The Providence news. (Providence [R.I.]) 1891-1906, 1894-04-02
Why the Senate Refused to
Join in Grand Committee.
REMARKS BY HON. E. L. FREEMAN.
Delivered Before the Rhode Island
senate, FEB. 20, 1S94-Essential
Facts for the People-Wby Cover
nor Brown should BE Supported.


Interestingly and exhaustiyely.
Mr.. President and Gentlemen The
question which we are 20 consider this
morning, though ostenslby the same as
that which has been before as several
times. viz: an invitation for Ills Excel
lency the Governor, and the senate To JOIN
tho House of Representatives IN Grand
Committee, Is ia mary respects On en-.
firely different one; and ln lts present
form so far from being, what has
been the universal practice under
the constitution, "a simple re-
quest TO Join ia Grand Committee for GER
sain specified purposes, combines with
that request, proclamation OF What the
House wishes TO do IN the way OF leglS-
fation. a uartisan presentation OF its own
virtues, an implication that this Honor
able Senate Is not at present organized
pursuant 10 the constitution and there
fore not competent 20 act upon sueh wise
and beneiicent measures as shall be
enacted by the House, and closes with an
insult 20 the honorable gentleman who
fills the Office OF Lieutenant Governor OF
this State
The able argument Of the Senator from
Providence was not prepared 10 mt TINS
composite production, and IL evidently
look him as much by surprise as IL ala the
other members of this body.
will, however, take up the argument
so ably presented by the gentleman who
represents the city of Providence on this
floor, to see if there is contained in 1t rea-
sons, which, IL allowed TO have their due
weight and consideration, should lead any
Senator TO change his views as 10 the duty
OF this body TO Join the House in Grand
committee for the objects specified by the
Constitution and by the laws OF this state,
framed pursuant to the constitution.
But we should judge from the argument
of the Senator from Providence, and from
the whole trend of the discussion of this
subject, both in and out of the General
Assembly, that there were but two
things in the constitution, and not much
of anything in the laws OF the State, that
were Of any particular importance, and
these are, the first paragraph OF section q,
Article w., "Each house shall be the
Judge of the elections and qualifications
Of irs mem bers," and the last paragraph
of Section 3, Article VIII, 'and II shall be
the duty of the two houses at said session,
after their organization, upon the request
tof either house, TO join in Grand Commit
tee for the purpose OF counting and de-
claring said votes, and OF electing other
officers"
Such provisions az Section of Article
VII, ,sstho Governor shall take care that the
laws be faithfully executed" or Section o,
same Article, Gin case OF disagreement
between the two houses of General Assem-
bly, respecting the time or place OF ad-
journment, certified to him by either, he
may adjourn them to such time
and place as he shall think proper;
provided, that the time OF adjourn
Inent shall not be extended beyond the
day of the next stated session." or Section
] OF Article VIII, which provides chat "the
Governyr. Lieutenant Governor, Sena-
tors, Representatives, Secretary of State,
Attorney General and General Treasurer,
shall be elected at the town, city and ward
meetings TO be holden on the first We'd
nesday of April annually; and shall
eeverally hold their offices for one
wear from the first Tuesday OF May next
succeeding and until others are legally
chosen and duly qualified TO fill their
places" and many Others, do not appear,
from the amount OF consideration be-
slowed upon them, TO be worthy OF the
attention of these gentlemen, or OF any
binding force whatever.
Icannot agree with this doctrine. What
ever others may say or do, believe that
IL is as much my duty, under my oath ot
Office 10 support one portion of the Con-
stitution and the laws enacted pursuant
to its provisions, as il is 60 support any
other portion. ] have not the right, even
IL had the desire, TO select certain por-
lions of the constitution and the laws and
say that these and these alone are worthy
Of and entitled to my support
But il may be asked, how is a Senator
or Representative to construe or under
stand the constitution or the laws, where
they seem to admit of more than one con-
struction, or where the language may ap-
pear ambiguous? / know not how others
may decide this question; for myself am
content TO support the constitution and
the laws as they may be Interpreted or con-
strued by the only authority recognized by
the constitution itself, viz. the Supreme
Court. The decisions or opinions OF the
court may not always be in accordance
with my opinions or my wishes, but /
know OF no other authorized tribunal TO
which can go for information, and when
ever their written opinion Is given upon
''any question OF law" as provided in The
constitution, / consider it my duty and
the duty OF every law-abiding citizen to
respect and obey IL.
Istated the other day, on this floor, as /
have stated before, that the House of Rep
resentatives was legally constituted for
the transaction Oft concurrent business;
: that 90 far as the regular and concurrent
business OF the General Assembly was
concerned, the Senate had nothing 90 do
with the legality or illogality Of the action
of the House in regard 90 tho elections and
qualifications OF It's members. This posi-
tion was practically taken by the Senate
when 1t passsd and sent TO the House for
its concurrence a proposed amendment TO
the constitution, known as tho plurality
amendment ana also, when, pcrcoiying
that there were lrrcconcllanlc differences
between the two Houses, it transmitted
tothe House a joint resolution ofadjourn-
ment OF the General Assembly. And i
take the same ground today, and believe
IL is the only tenabie ground. There is
no dispute upon this point between the
Senator from Providence and myself.
But in so doing, did not then, nor do
now, admit for an instant shat either
the Senate or the House has any right,
under the constitution and laws OF this
State, 20 change its membership in a
manner contrary 10 tho provisions OF the
constitution and the laws framed i'm pur b.
suanco thereof, for the purpose OF chang
ing the membership and political char
ecter OF the Grand Committee in order 90
elect officers who were not elected by the
people, OF Tor any other purpose what
ever.
What were the circumstances under
which the Republican members of This
SENATE declined 10 90 into Grand Commit
Tee with the House of Representatives for
the purpose Of counting and declaring { hu
vote for general officers which had been
cast on the 6rst Wednesday OF April pre-
ccding, and completing the election n it
shOuld BE- found that no person had re-
IH "A.