, and It's general economic, criminal moral,
and scientific aspects In connection with pau.
perism, crime. social vice, the public health, aud
general welfare OF the people, aud also to inquire
as TO the practical results Of license and prohioi
tory legislation for the prevention of intemper-
ance In the several states OF the union.
The senate, on motion of Mr.. Frye, look up for
consideration the report of the committee OH
rules and proceeded TO consider the new rules SO
riatim.
The first proposed rule was read, as follows:
l. In the absence of tue vice president the sem
ate shall chose president pro temporc.
2. In the absence of the vice president and pend
ing the election Of president pro tempore, the
secretary of the senate. or In his absence the chief
clerk, shall perform the duties of the chair.
.. The president pro tempore shall have the
right TO name in open senate, or If absent in writ
ing, senator TO perform the duties OF the chair;
and the senator SO designated may discharge such
duties for period not exceeding three days, un-
less the senate shall otherwise order.
Mr.. Bay0rd asked senators COntnm nlatn the
effect OF this proposed rule, which gave TO the
vice president q right to designate the person,
who, by possibility, may become the acting presl-
dent of the United States. Suppose tho senator
from Vermont, Mr. Edmunds, should be absent for
three days and during that time the president of
the United States, whether by the act of God or
the public enemy should be removed from life,
such senator as may have been designated would,
under this rule, become acting president lie in-
quiIed II the senate proposed TO add TO the diff
cultles clustering around the law with regard to
the presidential succession by lodging In the
president pro tempore of the senate, unchecked
and uncontrolled, the designation of the man who
shall possess Ss ST. the enormous NOR the incalcusble.
temporary possession Of the functions of the
chief magistrscy Of the republic2 This
posi- ton to the theory Of our government
and fraught, in Its possibilities, with very grave
dangers. This should not only be government
OF law, but as wells a. government OF public
opinion. and the clause lodging so vast a possible
power in the hands of one man might defeat the
we'll considered feeling and sentiment of the
country. In his opinion the provision proposed
admitted of the possibility of a senator who NAV
be designated by the president pro tempore to
temporarily occupy the chair of the senate going
back to the presidential office perhaps to veto the
measure which he was unable to defeat in tho
SENATE. There has never been shown in the
senate any disposition to take petty advantage of
the absence of member on either side OF the
5eoe agreeing @ that he W PaSfe
70 DO for three days the president pro tempore of
the body, may In coie of the presidents death,
resignation, or disability succeed TO the presi-
dency without any control of congress, and upon
the nomination of single individual
Mr.. Garland moved 10 amend the new rule by
etriking out the three-day limitation aud insert-
ing instead but such substitution shall not ex-
tend beyond an adjournment which is the pro-
vision at present in force. He was opposed to
allowing alongcr time than the then actual sit.
ting of the senate for this delegation of delegated
power. aud quoted from Cushings Manual as
to what might be termed the common law of par
liamentary pracicc-thnt In most OF the legislative
bodies in this country the presiding officer may
nominate member to occupy the chair for the
sitting, but that snch substitution ought TO be made
only when the officer is present, and could not
be made by mere writing.
Mr.. Edmunds thought It quite obvious that in
the present condition of the senate, there Deng
no vice president, it would be a great convent
ence TO adopt this rule If IL can lawfully and prop
erly be done. Whether 1t can be done lawfully
depends upon whether the president pro tempore
Is he who occupies the chair under the rule or is
the person elected by the senate under the con-
sttution. Mr.. Edmunds said IL Is clear that under
the constitution and the law the person who is
president pro tempore is an officer the constitu-
tion describes him rs an officer, aud by the con-
stitutton and the laws made in pursuance of IL he
is required to take and subscribe to an oath as
such officer to peform the duties Of the ONCE
faithfully. Mr.. Edmunds thought that all must
agree that the person VINO is called to the chair
by the president pro tempore or by the vice presi
dent II he were presiding Is not the ldent pro
tempore OF the senate The whole history of
the country showed that although we have
had presidents pro tempore Of the senate
AT probably every session since the adoption of
sss ehs hss mo P GSGnp9nt Of the
which must be signed under the rules. From nm
experience now OF almost, eighteen years in the
senate Mr.. Edmunds could say that no temporary
presiding officer has ever exercised that function
AND and nobody eyer thought that he could do SO.
Ihe fact that % he was called upon to temporarily
oifce Of president pro tempore, and II II did not,
then the person who had been elected president
pro tempore and has taken the oath prescribed by
the constitution and laws. continues to be presi-
dent pro tempore, although out OF the chair und
wherever he may be- at least within the United
States-Mr. Edmunds would not say how II would
be If he were out of the United States--until the
senate chooses TO elect and qualify his successoo
III that be so the fact that the rule authorizes the
president pro temporo 10 designate person 10
occupy the chair-not to perform the duties of
parliamentary duty Of keeping order, % &c' @ in tho tho
proceedings Of the sonate-does not Ia any sense
become designation Of u person TO perform the
appeared TO Mr.. Edmunds that in point OF con i
sttuuonal law the president pro tcmpore, once
elected and qualified, continues 10 be president
pro tempore until his successor is elected by the
senate and qualified by taking the oath of Office.
III, tnen ne ls right " would be great convent :
ence 10 the senate If this rule with the three-day
clause, should be adopted, aud indeed IL is almost
necessity unless the senate Is willing to change
the presiding officer by vote from time TO time, u
course when has many inconYenienUes.
Mr.. Baynrd inquired whether il the position Of
the gentleman from Vermont be correct II would
not follow that there would be officer presiding
over the deliberations of the senate unknown to
the constitution, not president pro tompore
whom the senate from Vermont describes ns a n
officer named in the constitution, but what Mr.
Bayard would call a nondescript
This would be dele & ltion OF delegated power
a function generally forbidden by law. the
senator from Vermont should be absent for three
days, and should designate for the position of
presiding officer the senator from Kansas lSena-
tor ingalls,, who during this discussion occupied
the chairl, how should he describe him, aud in
case the senator from Vermont should die, who
could fill the placer
Mr.. Edmunds replied that II what he Mr.
Edmunds] had stated be true then the senate is In
that condition at the present moment, and the
senator from Kansas Is nondescript. Laughter |
There is no term known TO the constitution or the
laws of the United States by which to address the
senator from Kansas while in the chair, and hts
presence there is certainly by delegation Of dele
gated power. The practice is founded in the
necessities Of the case and in common sense, 1t
may be, as the senator from Delaware Mr..
Bdyardl says, delegation of a power that cannot
be delegated In that case the senate at the pres
ent moment Is nothing but mob, and Mr.. Ed