The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1890-03-28

the lsritl~t House OF IN
great legislative assembly 81 thei
mother country, and il is .
able to suppose that when they provide
for the election Of a Speaker. they ha'
, in contemplation = presiding Office
I with substantially the same powers. du
. ties and responsibilities as had be
! longed for many centuries 70 the pre-
siding officer Ia that body.
While the right 10 enlarge or rvstric
these powers. duties and responsible
ties by its " rules was expressly con
/ ferred upon the House of Representa-
/ tiyes II can rot be supposed that the
I authors Of the constitution intended
BY this clause 70 authorize the
exercise Of q power which would de-
stroy or impair the free representative
character OF the body itself. Like all
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 70 de-
Itft VI tnN AA-ul ~ IuAHt OF
binary parliamentary motions ami have
them voted on by the House IS an mex
cusable surrender OF the privileges OF q
free constituency and a gross perversion
of a power which was conferred for tho
very purpose OF promoting and prescry-
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 letters upon their own limbs or
stine their own voices they iniict q
grievous injury upon their constituents.
Arbitrary power can exist nowhere in
. free government and II it be true. as
now claimed. that the popular branch
OF the Legislative department has been |
authorized TO confer such power upon
any n man. no matter what his OFF,
cial title may be, IL is clear that there
is a 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 a Congress OF the United
States. which shall consist OF a Senate
and a House Of Representatives. The
power 70 legislatel necessarily includes
the right 10 hear and determine all
such motions and propositions as are in
70 tie consideration Of bills
and resolutions. ana the transaction OF
other Legislative business, and this
power given expressly TO the Senate
House Of Representatives can not :
be delegated by either Of them. II
be exercised by the members
,hosen by the people and States to J
speak and act for them. II they can
rightfnlly delegate TO their presiding
officers the power 10 decide finally and 7
,onclusivelv upon al motions made in =
course Of legislative proceedings IL !
IS difficult 70 see why they can not also :
upon those officers the owe 10 J
decide in the same wav upon the merits :
OF al bills proposed. There is certainly )
nothing in the mere name or title OF the
officer to qualify him for the !
constitutional exercise OF such a power. !
1t could as well be conferred upon :
he 3erk or the sergcant-at-arms. or the :
loorkeeper. I
The only justification that has been !
'fered for the revolution that has been :
made In the practice Of the House OF l
representatives, and for the extraor- :
iinary powers conferred upon the Speak
y. Is that certain motions and proceed
ngs heretofore allowed have been mis-
ised for the purpose Of o~bstructing or !
legislation. This is r u to a v
certain extent, and II a proper remedy I
this evil had been proposed rem
'dy consistent with the constitution and D
he freedom Of parliamentary proceed c
n~gs--there would have been little. IL Il
my, opposition from the minority. But q
here was no necessity for such radical
hanges as have been made. and moth A
ng but the most imperative necessity 81
ould furnish an excuse for them. Il
These new rules 20 far beyond all pre- Il
edent here or elsewhere, and confer q
pom the Speaker the absolute power to i
.fuse to entertain any motion what Ii
The chooses 10 consider il dilatory. II
Though the motion itself may be clear L
in cider and expressly authorized by
ne very rules under which he is acting. '
or instance. when a motion is under II
ebate. the following motions are ex- u
ressly provided for: To adjourn. 70 lay ii
n the table. for the previous question. al
} postpone to a day certain. to refer. to Il
mend and 70 postpone indefinitely. al
hest motions are always in order when Il
ny matter Of legislation is under con- Il
Iteration, and yet BY the new clause
1t is understood. at the in u
OF the Speaker himself-hc is !,
lthorized to refuse 70 entertain all OF \,
ny Of them upon the ground that in his Il
il il made for the purpose OF de- I,
"; and there Is no appeal to the House I
ON his decision. unless he may see n
TO permit IL because be can hold y
lat the appeal itself Is a d~ilatory pro- y
One OF the rules which has :,
xisted ever since Congress was organ
provides hat the Speaker shall !.
all questions Of order. subject 10 a
n appeal BY any member but that Of u
Ger Is now clothed with the power 10 y
eny this ancient right OF appeal. and 4
his own will the law OF the House. a
No such power was ever before con 4
FRED upon a presiding officer in a de- N;
Ibcrate body, AMI it il safe to say that N
np HnpEa 80 n....-.- '