Middlebury register. (Middlebury, Vt.) 1886-1937, 1893-10-27

uueStluns all the rest, ike ulsOruefly
conduct, etc, is left to the general rules
of parliamentary law. These rules in II
condensed form are embodied in Jetfrr-
sons manual, which has been recognize Il
as II part of the law of the senate ever
since the organization of that body in IL
80. The substance of what is said in
Jeflersons manual have not the book
before me. and so speak only from rec
Ollection-is that no member of the leg
islative body shall he dsorderlv, uncivil
or obstructive, and that he shall speak to
the point. If, however, any senator or
any number of senators shall appear to
the presiding officer. or to any MEM
Der, to be transgressing any of these
provisions, he may be called to order,
and if the point of order be sustained by
the presiding officer or by the senate hc
cannot proceed without leave. The res
suit of all this is what both common
sense and patriotism necessarily imply,
namely. that it is competent for the SEN
ate to determine at any time whether
any senator or any number of senators
are abusing the privilege of debate, or
transgressing the orderly and earnest
course of the business of the body. If,
in the unfortunate and Notifying state
of circumstances now existing in the
senate, any senator should raise the ques
ton that the debate had become OBJ
structve, aud insist upon vote being
taken on whatever question might be
pending, it would be the duty of the
presiding officer to rule upon that ques-
ton of ORDER Whichever way he should
rul. his decision would be subject to the
judgment of the senate on appeal. That
appeal would be debatable, but by the
same law | have stated, it could not be
debated obstructively, and when thus
debated and the debate on the subject
should, in the judgment of the senate,
become obstructive, a second point of
order could be raised and decided as be-
fore. That decision could also be the
subject of an appeal, but the second APP
peal would not be debatable. Thus, IN
a very short time, day or two at most,
the senate could come 10 "A determination
as to whether it wished to do business or
NOT, and it could come to it lawfully,
regularly and in entire accordance with
every existing rule of the senate. OF
course such a power in the majority Of
the senate is liable to abuse; but every
power is liable to abuse and, besides, in
such case of obstruction every senator
voting on the question is voting on his
oath of Office, and beyond that he would
feel that he was acting upon "A question
that might very soon be repeated under
circumstances wherein he and more or
less of his colleagues would wish for
just and ample time for honest discus
sion, so that the danger of abuse in cases
of this sort, IN small body like the SEN
ate, is comparatively small.
1t, perhaps, may be well that the Sen
ate, at some time when no urgent ques-
ton shall be pending. should make a
definite rule upon the subject; that such
a rule should be of the most liberal
character, in order that it should not be
in the power of the majority under a
fixed rule to force vote before the min
ority should have had fair and full Op.
portunity for discussion.
1t may be said that such a course OF
procedure as have indicated would be a
new departure and would overthrow the
courtesy of the Senate" which has pre-
vale for century. do not think so
The courtesy of the Senate has almost
always been that which should prevail in
the small body selected by the States tC
represent both States and people. That
is the courtesy of giving to every sena-
tor, consistently with the fair dispatch
of public duties, an opportunity to state
his views on the subject under considera.
ton. 1t is contradiction in terms tC
say that courtesy requires a majority tC
allow the minority to determine whether
public business shall be carried OH or not
All that has happened hitherto in the
whole history of the senate in case:
where 1t might seem some senator was
talking against time, ETC., has happened
because the Senate has not been called
upon to decide the question.
Yours very truly,
GEO. F. EDMUNDs.
John w. Stewart, Middlebury, VT.