The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-10-28
AN EMINENT JUR1sT.

Judge Cooley says: The senate is
enc house Of a legislature created by
the constitution TO make laws for the
country. It's authority is by act of
the majority. This Is clearly implied
and as much part Of the constltu-
tional 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 dilatoiy motion having no other OBJ
ject, or In any other way stop legisla-
tion and prevent the majority proceed
Ing to vote, the rule would be void be-
cause deprivlng the senate Of its con-
stitutional power, II custom to that
effect were to grow UP and be tolerated
ty courtesy, as one that In SO dignlfled
a body would not be abused, 1t would
be equally void, and the senate in rec
ognlzing 1t to the extent of permitting
the minority to decide what Its action
should be or that no action should be
lad when the minority so declared,
would be taking a revolutionary course.
Its constitutional duty Is plainly to
proceed as II no such revolutionary
rule or custom existed When a 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 au-
thority, they nre IN SO doing professedly
making use Of the rules of the body
for a dlsordely purpose, and the SEN
ate Is no more bound 10 submit to their
disordorly proceedings than 1t 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 pending meas
ure, and the presiding officer should
recognize them, since only in that way
can the inallenabe right of the senate
to express It's win be exercised. II
this is not done, upon an assumption
that in some manner. by the action or
non-actlon of the senate, It has be-
come impossible unless the minority as
ssnts, then the leading principle in
representative government is, in one
house Of congress, abrogated,
This is a monstrous proposition. It is
not true unless a revolution Is already |
In our government. The sem
ate has all the powers today 1t ever
had, and one Of them 10 TO proceed TO
take the sense of the members upon
proposed legislation. To consent to the
doctrine that. by courtesy. or other
wise II has surrendered this power to
4 minority Of Its members is in effeei
70 declare that without any authority |
conferred upon 1t to limit or alter N,
'uli grant Of legislative power conferred
lpon II by the constitution. the senate
ias nevertheless, done so, not from
Iny necessity or even on a supposl,ion
hat public benefits were to result. but
rom the extraordinary assumption
hat legislative courtesy win not b,
.hused when persistenuy the abuse Is
Ding on in the presence of the senate
self. and is being boasted of ana glo-
led IN.
u is enough that the senate canno,
NIT. directly or indirectly. It's con
itutionai powers. It should proceed
exercise them, and to tha, end should
-'-safa. - far at least as may be
edful. the disorderly action Of those