The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1893-10-20
ment are jeopardized by the passing
Of the Union Pacific Railway into the
hands of receivers.
WHAT THE SENATE SHOULD DO.
EX-JUDGE cooLEY's PLAN TO BREAK
THE DEADLOCK.

In reply to an inquiry as to what
course he thinks the majority Of the
Senate ought to pursue in order to
secure vote on the repeal bill, Ex-
Judge I. NJ. Cooley sends to the
EteniAg Pest the following:
"The Senate is one house Of Leg
islature created by the Constitution
to make laws for the. country. Its
authority to act is by majority; this
is clearly implied. and as much a part
of constitutional grant of power as if
expressly declared.
If the Senate were to make rule
declaring that the minority might by
talk for the express purpose, and BY
dilatory motion having no other object,
or in any other way stop legislation
and prevent the majority proceeding
to vote, the rule would be void, be-
cause depriving the Senate of its con
stitutional power. II 4 custom TO
that effect were to grow up and be
tolerated by the courtesy rs one that
in so dignifed a body would not be
abused it would be equally void. and
the Senate in recognizing it to the ex
tent OF permitting the minority to
decide what its action should be or
that no action should be had when
the minority SO declared would be
taking revolutionary course.
"Its constitutional duty plainly is to
proceed as if no such revolutionary
rule or custom existed. When 4 mi
nority OF the members show by their
conduct and even boastingly declare
that they propose to avail thereof for
the express purpose of preventing the
Senate exercising its constitutional
authority, by so doing professedly
making use Of the rules of the body
for disorderly purpose, the Senate
is no more bound to submit to their
disorderly proceedings than it would
be to that Of persons not members
who should in any way attempt to
prevent regular and legal legislation.
"Members of the majority should
make the proper motions looking to
definite and final action on the pend.
ing measure, and the presiding officer
should recognize them, since only in
that way can the inevitable right of
the Senate to express its will be exer-
cised. If this is not done, upon an
assumption that in some manner. by
the action or the non-action of the
Senate it has become impossible un-
less the minority assents, then the
leading principle in representative
government is in one house of Con-
gress abrogated.
"lhls is a monstrous proposition.
1t is not true unless ! revolution is
already effected in our government.
The Senate has all the powers to-day
1t ever had, and one OF them is to
proceed TO take the sense of its mem
bers upon proposed legislation. To
consent to the doctrine that. by coul-
tesy or otherwise, it has surrendered
this power to 4 minority OF its mem
bers is in effect to declare that with
out any right conferred upon it to
limit or alter the full grant of legisla-
tive power conferred upon it by the
Constitution. the Senate has never
thelesS done so, not from any necess:-
ty or even on supposition that pub
lie benefits were to result, but from
extraordinary assumption that leglsla-
tive courtesy will not be abused, when
the abuse is going on persistently in
the presence of the Senate itself. and
is being boasted Of and gloried in.
at is enough that the Senate can
not limit, directly or indirectly, its
constitutional rights. 1t is disposed
to exercise them, and to that end
should disregard, SO far, at least, as
may be needful, the disorderly action
of those members who now propose.
with the implied assent of the Senate
and with the boasts of a power dis
tinctly antagonistic to the constitu-
ton grant, to Oring the legislative
authority of the country into con-
tempt"