The morning news., 1889-03-28
SESSION OF THE SENATE.
THE TENURE OF PRESIDENTS PRO
TEN, DISCUSSED.


Argument-Mr. Evarts Offers New
Resolution Covering the Point at
Issue-An the Resolutions Referred
to Committee.
WASHINGTON, March 27.-In the Senate
to-day the resolutions heretofore offered oy
Mr.. Butler declaring that the tenure of the
president pro tempore does not expire at
the meeting Of congress after recess, but
is held at the pleasure OF the Senate, were
taken up. Mr.. George made constitu-
tional argument in opposition to them. de
argued that the president pro tenpore
could be chosen only for the time during
which necessity might exist that was dur
ing the absence Of the Nice-President.
THE CUSTOM IN ENGLAND.
He referred to English parliamentary his
tory in support of his position, and stated
as a remarkable fact that up TO the time of
the protectorate when the speaker pro
tenipore was elected FIVE tines no speaker
pro tempore had ever been elected,
bers to retire and perform no
business while the speaker was absent on
account of sickness or other cause. One
of the main reasons, he said, why the House
of Commons adhered to the idea Of having
no substl ute for the speaker was that the
officer, although elected by the House, ha1
to be approved by the king. and another
reason as that es il was regarded as i'm
portanS to have a regular speaker always
in the chair, provision for any kind OF
a substitute would encourage the speakers
absence
IN THIS COUNTRY.
Similar reasons, be said, applied here
The Vice President was not only approved
by the sovereign the people,, but was
chosen by the sovereign. lie was appointed
not by the Senate but by the people. For
important and grave reasons the people had
retained 10 themselves the election Of that
officer. For that reason no arrangement
should be made that would tend TO sho1
that the presence Of the Vice President was
not material.
AN OPPOSITE VIEW.
Mr.. Turpie took an opposite view of the
question and argued that the words of the
constitution indicated the term Of the
service of the president pro tempOre. The
words were ''n the absence Of the Vice
President" 1t would be noticed, he said,
that the word "abSence" was written in
the constitution with a capital "a" indi
eating that the word included every occa-
sion of absence 1t referred TO all
absences of the Vice President. or
course the president pro tenpore he'd
his office subject to the pleasure of the SEN
ate. The Senate might choose new sub
stitute for the Vice President, but it would
choose such a substitute for all absences of
the Vice President.
REAGAN AGREES WITH TURPIE.
Mr.. Reagan conceded with the views ex-
pressed by Mr. Turpie. 1t seemed to him
that the practice of the Senate in electing a
president pro tenpore to serve during the
pleasure of the Senate was perhaps allowa-
BILE under the language of the constitution.
and it was certainly conducive to the con-
ven ence of the Senate.
Mr.. Evarts said that after careful ex-
animation of the constitution he was con-
vinced that there was really no doubt of
the competency of the Senate TO choose a
presiding officer to act whenever occasion
should arise, and that it would be very in
convenient to tolerate any opposite view.
EvARTs' RESOLUTION.
He had prepared resolution, which he
thought would cover all points. 1t was IN
this language:
Resolved, That 1t is competent TO the Senate
TO elect president pro tempore who shall hold
office during the pleasure of the Senate and
until another is elected and shall execute the
duties thereof whenever tho Vice President is
absent.
Mr. Butler thought that the quest on
ought to be settled, but as the Senate was
not Likely to remain in session more than a
week or ten DAYS longer, there could be no
remain as it was He therefore suggested
that his own resolutions, and that sug-
gested by Mr.. Evarts, should be referred to
the committee on privileges and elections
HoAR WON OVER.
Mr.. Hoar said that when the question was
first presented, he had been opposed TO the
resolutions; but he had become satisfied, on
herring the arguments of MIR. EvartS and
the other senators on the same side, that
he ha. IF t,.. r
the power of the Senate to choose an Off
Ger whose functions continued-terminal, Of
course, at the pleasure of the Sen
ate-aud who might take the
chair in cases of repeated absence
of the Vice President, without a new cleo
tion. He thought that the practice of the
Senate had been the other way. There was
an unbroken usage in one way, while he
thought that the strength of the constitu-
tlonal argument was in the other way
Under the circumstances he should not feel
disposed to interp Sc any objection or OBJ
stacle TO the will of the Senate in this
matter.
DoLPH AGAINST IT.
MIR. Dolph argued against the propriety
or such construction Of the constitution as
would authorize the Senate to choose an
officer to perform the duties of the presi-
dent of the Senate during successive ab-
sences Of the Vice President.
Mr.. Dawes argued against the resolutions
as al varisnce with the construction given
by the Senate for 100 years, and as Mt vari-
ance with the contemporaneous construc-
tion given by Jefferson and the framors Of
the constitution. He was unable TO see any
occasion to bring up out of the
dead past any such question. It ap-
peared to him an absurdity 10
chose a president pro tenpore before he
was needed, or when he was not needed.
He was, therefore, unwilling to vote for the
resolution.
Mr. Blair asked Mr.. Butler whether he
expected the committee on privileges and
elections to make report on the subject AZ
this session.
Mr.. Butler thought it scarcely possible
that report would be made at this session.
The resolutions (Mr Buffers and Mr..
Evarts1 were thereupon referred to the
com mlttee on privileges and elections.
The Senate then proceeded Co the con-
sideration of executive business and, at
$3.50 o'clock, adjourned.