Evening star., 1901-02-11
THE HOUSE.

The desk of Representative Albert ID.
Shaw of New York. late commander-in-
chief of the G A. r.. who died suddenly
Sunday morning of apoplexy, was draped
in black and covered with azaleas and roses
when the House met today The chaplain
In his invocation referred feelingly to Cen
eral Shaw's death Owing to the extreme
pressure of the public business 1t was de-
cided by the House leaders that it would
be inexpedient to adjourn Immediately out
of respect to his memory. Immediately
after the reading of the journal, Mr. Payne,
chairman of the committee on ways ana
means. by the direction of the committee.
reported back the war revenue act as as
amended by the Senate and moved the
adoption of a resolution Ito disagree 10
the substitute proposed by the Senate as
an amendment thereto and ask Tor con-
ference"
MIR. Tawney (Minn0 a member of the
ways and means committee. asked for di-
vision of the proposition so as to vote sep
arately upon disagreement and the request
for a conference. This was agreed to and
the Hous without division, voted to dis
agree TO the substitute. The main ques-
ton was then precipitated by MI IaWhey,
The House, he said had just voted 10 diS-
agree to a substitute for n revenue bill,
which substitute had originated in the
Senate
Constitutional Violation Claimed.
Under the Constitution, he insisted, the
Senate had no power to originate revenue
legislation. and he made the point of order
that the House could not ask for a confer
cnce upon a measure originating in the
upper house of Congress. contrary to the
Constitution. without becoming a party to
the violation made by the Senate and with
out waving its constitutional privilege 10
originate revenue legislation He declared
that the Speaker had no right TO entertain
motion to ask for conference on the
I.,.t tt,a.C r
ney spoke in impassioned tones and ms
words brought several republicans to their
feet.
Mr. Hopkins interrupted Mr.. Tawney to
declare that in his opinion the Constitution
had not been violated. In effect the Sen
ate's proposition only an amendment:
Mr. Tawney cited Webster in support OF
his contention that the House had the ex,
elusive right to originate money bills ana
that the Senate's power was limited 10
altering amending Ii.
Distinction without Difference.
Mr. Richardson (Tenn) made the point
that Mr.. Tawney's point of order came too
late, the House already having considered
the Senate substitute by deciding TO nom
concur IN 1t.
Mr.. Tawney-'Does the bill which the
Senate sent back here contain a single line
of the original bill which passed this
HOuse?''
Mr.. Richardson-''No."
Mr. Tawney-"Is not the Senate amend
ments in fact substituted"
Mr. Richardson-''Wh is the difference
between a substitute and an amendment?
Mr.. Tawney-"The difference is defined In
every dictionary. An amendment IS a mod
ification; a substitute takes the place Of
whatever it is offered for
Mr.. RichardSon-'I do not ask for an
academic definition of the difference, but
the difference in parliamentary sense. L
contend there is none.
After further discussion the Speaker over
ruled Mr.. Tawney's point of order that the
House could not constitutionally consider
the Senate amendments to the revenue re-
duction bill.
tained, whether the House had considered
II a second or a week. If the point would
lie 1t should have baen made before the
House considered the Senate substitute.
Mr.. PAYNE. chairman of the ways and
means committee. pointed out that every
item in the Senate substitute would have
been germane Individual amendment
to the original House bill, but he said the
point of Mr.. Tawney could not be made in
parliamentary practice. That question was
one for the cOnsciences of members, not for
the Speaker TO decide.
Applause for MIR. DaIzeII.
Mr.. Grow Pa). the venerable ex-Speaker
of the House. took the same view, did
Mr.. Dalzel (Pa). The latter said the ques-
tion of whether the prerogatives of the
House had been infringed was to be deter
mined by the House itself.
When Mr. Dalzell. however, declared that
in his opinion the Senate substitute was a
violation OF the Constitution, his statement
was received with an outburst of applause
on the republican side. 1t was the idea
Of the fathers, he said. that the peoples
representatives should decide the question
of taxation 1t not that two senators
from state which had less population
than his district should have an equal voice
with New York or Pennsylvania in laying
Oh .Nft tIH
IT, by proper methods, he declared, in con-
clusion, il was desired to test the right of
the Senate against that of the House, he
would be on the side of the House pro
l0nged applause)
Mr.. Bailey tTexD cuntended that the
proper method of procedure. if the House
desired to protest against the Senate's
uon, would have been to return the bill
to the Senate with the declaration that it
had transcribed its power
Speaker Henderson's Ruling.
Speaker Henderson at this point declared
he was ready to rule. Two points of order,
he said were before the House. First. the
constitutionality of the Senate's actions;
second. the point that the point of order
came too late. As to the latter he decided
that if the point could be made at all it
could be made at any time AS to the for
mer. he said. IT had been decided again and
again that the question was for the
House, not the Speaker, to decide. He there
iOit ONfIlulSu tut Bblut pI OTutE. MS lGIt
the question as to whether the House
should ask for n conference before the
House. The Speaker decided 1t was debat-
able.
Mr.. Mccall (Mass), a member of the
ways and means committee, said his chief
objection to the Senate bill was not that it
further reduced the taxes upon beer and
tobacco and gave all the relief to three or
four industries, but that in passing il the
Senate was acting outside the Constitution.
a reading of the debates in the constitu-
LonaI convention and the long struggle In
Great Britain over the exercise of the
power OF taxation, he said left no DOUBT
tnat the Senats's action was usurpation
OF power. This. he said, was not a techni-
cal but broad question OF political power
MI Richardson tTenn) spoke of the need
OF getting away from technicalities and of
considering the broad merits Of the situa-
tlon The people Were groaning under the
ioad OF millions of war taxation. Congress
had attempted to take off a part of this
enormous burden. Now. just as this relief
was about to be realized, fine-drawn con-
stltutional and parliamentary issue was
raised II the objection prevailed then the
friends of high taxation would rejoice for
by technicality they would have sus
pended the reduction OF taxation in mid-air
between the two houses