New-York tribune., 1891-03-07
may LOST IN THE SENATE.
rur DEMOCRATS CONTINUE FILIBUsTER1NG
AGAINST A CHANGE IN THE RULES
rur QUESTION OF THE POWERS OF THE PREsI'
nEyr PRO TEN FINALLY REFERRED TO
SENATORS ROBERTSON AND FAs-
sETT-GOY. HILL DROPS JONES.
,Br TELEGRAPH TO THE TRIBUsE.l

Try TELEGRAPH TO THE TRIBUSEl
.nanr March 6.-The Democrats continued thelr
nnosition to-day to the enforcement OF the commands
- +he Constitution that the President pro TEN. OF uo
s.nate shall preside over the Senate whenever uie
s,a~tenant-Governor is absent. The Republicans are
,onrally perssting in their attempt 10 amend u'e
ss,ate rules so that they will agree with the Coii'
.suion To-day the proposed amendment oi 'Ho
nss was the pending question, but Leutehah'-Uo''
amor Jones attempted 70 interrupt the cohs!uela'io"
~ tlis business by announcing bills from the AS
sembly. .. Cav
senator Fassett objected to the LeutenantGoV-
..ror making anv statement not authorized by the
sena+e Iieuenant-Go Jones declared that oeh"
Tor Fassetts objection an impertnence Inc ru'o
~ common courtesy rule enough senator 'aooO'
asked that certain privileged resolutions ecaiii'e
b,lls from the Governor, be passed; but the hepuO0
objected. nuo.orv
The Democrats then began to flibuster' DnaVo''
nations were adopted one after the other Deiio'
- senator ATTEMPTED TO trick the Republicans D!
h,rc a motion that one motion should be lau upon
,b. table II il had been adopted, the proposeu
amendments of the rules would also have been aiu Oh
the table. ,,ou..nant.
Governor Jones sat in the chairmans desh' 'o-' =
Erwin pointed out that there were two chailHlci' o.
,ho4 tbev were "Jones and Jacobs the two Jays ~
fall Mr.. Erwin further warned the democrats '"r'
,h p.nrh,cans had engaged their rooms at the hote'
unt,l December and were prepared 10 hght ou' INV
conflict They would hold more caucnses aoou' ''.
matter 81 would observation-disclosures 'o' '
added he "that II is said that these Obstructive "a"
are instigated by him. and that you cannot aloau ~ -
cause the States money 10 be further "as'eu' "-'V
YOU come before the people as candidate lor
they will say: Oh, no; You are too expensive Hiu
IN fraa-s
as matter Of fact Mr. Jones is already Governor al
he has 10 do is to take his oath Of Office Governor
Hill is senator, and declared by you MI iios'
dent
senator vedder made an able speech. arguing lha'
the Republicans merely endeavorlng 10 nave 'T
Constitution and Senate rules agree.
Mr. Saxton said that it was the natural rsHt Vi any
delberatve body to choose its own presiding oifcer
II was a well settled principle that powers held In
+rnst could not be delegated. Therefore the
Lieutenant Governor had right TO call another per-
son TO the chair, even for five minutes except oS
the consent Of the senate He had 10 Independent
power whatever in the matter This was the uhuer-
living principle Of the whole question Inc Ike
pubicans wanted merely TO correct an ambiguity IN
tbe r1Jes He moved 10 take recess till o'clock
Mr. Linson claimed the floor, and said that Governor
Hill did not become United states Senator until he
had taken the oath. The speaker declared tAat the
minority had never conceded that wasrght
The drew lis powerf ON the Consu
tuition and not from the Senate Mr. LnSon explained
the position of the Democrats 1T some length, aho
declared that he did not believe that the Two side;
would ever get any nearer together on the question
After some further discussion, Mr.. Saxton's motor
10 take recess until O'Clock was carried, The
Democrats voting in the negative
After the recess. the Senate rassembed at
D. m Mr.. McCarren raised the point OF order ''l
Assembly messages were privileged and the Lieu
tena1t-G ovcrnOr ruled the point we'll taken
Mr. Fassett argued that change in tie order o
business could not be made except by vote oi TN
Senate whose own business has precedence over tina
Of others If objection is raised messages from IN
Governor or Assembly therefore, be received
only in the order of business assigned TO them.
Lieutenant-GoveInor Jones said that the Constit'l
ton held that the messages OF tie Assembly an'
Governor were privileged, implying that they mus
be received when sent; otherwise they might neve
be received. This view was sustained by Jehersoh
Manual.
Mr. McCarren said Mr.. Fassett's interpretation
would enable a majority in one house to stop al
business by refusing to receive bills from the other
Mr. Erwin said he hoE that ages from the senate
and Governor privileged. and should be received
at any time; and when speaker OF the Assembly h'
s, ruled In Interpreting rulos it was best to leave
out politics and on this matter he did not agree viii
Mr.. Fassett
Mr. Ives held that under the Constitution the mes
sages lust be received and disposed Of in some fashion
Mr. Fassett pointed TO the fact that the Coh
nectlcut Senate refused to receive any message
from the House. Implying that Mr. BuIieey
Governor.
Mr.. saxton said the Constitution did not prescrib
how messages should be received. Mr. Erwin said tn
messages must come thror-h The clerk. not the Chair
The Chairs railing was not susained-yeas IL; nays
lo party vote.
Mr.. Linson argued that the intent Of the Consttu
ton was that. Il the LicuenautGOvernor became Gov
ernor. a temporary president should he eec'ed' a
other times the president pro tea. coud act only u'l
The Leutenant-Coycrnor returned The revised statute
provide that when the Ii Ut Governor Is absent
"the senate shall elect temporary pIes!den
until the Lieutcnaut-G GOveuOr returns This very
issue was fought in the Old CAPITOL In lo=7 th'
Lieutenaut-GovernOr unable to attend the senate
Previously Peter Il. Livingston had been elected presi
dent pro TEN. and to0k the chair. The LIEUT. naIt
Governor returned. and Livingston vacated the chair
The next day the LeutenauG Governor was absent an;
Mr. Livingston again took the chair. His right wa
questioned and referred 10 special committee. JOIN
G. Spencer chairman Of that committee. reported
that the return Of the Lieutenant Governor ter
minated Livinc,tOn's tenure Of the Office o
president pro ten. The senate unanimously accepted
the report and thereafter Whenever necessary, electe
O president pro ten.
Mr. Erwin said that in Congress and in all the state
from day 10 day.
Mr. Linson said that in 1916 the same question hat
arisen. In that year the Lieutenant Governor left tn
chair, naming "a senator to act in his place, and 70
ten days the Senate flbustered over The election OF
president pro tempOre and finally decided that ten
porary president should not be chosen The question
now before senate. said the speaker went much be
yond a mere change OF rules In the near future /
might become of the greatest importance, and The Con
su,ution the Revised Statutes. the report Of John
Spencer and the piecedents quoted We're on the Demo
cratic side.
Mr.. FaSsett argued that early precedents did no
apply TO the present situation, as tradition and praC
tice of the last twenty years lad establishes
different customs. He said Mr. LlnsOn had raised a
issue not living.
Mr.. ROesch pointed out that in 1855 the senate ha
chosen Mr.. Mccarthy president Of the senate afte
Mr. Cleveland resigned the Office Of Governor AM
Mr. Hill became Acting Governor. Although previousl
president pro ten, Mr.. Mccarthy had considered wit
40 Senatn annlLer electiOn necessarv.