Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-18
is 1T CONSPIRACY 2.
A Boston Lawyer Makes Sugges-
tions to the Senate.
how OBSTRUCTION MAY Be MET.

The Senate Prevented From Exer-
cising Its Duties.
CONSTITUTION AND RULES.
If the advice of Mr.. Leonidas L. Hamil-
ton Is followed the obstruction offered in
the Senate to the repeal of the silver pur-
chase law will be speedily overcome. or
else the Senate will have one of the liveliest
sessions that that or any other legislative
body ever had. Mr.. Hamilton il a well
known lawyer Of Boston. He came here
at the request Of business men of Boston
to present a memorial to the Senate in
favor Of repeal This petition has already
been presented. The names 1t bears repre-
sent capital aggregatirg $350,000, 900. Mr..
Hamilton's mission has not however. been
ended by presenting this memorial He has
come here instructed by the petitioners to
aid In every manner in his power the ex-
pediting Of the passage Of the repeal bill.
OF course, the main question is Just now
how to overcome the obstruction in the
Senate. and Mr.. Hamilton has addressed
himself to this matter with a view to show
ing the majority Of the Senate a legal way
of asserting its power. Mr.. Hamilton's
method Is, in brief. to make a record of the
fact that every Senator who takes part In
dilatory or obstructive proceedings at this
time is engaged in a conspiracy to defeat
legislation. When this fact Is established
he believes that IL the point is made by any
Senator a member Of that body who rises
to make dilatory or obstructive motions
can lawfully be ruled out of order by the
presiding officer Mr.. Hamilton. as a law
yer, has made a special study Of constitu-
tional law. and he has called the attention
to few points Of constitutional law bear
Ing upon the rules of the Senate. and which.
he says, have not yet been brought out in
the discussion upon the rules.
The suggestions which he makes were
submitted by him In writing to Mr.. Voor-
hees. and at the instance of Mr.. voorhees,
were subsequently presented to the Vice
President The Vice President told Mr..
Hamilton that as presiding officer he could
not initiate proceeding looking to a rul-
ing such as Mr.. Hamilton proposes, but II
any Senator in the chamber raised the ques-
ton he would promptly rule upon 1t. There
upon Mr. Hamilton drafted a letter which
he sent last night to Senator Hill. hoping
that that Senator would adopt the sugges-
ton and undertake to bring about an issue
which would render it possible to secure a
ruling from the Vice President.
Mr.. HamtltOn's Plan.
In this letter to Senator Hill Mr.. Hamii-
ton explained his plan as follows:
Judge Cooley recently sent to the New
York Evening Post an extra judicial opin-
ion upon the present crisis. (Which was re-
of which you have doubtless been informed,
and which l will quote briefly as follows
When minority of the members show by
their conduct and even boastingly declare
that they propose to avail themselves Of a
custom permitting unlimited debate (Which
the Judge terms a revolutionary custom)
for the express purpose of preventing the
Senate exercising Its constitutional authori-
ty, by SO doing professedly making use of
the rules of the body for a disorderly pur-
pose the Senate is no more bound to sub
nit to their disorderly proceeding than II
would be to that of persons not members
who should in any way attempt to prevent
regular and legal legislation
Permit me to add Senator, that an emer.
gency has arisen which demands the estab.
iishment OF precedent. The question of
the Senates existence as legislative body
1t at issue. The Senate or any of its men,
bers may champion Its right Of self-preser-
Vauon py the unwritten law of every leg
is .aItl body to exist as such.
The Senate Is charged with the exnres
sion OF the will Of the people by means or a
majority vote in the enactment of laws:
the right to that expression is transcen.
gent ana needs no written law. 1t cannot
De oethroned, except by revolutionary
methods. Further obstruction is REVOLUTION.
II 1t can be plainly shown that its object
Is to end all attempts of the majority TO
iesisiate upon measure Objectionable to
the minority.
THE crisis must be met by constitutions,
methods. The rules of the Senate provided
by the Constitution cannot annul any ex-
rresS provision or even the spirit of the
S 20, either by an existing rule of
the Senate or by any Interpretation given
to the absence Of an express rule
Inc OBJECT OF the rules was the expedit-
Ing of the legislative deliberations Of the
senate. and not obstruction. The exact
meaning of rule XXI governing precedence
OF motions is clearly against obstruction.
1t reads as follows:
When a question is pending no motion
snail De received but to adjourn This
rule is intended to give precedence to the
pending motion to expedite business. and
not delay it. 1t means that the Question
pending must be acted upon, and nothing
snail delay 1t but the motions following in
their order. If this were not the clear
meaning Of the rule there would be no ne
cessity for limiting the pathway of OBJ
struction to the list of privileged motions.
1t evidently does not imply In the list
therein given that factious obstruction shall
be permitted to interfere with the course
of legislation until the Senate becomes in.
operative as legislative body.
A Right to Come to a Vote.
1T implies the right to come to a vote
and that senatorial courtesy cannot be pro-
longed to a complete surrender of the right
of the majority to demand a vote. 1t means
that unwritten law shall provide for the
lack Of the letter and explicit provision
Its absence in words was intentional, be-
cause to have suggested the necessity OF
such a provision in the written rules would
have been considered, at the time Of theil
adoption. an attack upon the integrity OF
the Senate This Interpretation has stood
Tor over one hundred years and has almost
without exception hitherto checked obstruc.
ton. 1t provides the unwritten law, which
is In harmony with tradition and the spirit
OF the Constitution The absence Of an ex.
press rule prohibiting indefinite discussion
gives no right to the minority to enter upon
such discussion any more than the absence
of a rule of the Senate prohibiting the vio-
lation OF the duty of Senators to obey the
Constitution and the laws grants to them
the privilege Of overthrowing constitutional
government and the right to defy the law
L