Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-20

Dy MOTION anu vote: II slEnpi! 81! -.
must be read, before q senator is oDlig-
ed TO vote upon it,
I think it is well recognized, here as
elsewhere, that legislative bodies can
not consider any question before them,
unless il is presented by motion ana
then determined by n vote That Is the
only question before the Senate at the
present time. Whether We can now
take from the table without q motion
10 reconsider. and every one recognizes
that motion TO reconsider at this time
would De a nullity, If you can take
that from the table now, and arbitra-
rily place il before this body 10 accom-
plish result. That is all there IS 70
me question As we'll might the Presi-
dent Of this Senate, in q court OF JUS
tic ask to take of the statute o. linz
IatioIl, because by neglect, an indlVid-
ual had allowed six years or more 70
elapse on an account or note WHICH
he had against an Individual.
The only question before US is this:
Whether The President By this arbI-
trary ruling shall overturn the esta5-
lishcd rules of practice in all legislative
Assem- blies and especially in this leg
Iislative assembly which invokes the au-
tnority upon which il rests, Reed ;
Rules and Gushing Manual.
l trust that the Senate will sustain
the appeal from the Chair I believe the
ruling is unfounded in good parliament
tary practice. I do not believe that
Asher Kinds understood. or had before
him, the rules Of this Senate or the
facts, as they should have been,
~ -, ~ I no
liev4 that. If Asher Kinds sat in that
chair. he would sustain the position
that l am here advocating. II is our
desire TO take advantage Of the neglect
of our opponents in their parliamentary
procedure in this ma tier. They took
their OWN position: and if, by neglect.
they have lost their rights, they should
abide by the results: and not ask US,
| senators. at this time 10 60 away from
The established rules Of this Senate and
the Legislature assemblies here for the
purpose Of giving them an opportunity
10 carry forward thei" measure.
Mr.. MERRILL of Cumberland-Mr.
| Pr sidert, think that the senator from
ktrnebec is hardly fair in his state
| nlent OF the case Il he will read rule
3. ne will see that the rules OF parlia-
mentary. practice comprised in Reeds
rules and Cushing's law and practice of
! legislative assemblies shall govern the
| Senate il all cases 10 which they are
applicable. in which they are not in
consistent with the stending rules.
Now the rule which IL refers 10 in
| CUShing's manual related TO the Eng
| lish Parliament. and as l understand
| il there was no rule governing the sub
| ject in the English Parliament He
| says We do not wish to set aside all
| the practice of legislative assemblies.
and 50 forth, and yet in the breath be-
| fore ne said that the practice Of Con-
gress had nothing to do with it, Now
If he Will look also at rule Il he will
| s@e that every paper shall be once read
| at thu table before any senator shall
be obliged TO vote on il.
| Now what was thu course that the
! matter took Oh Friday? The senator
| made motion that the bill be given
its first reading. That motion was
| defeated. Then Immediately he made
! the motion that the bill be Indefinitely
\ postponed. Now if his contention is
correct at the present day. what could
/ L
! the bill be indefinitely postponedo At
ter considerable discussion that motion
! was defeated, showing very plainly
| that il was the intention OF the Senate
! that The bill should be refused its read
/ ing, by the first motion at that time.
/ ! here can be no other thing which
you can decide which would Be con-
/ sistent with the procedure right
through; for. subsequently to that, the
4 Dill was laid on the table and assigned
for day certain.
| Now gentlemen it seems to me that
! this IS q very simple subject do not
J believe that any senator here thinks
/ that il was the intention Of the Senate
% settle that bill one way or the other:
! but IN all fairness that it should come
! UP on Tuesday AMI then should be de-
| cided BY the Senate one way or tie
other as in its judgment seemed best.
The ruling Of The President seems
! 10 me 10 be based not only the best
authority. but also TO be fair and
square, giving every senator chance
| such as he should have On this matter.
Mt. PARkHCRST Of Pcnobscot: Mr..
President, The Senate will, | trust. hear
! 1890 go a ! ~ SJIIle extent TeIr2Ct-
the steps already 50 carefully taken by-
| The senator from kennabec. for il is
| necessary for me To do 50 in order -
lay before the Senate my understand
ing Of this ruling. and my reasons for
believing that it does not give effect 10
our procedure.
| At the moment. the question involves
two principles: First. whether a motion
is required for the progressive advance
inent Of an act Of legislation; second.
whether that motion. having been DE-
Med. 1t III effect diSposes vi the Lii I'M
less il be reconsdeled within the pre-
scribed time. or sent back To this Bod "
from the House Of Representatives
To the first principle. that a motion
IS required for progress. beg ID sub
nit the following reasons:
| Legislative practice necessarily
throws safeguards around ana against
TASTY legislation. Those safeguards re-
quire proposed legislation 10 pass
through several distinct stages. In our
practice which has been established bv
the rule which has been quoted here