National Republican. (Washington City (D.C.)) 1872-1888, 1885-12-05
TILE RULES OF THE House.
AN EXHAUSTIVE REVIEW OF LEGIsLA-
TIVE LAWS BIZ Az EXPERT.
journal Clerk smith's Exposure OF tho
Evils In the Present System and Sug-
gcstions for Reforms In tho Method
of Making Ennotments.

Elizabeth's parliaments, In discussing the
lawand customs of parliament In his "Fourth
Institute" said that "the law Of parliament,
though diligently sought by all, was still
unknown to many and known only to a
few.n
The assertion that the law Of parliament
was vague and uncertain was not only true
when uttered by Sir Edward Coke, but 1t Is
particularly true with respect to what is
known as the common parliamentary law"
OF this country, which, for some inscruta-
BILE reason, has not only been almost to-
tally neglected in the great colleges and
universities OF the country, but also I'm tn
high and graded schools where numerous
"sciences' of little importances are taught
"A careful examination says Mr.. Cush-
ing, Of some Of the charat teristic features of
the legislative assemblies of this country
makes II clearly manifest that their origi-
nal type is to be found In the parliament of
Great Britain, upon the model Of which they
have all been formed with such modifca-
tiOns and changes as have been found neces-
sary TO the various circumstances aud wants
OF the people, From the time Of the first
parliament, the constitution of which was
marked out In the seventeenth year Of King
John (l3l5) in the great charter granted by
that monaich, until about the yeir 1909, the
rules OF ~ r, anent were few IN number.
In lieu Of rules, both houses gradually fell
into the practice Cf adopting "stanling
ORDERS" which did not expire with the SEES
sion, but CLGurtd and were Of equal force N
each succet ding parliament, until vacated
or rcscinded. That system which PLAYS so
important part In the proceedings " the
English parliament has not been followed
by the legislative bodies Of this country eX-
cept perhaps in the Senate Of the United
States, which, being permanent body,
containing always more than u quorum Of
its members, Is always "duly organized
and does not need to renew its rules and
orders from one Congress to another.
An examination of the journals Of the
"Contmcnta Congress " which met at
Carpenters Hall. In Philadelphia, on the
9Th OF March, IVA, and whose functions
expired on the I'd of March, 1TS9-shows
the ad, ption Of but nineteen rules and
about dc uble that number of "standing
orders
The House Of Representatives in the first
Congress was composed of sixty-five MEM
bers-less than the present membership Of
the Senate nd but three more than the
present membership Of the House from two
states. 1t adopted most of the rules of the
Sentimental Congress- and many of its
standing Ordeis and created but one stand
ing committee lections-all business in
GLIDING petitions for individual relief, being
referred to select committees, aud 1t was
not until the seventh Congress that the
committee on ways ard means became one
OF the permanent standing committees of
the House.
This will suffice to show what may he
termed the "beglnningn Of the "cOmmon
parliamentary law" and practice Of this
country. The legislative assemblies of the
states adopted the rules and "ordersn of
the two Houses and their procedure has
been followed by most OF the deliberative
hn1tac nf hn 80 oil h,, tI,a
political conventions, both state and ma
tional, Of all parties.
The importance, therefore, of establish
ing u code Of congressional procedure that
shall, as Mr.. jefferson expressed it, "secure
accuracy in business, economy of time, Or
der, uniformity and impartiality,n cannot
be overestimated, and is the eXcuse-if any
be needed-for this article.
That the present rules of the House Of
Representative fail in many important re-
spects to accomplish what Mr.. Jefferson
stated to be the prime conditions and re-
quirements Of a proper congressional code
is unquesionab.e.
No better evidence of this can be fur
nishtd than to point to the numerous de-
vices commencing with what is known as
Il 6 "Pound rule'' in the forty-seventh Con-
grtss), resorted to at the close Of each ses-
sion TO relieve the pressure for the passage
of bills, most Of which were of purely To-
cul NIuIdClcTi StHCTdlly lnNDlNlHp no APP
preparation of money or property, and
which, under the old rules, could have been
considered and disposed of In the "morning
hour" and 1t is singular feature Of all
these devices that none permitted a major
1ty TO Iass upon Il measure, whether public
or private, until It had first run the gaunt.
let OF five possible directors, who, in body
composed Of 1926 members---it is perhaps
needless TO say-can usually be found to
oppose n measure in which they take no In
tCrest.
In an exhaustive article on the "Conduct
Of Business in Congress- in the February
number Of an eastern magazine for 1879,
Senator lloar says: "The House of Repre-
seEtatives is governed by a complicated
and artificial system Of rules, 80 difficult to
be understood that many men of great ma
tional fame go through long terms of service
without protesting to understand It,"
The late President Garfield in the first
session OF the forty-sXth Congress, referred
to the rules as an "inexplicable mystery"
and to members serving for years "without
so far mastering the rules as to be all GER
tain Of themselves"
In that session Mr.. Blackburn reported q
resoluti N from the committee on rules,
autholi ing that committee to sit dur
ing the then coming recess, for the pur-
pose of "reyisng, codifying, and simplify
Ing thu lies o the House." While that
resolution was under consideration, Mr..
Mills said "1here are two points in refer
ence to a revision Of the rules, one or the
other OF which must be observed. One is
to make rules to obstruct legislation and
the other is TO revise the rules so that a
majority Of this House can crystalline the
will of the American people. u The
difficulty that the rules now throw In the
way OF a majority Of the House, II makes
no difference which party has II, of giving
its views the force OF law, is almost insur-
mountable." The resolution was adopted
unanimously, and the committee, consist
ing of Speaker Randall, the late Alexander
II. Stephens, Senator Blackburn, the late
President Garfield, and Senator Frye, con-
vencd In August, the writer being, by resolu-
tion Of the House, appointed its clerk.
The committee found the rules Of the
House the a:cretion Of ninety years prac-
tiCe, during which period there had been
but one revision lin 1861. 1t found a CON
tri riety Of rulings by speakers and decisions
by the House that was absolutely appalling.
IL found one hundred aud siXty-sX rules,
of which siXty-three were adopted in whole
or part prior to the year 800, and II found
strange to Say-nOt less than thirty rules
which had been practically obsolete for
forty years, and which had somehow sur
vived the "revslonn Of 1860.
The committee made It's report on the
18th OF December In the following session.
IL PROF osed but fOrty-flve rules, having
dropped entirely thirty-two OF the old rules,
retained intact twelve, and retained as
clauses In same respect or feature, though
In greatly CONDENSED form, one hundred
and twenty-five. The space allowed for
this article will not suffice 10 give in detail
the charges made, but two OF the most Inn
portrait, which are almost wholly the cause
of the severe criticism of the present code,
will he alluded to.
/. The abolition Of the "mornng hourn
and establishment ~ IN
Under the old rule each committee was
entitled, when called, to occupy that hour
in the consideration of bills not appropriate
ing money or property for two successive
days, and II the second hour expired while
the House was considering one Of its meas
ures the committee held the floor until it
was disposed Of, but could report no new
mntter. Thn nrnoLlnh OF Nnllhmsterinpii so