The Louisiana Democrat., 1890-04-02
POWER OF THE CHAIR.
MI. Carlisle Points Out the Dangers of
Reeds Arbitrary Methods.

familiar with the law and practice Q
the British House of Commons, tn
great legislative assembly of thei
mother country, and it is not unreason
able to suppose that when they provide'
for the election of Speaker, they ha.
in contemplation presiding office
with substantially the same powers, du
ties and responsibilities as had be
longed for many centuries to the pre-
siding officer i'll that body.
While the right to enlarge or restric
these powers, duties and responsible
ties by its own rules was expressly con
ferred upon the House of Representa-
tives it can not be supposed that tn,
authors of the constitution intended
by this clause to authorize the
exercise of a power which would de
stroy or impair the free representative
character OF the body itself. Like al
other powers delegated by the constitu
tion, the authority to make rules must
be construed and exercised in harmony
with the general spirit and plan Of
our republican institutions, and there
fore any rule which confers upon the
Speaker arbitrary power and allows
him at his own will and pleasure to de-
prive members of the right to make or.
dinary parliamentary motions and have
them voted on by the House is an mex.
cusable surrender of the privileges of a
free constituency and gross perversion
OF a power which was conferred for the
very purpose of promoting and preserv-
ing the independence of the representa-
tive. Members of the House do not act
for themselves, either in making rules
or passing laws; they act for the people
whom they represent, and whenever
they put fetters upon their own limbs or
stifie their own voices they inflict a
grievous injury upon their constituents.
Arbitrary power can exist nowhere in
free government, and if it be true, as
now claimed, that the popular branch
of the legislative department. has been
authorized to confer such power upon
any one man, no matter what his Off
cial title may be, it is clear that there
is defect in our system not hereto
fore detected by the most careful and
intelligent observers. The constitution
begins with the declaration that "all
legislative power herein granted shall
be vested in Congress of the United
States, which shall consist of a Senate
and House of Representatives" The
power to legislate necessarily includes
the right to hear and determine all
such motions and propositions as are in
cidental to the consideration of bills
and resolutions, and the transaction of
other legislative business, and this
power given expressly to the Senate
and House of Representatives can not
be delegated by either of them. 1t
must bo exercised by the members
chosen by the people and States to
speak and act for them. If they can
rightfully delegate to their presiding
officers the power to decide finally and
conclusiyely upon all motions made in
the course of legislative proceedings it
is difficult to see why they can not also
confer upon those officers the power to
decide in the same way upon the merits
of al! bills proposed. There is certainly
nothing in the mere name or title of the
residing officer to qualify him for the
constitutional exercise of such a power,
and it could as we'll be conferred upon
the clerk or the sergeant-at-arms, or the
doorkeeper.
The only justification that has been
offered for the revolution that has been
made in the practice of tho House of
Representatives, and for the extraor-
dinary powers conferred upon the Speak
or, is that certain motions and proceed
lngs heretofore allowed have been mis-
used for the purpose OF obstructing or
delaying legislation. This is true to a
certain extent, and if proper remedy |
for this evil had been proposed rem
sdy consistent with the constitution and
'he freedom of parliamentary proceed
would have been little, if !
my, opposition FROM the minority. But
here was no necessity for such radical |
changes as have been made, and moth
ng but the most imperative necessity
;ould furnish an excuse for them.
These new rules go far beyond all pre-
edent here or elsewhere, and confer
lpon the Speaker the absolute power to
efuse to entertain any motion what
'ver if he chooses to consider it tdilatory,
.lthough the motion itself may be clear
y in order and expressly authorized by
he very rules under which he is acting.
FOR instance, when a motion is under
ebate, the following motions are ex-
'ressly provided for: To adjourn, to lay
n the table. for the previous question,
o postpone to day certain, to refer, to
mend and to postpone indefinitely.
ehese motions are always in order when
ny matter of legislation is under con-
Iteration, and yet by the new clause
Inserted, it is understood, at the in-
tance of the Speaker himself-ho is
uthorized to refuse to entertain all or
ny of them upon the ground that in his
pinion it is made for the purpose of de-
"; and there is no appeal to the House
'om his decision, unless he may see
roper to permit it, because he can hold ,
nat the appeal itself is dilatory pro-
eeding. One of the rules which has {
xisted ever since Congress was organ
led provides that the Speaker shall
decide all questions of order, subject to !,
n appeal by any member" but that Of
GER is now clothed with the power to ,
sny this ancient right of appeal, and :
axe his own will the law OF the House.
No such power was ever before con- !
rred upon presiding officer in de- .