The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-12-20
THE FoRIY-EIGmrH CONGRESS.
SENATE.

Senator Morrill, introduced "A bill which piT,-
vidcs for a commission on liquor traffic. 1t IS
The same bill passed by the senate last seS-
siou, but which failed IN the house.
The senate, on motion of Senator Frye, took
up the consideration Of the report Ct the cOin-
miltee on rules and proceeded to consider The
new rules in Seridtun.
The first proposed rule read as follows
First-In the absence OF tie vice presid nj
the senate shall choose president pro ten.
Second-In the absence OF the vice president,
and pending the election of Il president pro
tenn, the secretary o! state, or. in his absence.
the chief clerk shall perform the duties OF the
chair.
Third-The president pro TEN. shall have the
right to name, in open senate, or, If absent, in
writing, the senator to perform the duties OF
the chair; and the senator designated may
discharge such duties for 4 period not exceed
ing three days, unless the senate othe rwlse
orders.
Senator Bayard asked the senators to con
template the effect OF the proposed rule which
gave the yice-presidCnt right to designate
the person Who by possibility, may become
acting president of the United States; Suppose
Senator EdmundS (NermonD Sh iuld be absent
thirty days, and the president OF the United
States, whether by act OF God Orpublic enemy,
should be removed iron! life, such senator may
have been designate d, and would, under this
rule. become acting president lie inquired II
the senate proposed TO add to the difficult
ties clustering around the law in re
gSGTg to presidential nresded Scee STo te
of the senate, unchecked and uncontrolled
designation of il man who shall possess enor-
nous T. calculable powers for good or EVIL
which may attend the temporary possession
OF the function OF the chief magistracy of the
republic This course seems to him entirely
in opposition to the theory OF our government
and lraught with possibilities OF very grave
dangers. This should not only be a govern
ment Of law but a government Of public OplIl-
ion, a clause lodging so vast possible power in
the hands of one may defeat the well cOnSid-
cred feeling and sentiment of the country. In
his opinion the provision proposed admitted Il
possibility of Il sc iator designated by the
president pro TEN. temporarily to occupy the
chair of The senate OF going back to the presi-
dental Office perhaps 10 veto measure he
was enabled TO defeat i'll The senate.
There never had been shown IN
10 take petty advantage of the absence of
members on either side and he hoped Sena-
tors would pause before agreeing to person
who may happen TO be for three days prCSi-
dent pro tenn of the body that may, in ease OF
the presidents death, resignation, or dlSabil-
ity, succeed to the presidency, without any
control of congress, and upon the nom nation
of single individual. He knew it would be
commended that The clause he referred TO was
not of the Objectionable character claimed,
and did not admit the construction put on 1t,
but he had given the matter serious conStdera-
ton ana believed it AN open objection adj
yanced, and tho only safe course in Il matter so
serious was the course that moved to
the three day limitation and inserting bat
such substitution shall not extend beyond an
adjournment" which is the provision at pre-
sent i'll force. L!ewaS Opppa 1 to longer tune
than he actual sitting of Iii senate for dele
gated power. Edmunds thought it quite OBJ
ViOuS III the present condition OF the senate ;
th3re being no vice prcSld, Mt, 1t would pc Il
great convenience to adopt this rule, ana II IL
can lawfully and proper Is be none; whether II
can he done lawfully depends whether the pres
id-nt pro TEN. is he ~ho occupies the chair
under the TItie or is Il person elected by the
senate under the constitution. 1t is Il bar I'LL
der the constitution and law il the person
who is president pr1 TEN is an
officer The constitution describes him as an
oflicer. and by the constitution and laws made
in pursuance to it, he is required to take the
oath us an officer to perform the duties of the
office faithfully Edmunds thought that I'll
must agree that any person called 10 the
chair ny the president pro tenn, or by the vice
president, ii he be presiding, is not president
pro TEN. III the senate in point Of constitu-
Iional law. The president pro tenn. once
elected and qualified, continues to be prcSi-
dent pro tenn. until his successor is elected hN
the senate and qualified by taking the oath
He could not see that the provisions of the
new rule would involve difficulties or that dan
gers were to be apprehended by senators who
opposed it, and he WAS Of the opinion that
this wos!d seem especially true when borne i'll
mind that the whole Ii after IS within the mn
mediate control OF the Senate which can elect
a new president pro tenn at any moment II
pleascs the Senate.
Senator Bayard cnquircd whether, il the pc
sitiun of the-gentleman from Vermont was cor
rect, it would not follow that there would bt
an officer presiding over the deliberations OF
the Senate unknown in the constitution, not 4
president pro tenn whom the Senator from Yer
mont decided as officer named in the cOnStitu-
ton, but what Bayard would call an0ndeScript
There would be n delegation of delegated
by law. if the senator from Vermont should
be absent three days and designate the position
of presiding Office to the senator from Kansas
Ungalis), who during Il discussion occupied the
chair, how should he describe him? And i'll
ease the senator from Vermont should, who
could I'll his place?
Senate Edmunds replied, if what he cd
mmds) had stated was true then the Senate
would he in no condition, and the senator from
Kansas W0a!d be IL udCScrpt. There is ne
term known in the constitution or laws of the
United States by which 10 address the senator
from Kansas VIII lie in the chair, and his pres
ence there would certainly be delegated
power, Il practice founded on the necessities OF
the case and common sense. 1t may
be, as the senator from Delaware (BaY4rd)
says. a delegation of power that cant be dele
gated. In that case the senate present is moth
ing but mob.
The diSctr sion was cOntinu d by Senators
Morgan and tiOar
The amendment offered ty Senator Garland
was lost Yeas "A; nays 30. A the Democrats
voting for and the Republicans against it.
Senator Sherman did not like to see the
matter become a party question. He did moi
want any rule that would meet the united op,
position of any side of the chamber IL II
should appear that any. one Of the rules was
not open, honest and fair he would be
against It, He would hold himself
or constitutional objection to the special
clause under consideration he would vote
against it.
Senator Edmsnds offered a resolution that
the senate proceed to the election OF presi
dent FRO tenn, and asked that the resolution
lie on the table until after the executive SEES
sion.
Adjourned until Monday.
HOUSE.
WASHINGTON. Dee. 14.-Mr IIObIr Zell i'll
troduced a joint resolution requesting the
president to issue IL proclamation urging tho
various religious denominations of the country
to commemorate December %, 1883, as the
one hundre5th anniversary OF the surrender
OF George Washington of his commission as
commander-in-chief of the army, and request
that business be suspended Monday, Deem
per H. R aad sne sae .Eeate1 aS fupic ho
Mr.. Hoar asked leave TO offer q resolution
that the House bring to the notice of the presi
dert the case OF the recent murder of segera
persons, alleged citizens of the United States
and the ser Gus injury of several other per
sons, also alleged citizens of the United States
at Danville, Va, in hope that the president as
Injured mi red we're citizens Of the United States ant
IL so whether the killing or injuring of sa
citizens, il They were such. were in contrayen-
ton Of provisions OF The municipal law OF the
state of Virginia, or any lazy OF the United
States
Mr. Morrison objected for the present, say
ing the pres dent knew as much about the
matter as Congress did.
Mr.. Cabell said as a representative of Tho
people assaulted by the resolution, he was sorrN
that the objection had been made. He was
willing to have the fullest investigation made
The committee on rules was a. aoqnced as
follows: The speaker and McsSrS Blackburn
Randall, Keifer and Reid.
Mr.. Washburn introduced q bill providing
for the removal of obstacles to free navigation
of nayigable waters of the United States. He
ferred. IA.e.esSs
Mr.. Cox. of New York, asked leave to intro
duce for the immediate consideration a join
resolution to repeal the test oath.
Mr.. HOar objected.
Mr.. Robinson, of massachusetts, was granted
indefinite leaye of absence.
Adjourned until Monday,