The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-12
THE Wsa REVENUE BILL.
4 ConferenceAsreed 10 on the Meas
by the House.


The House OF Representatives engaged
in a discussion yesterday OF the consti-
tuiional right of the Senate to enact a
substitute for a revenue bill.
Directly after the reading Of the journal
Mr. Payne, Chairman Of the Committee on
Ways and Means. reported back from that
committee the bill to reduce war rev.
enue He sent to the clerks desk res
olution that the House disagree to the
Senate substitute and ask for a confer
ence The Speaker put the question on
the first part of the resolution that the
House disagree to the Senate substitute.
and the question was determined Ia the
affirmative When the Speaker was about
TO put the question on the second propo-
sition of the resolution that The House
ask for a conference with the Senate, Mr.
Tawney raised a point of order. HIS po
sition was that the bill which had come
back from the Senate is a substitute for
revenue bill. This substitute being in it,
self revenue measure, and having orig
mated i'll the Senate. vas therefore un-
constitutional The House, to ask for a
conference. would become a party to the
Mr.. Richardson Of Tennessee and Mr.
Bailey of Texas contended that tho point
of order had come too late, consideration
of the Senate substitute having been en-
tered upon. They also contended that a
point of order would not lie against any
proposition on constitutional grounds, as
the Speaker was not authorized to pass
upon the constitutionality of questions
arising in Congress.
was an amendment of the House bill. and
no matter how Objectionable it might be
it was still within the rule Of the House.
He thought point of order would not
lie.
Mr. Grow OF Pennsylvania. speaking 10
the point of order, said that the Speaker
could not be called upon to determine
the constitutionality OF the action of the
Senate. The Constitution gives to the Sen
ate the right to alter and amend revenue
bills coming from the House the same as
other bills"
Mr.. Dslzel said the point Of order on
the constitu;onality Of a question was not
one which could be determined by the
Speaker of the House OF Repres ntatiyes.
but he said he would like to put himself on
record az believing that the substitution of
Senate revenue bills for House revenue
bills was an infringement of the constitu-
uonaI preioSallNS OF tEe House.
Mr.. Bailey Of Texas said that il the Sem
ate had originated a revenue measure, the
fault could not be reached by a point Of
order The redress Of the House would be
TO adopt a resolution returning the offend
ing bill to the Senate with the declarat lion
that the Senate had transcribed its con-
stitutional authority.
MIR Bailey and Mr. Moody engaged in
controversy as TO the distinction between
a substitute bill and 4 bill so amended as
to be a new bill in all excepting the enact
ing clause
Speaker Honcdrson ruled that the Speak
er could not determine Il question as to
whether the Senate had transcendad its
power under the Constitution This was
a question which the Houae must for itself
determine. Tho second part of Mr. Payne
resolution. that the House ask for a con-
ference, was therefore before the House.
Mr.. Payne moved the previous question.