The times. [volume] (Richmond, Va.) 1890-1903, 1893-11-02

power OF governing JUS Wv" - "a
proceeding? That would be 1 az
absurdlty upon its face w" - -.
exception that in consideration y, -,
received Nv the stale. n legislature may
make a contract with corporation VI
individual which will be bindlng upon
it's SUCCESSORS II is familiar Jaw thal
all attempts TO deprive supsequeHt
slons OF a legislature OF the isnt "
exercise all constitutional power vi ieslS-
lation are void. No legislature IL coh-
peteut to limit the power OF It's success1ts'
but each session must transmit u tlIoSe
to come after II the complete powers
Il received fren, rs predecessor. Cooley
on taxation and cases cited, 60 ct seq
AS to the power of making rules OF pro
ceeduye, the Supreme Court Wei saId
IN the above cited case' Inc power
to make rules IS not one "hlch once
exercised Is exhausted. Il Is eonun-
uous power, always subject 10 De eNer-
cfsed by the House" Inc creature ~
not greater than its Sfe@Not, hoh Aae
servant greater than his master. Inc
mower TO make implies the power to
unmaRe, TO alter. OF sNspeha' anu as
the power OF action upon the subject
is exclusively vested in the Senate ana
that power is welded by the majority
the majority must Of necessity De Inc
sole Judge OF the time ana manner OF
its exercise whiting the limit above laid
down by the Supreme Court All ruies
Of procedure, in legislative or Juulci"
bodies, are more Administrative Iteu,"
lions OF expediency ana means ioI tIe
futherance OF Justice and should never
he used or permitted 10 be used or abused,
for the obstruction or defeat 81 the
object for which they were adopted
The Supreme Court Of the United states
itself. az have every court, prescTlDeo
rules Of procedure, and It's Tuies
are rigid and OF necessity are rig
idly enforced for the e1Pealuils
Of the great business before H.
But no court or delberauye pouy
has ever more clearly recognized or
moro fully acted upon the principle that
rules OF procedure are made LOT the
administration Of justice and not IT'S
otst~Uctiop." and that q rule may always
Re SUSPENDED. or excepted from par
ticular case rot within its reason OF
| iDteDJyae2t or whea operating Win hatsh
ness Thus as far back as 1851, in United
States VS.. Breitung, 70 How. - the Coutt
said by NJ. Chief justice Ianey -
is always I'm the power Of the Court
60 suspend fits own luies, OF u eAC-pI
q particular case tgom US opetaA,"'
whenever the purposes Of justice require
It" By an unwritten rule Of the Senate
called senatorial courtesy, there is no
limit 70 the freedom OF DEBATE bur
the right Of debate fixes constitutional
limit 10 itself. il IS In lis nature, ana
for its purposes, like all rights, 10 be
exercised in good faith, and for the
purposes OF its origin and edstence. II
is a right to be used, not abused. Liberty
is not license True liberty can only be
secured nv The restraint Of license. Every
man is entitled by fundamental law, 10
be heard I'm a court Of justice before
his rights Of property or person can
be validly determined. But all courts
have found It necessary TO limit the
right TO be heard, and TO confne 1t 70
| the purposes Of justice, and not 10 per-
nit il to be used for its obstruction ana
hence almost all appellate courts al least
have fixed rules limiting the time ana the
number Of counsel 10 be heard in case
vet subject TO suspension when the pur~
poses Of Justice seem 10 require IT, Inc
right Of a senator 20 be heard before
legislation is had is Of the same natuie,
and subject 10 the same limitations
1t Is not a right 20 be prostituted 10 the
obstruction OF the legislative powers OF
the Senate and the business OF bOth
| houses ef Congress ia the Enactment OF
| laws: Nor was IL intended TO 'furnlsh
a means Of suspendiHg the legislative
power and duty * a dVoyVSf' N eiNnef
uous speech, chattering, or braying, IN
which n mOnkev woui6 be the equal Of
/ any senAtor and a mule his superior in
/ endurance. Ii is safe to say that no
more melancholy and disgracetul specta-
! Gle Of the kind was ever exhibited 20
| challenge the general disgust and con-
TEMPT OF the country, and the rNeule
! Of the world than the late struggle be-
/ tween crave senators 70 see VINO could
J talk the longest against time, OF VINO
! could longest endure the talking, coniln-
! uousy day and night, without rest al
! the risk OF health and life, In ienoole
ana ludcious strife, like Goldsmith's
! rus,ics on the village green.-
! THE dancing pair that simply sought re-
Uown -. Of,
ing pair that simply sought renown by
| boldiug out To tire each other down
! Freedom of debate was never designed
! FOR such a purpose, and its perYelsloh
| So tAzt purpose %8s ~ OBVIOUS Atdoo
Of the constitutional power ana duty OF
! fhe Senate for legitimate action upon
| tU saot ,,p 20 Il fvoyu the House OF
/ pe,~esautatives. one cannot but remem-
! N,er that when there were really great
| men in She Senate. who gave X the ols-
| ritN, and distinction which not even some
! NJ their successors have been able en-
/ hrelv 10 eliucc. thNy arose only Wheh
thew had something 10 say, that lhey
/ knew how 20 say It, and then TO take
! their seats, from three 10 your hoafs
! baine, the LONGEST time, IN so long. that
/ C,tay, VVexrer or Calhoun ever occupied
/ ON Inc elkn1est occasions in me delivery
/ of speeches that at once illumined ana
/ exhausted the subject and achieved I'M
! mortal fame. one hundred hours now are
! wasted I'm sound and fury signi1ylnB
/ nothing. but the defeat of legislation by
the consumption on dme. But IN the
, better times there were no me"
| Of millions Of money ana H, ,e
! ocrftv of brains. except Tor MAKING
| money. accused OF rSyirg bought seats IN
/ The senate. nor Territories, Of pickay uhe
! nopulation. nletamOrphcsed into states lot
marty PURPOSES and pocketed by deina-
| goures to play the farce OF legislation Dy
] it's obstruction And so as % the Wrtteh
rule allowing senators TO demand me
/ yeas and NAYS. 10 was INTENDED 10 De
| used in good faith 70 ascertain wnetheF
/ a quorum is present Nheh sLcH y -
| tion is really in doubt, and IL IS deemed
! ~ innortance. I'm any special case that
! the fact OF a quorum at the time shouiu
| he made adirmatiyeiy 20 appear OF record'
! dngtaad its silence being presumption OF
| the fact) or that Tie votes pro ana con
| for any measure should so appear III ue-
I tain constant repettions Of demands Tot
| the yeas and NAYS, witA the SOie oOject
[ ~ copsunipg time, and preventing even
! the progress of the prostitution OF de-
| bate was In the same line and com
| popent part JUDGED Of that fraud upon nc
| Constitution and the powers and duties OF
! legislation conferred by II upon lHe "'''-
| ate. .
| 10 say that a quorum being present a
majority which Is sufficient for all other