Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-16
JUDGE COOLEY'S HINT
His Advice to the Majority in the
Senate,
NOT TO SUBMIT TO a MINORITY.
Treat Obstructionist as if Out
siders.
AN INTERESTING LETTER.

NEW YORK, Oct. 16.-In reply to an in
quiry as to what course he thinks the ma
Jority of the Senate ought to pursue in
order to secure a vote on the repeal bill.
ex-Judge T. NJ. Cooley sends to the Even
ing Post the following:
The Senate is one house of a legislature
created by the Constitution to make laws
tor M ene country. It's authority TO act is
by majority; this is clearly implied, and as
much part of constitutional grant of DOW
er as IL expressly declared.
II the Senate were to make a rule de-
ciarlng that the minority might by talk
Tor 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
De void, because depriving the Senate OF
It's constitutional power. II a custom to
that effect were to grow up and be toler-
ated by the courtesy as one that in SO
olgnlned body would not be abused IL
would be equally void and the senate in
recognizing IT to the extent 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.
ine SeIate's Constitutional Duty
lts constitutional duty plainly is TO pro-
ceed as IL no such revolutionary rule or
custom existed. When a minority OF the
members show by their conduct and even
boastngly declare that tney propose to
aNall tnereoI Tor the express purpose of
preventing the Senate exercising IIs con-
sttutionai authority, by SO doing professed-
~ making use OF. the rules of the BODY Tor
oisorderiy purpose, the senate is no more
poono 10 submit TO tneir oisorderly pro-
ceeulhgs than II would be to that of per-
sons not members VINO should In any way
latlon.
Members Of the majority should make
the proper motions looking to definite and
maj action on the pending measure and
the presiding officer should recognize them,
sihce only IN that way can the inevitapIe
rieht OF the Senate to express its Will be
exercised. II this is not DONE upon ar
Assumption that in some manner by the
action or the non-action OF the Senate IL
mas become Impossible unless the minority
assents, then the leading principle in repre-
sentative government Is in one house of
Congress aprogatea.
This is a monstrous proposition. 1t is
not true unless a revolution is already ef-
all the powers today il ever had ana one of
them is to proceed to take the sense of its
memoefs upon proposed legislation. To
consent 10 the doctrine that by courtesy
VI otnerWlse, IL has surrendered this power
TO a minority Of its mempers is in effect to
declare that without any right conferred
upon II to limit or alter the full grant OF
legislative power conferred upon IL by the
constitution the Senate has Nevertheless
oone SO, not from any Necessity or even
on supposition that public benefits were
10 result but from extraordinary assump-
ton that legislative courtesy Will NOT be
abused when the abuse is going ON per
sistently in the presence of the Senate itself
ana Is being boasted of and gloried in.
enough that the senate cannot
unit, directly or indirectly, it's constitu-
uonaI rights. 1t is disposed to exercise them
and to that end should disregard, SO far, at
least as may be needful. the disorderIy ac-
,.V;,s uIn ot those members who now propose,
with the implied assent OF the Senate ana
win the boasts of a power distinctly an
sagonistlc TO the constitutional grant 10
prlhg the legislative authority of the coun-
try into contempt"