The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-28
FRYE'S RULING

w dSnluSLOu reports tuaL the Seuale SuD-
committee Of the committee on privileges
and elections concluded yesterday to rec
cmmend that the two South Carolina SEN
ators be severely, censured for their late
display Of lawessness on the floor of the
senate chamber. This Limitation Of pun
ishment to censure is, of course, not an
adequate rebuke to these offenders. They
went TO the extreme of disorderly con-
duct. They will take severe censure with
composure. A mere censure makes an
other desperate personal collision posi-
BILE. Such limitation OF punishment is
eXcusable only because a blockade of pub
lie business will result from a prolonged
debate which is proposed by the demo-
cratic senators if the majority bring to
the front a resolution Of suspension.
With reference to the order of suspen-
sion given by the presiding officer Of the
senate, Mr.. Frye, the democrats contend
that such action, suspending and bring
ing Tillman and McLaurin in contempt
of the senate, was arbitrary and uncon-
stitutionai, and that tt Is denial to
South Carolina Of it's equal suffrage in
the federal senate. Senator Nelson, when
presiding in the senate Saturday night,
very properly contended that the senate
has a perfect right to enforce its own
rules and punish violation thereof, and
offending senators are dealt with lawful
1y as individuals who are bound to pre-
serve decorum, and in declaring these
senators in contempt and refusing to al
low them to vote on the Philippine tariff
bill, the presiding officer was only carry
ing out the order of the senate and pun
ishing them for their bad conduct.
The constitution certainly vests the in
dependent power of internal organiza-
tion in each house of congress by con-
ferring upon each the right to elect its
own officers, determine It's own rules of
discipline and procedure and power to
compel the attendance OF members. The
constitution limits such general powers by
requiring that the vice president shall
preside over the senate; that member
may be expelled by two-thirds major
tty of a quorum in the administration of
the rules of discipline, and that each
house shall keep a record Of it's pro-
ceedings and votes. Thus the senate is
perfectly free, within the above limits, to
make it's own laws relating to its mem
bers. The federal supreme court has de-
cided that the general power to punish
for contempt is in it's nature a judicial
power conferred by the constitution, a
feature being the power to punish it's own
members for disorderly behavior, inhering
In both houses. In the case of Anderson
VS.. Dunn. GU. S. Reports, Wheaton, 2O4)
cited by Professor Burgess in his 'Politi
cal Science and Comparative Constitu-
tional Law the court held that the pun
ishment of members must be confined, in
time, to the session during which the
condemnation occurs and cannot be graver
than Imprisonment during the remainder
of the session. This decision does not
invalidate the constitutional provision
that two-thirds majority of a quorum
may expel a member in the administration
of Fthe rules of discipline. The senate
may imprison member in contempt, and
under such punishment, he cannot vote
or take any part in the proceedings dur
ing the entire session in which the act
which brought him In contempt was com
mitted. The democratic contention that
in such case, state is deprived of its
equal right of suffrage in the senate, is
not admissible, for the senates power
of suspension is judicial and means sus.
pension of all the original right of sena
tors in contempt to participate in legis
lation. So, if senator is imprisoned
under the exercise of its judicial power b,
the senate, as constitutionally permitted
1t would be absurd to credit him with the
functions of legislator during incar
ceration.
i The democrats should by all means
Il take this matter into the courts, as the.
threaten. The late democratic rally il
New York revealed that party gropin,
helplessly in the dark after some issu
~ which they can line up the full
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