Omaha daily bee., 1909-12-10

that # shall be ordered to its final passage
without the opportunity Of effective OBJ
lection from anyone. That was done in
the case Of the act relating to the r~estora-
ton Of the negro soldiers in the Browns
VILE case. The house leaders knew It was
a question loaded with dynamite. and that
they had to rush It through or there
might be an explosion in the house. SO
they chartered a legislative through freight
to carry it, rushing II through from its
reception TO its passage without a single
stop for anything.
There is a provision in the rules Of the
house that no new legislation can be Added
to an appropriation bill. Yet the commit
tee on rules can set this completely aside
IL the majority sustains It. When the
house office building was legislated into
existence the item authorizing it was
brought in on the sundry civil appropria-
tion bill. 1t was knocked out on a point
Of order that Il was new legislation. Then
the rules committee got busy and framed
a special rule making It in order to con-
slider the amendment even though 1t was
new legislation. And 1t went through.
A study Of the evolution OF the commit
tee on rules throws an interesting sidelight
on the utNtAbDiltllN VI AAACl AGdl ltEAsld-
tive practice as typified by house proce-
dure. There has been a COMMITTEES on rules
since the beginning Of the first congress.
But at first it was merely a select commit
tee which reported a set Of rules at the
beginning of a congress. In 1S1 it was
permitted to bring in reports "piecemeal,'
thus laying the foundation for one Of it's
strongest parliamentary privileges. The
-aa,tr.r MA not a unaunhan 81 fha nj nit
tee until 1858. when, under a suspension
Of the rules he was included in a commit
tee to report new rules. The right Of the
committee to report "piecemear' in 1871
was made the subject of a point Of order.
but Speaker White overruled it and was
sustained upon an appeal from his decision.
Under the early rules Of the house it
was the usage to suspend the rules by a
majority vote upon a days notice. But
this gave the majority tov much power
when It was made up of the minority and
insurgents, SO safety for the permanent
majority was sought in the m on
rules. But this committee never reached
anything resembling its present power un-
I'll 1850, when the rules OF the house were
revised. This revision was made by the
greatest committee OIL rules the house has
ever seen. Its chairman was Speaker Ran
dali and its other members were: Alex
ander II. stephens Of Georgia, who had
been vice president Of the Confederate
States OF America; 10 c. S. Blackburn Of
Kentucky, who has just retired from the
governorship of the canal zone; James A.
Garfield of Ohio, who was soon to be
elected president of the United States, and
William p. Frye Of MaiAe, now, and for
many years past, president pro tempore OF
the\ senate.
Even as late as 1876 the right to repor
special rules was so little used that there
was doubt as to the validity of actor
taken under such rules unless confirmed
by a two-thirds vote. Ben Butler that veal
moved to Instruct the committee on rulei
to bring in a special rule against dilatory
motions on the civil rights bill, to b.
adopted by a majority4vote. James A. Gar
field reported the rule on behalf of = tn,
committee on rules. dBlRine was speaker
While he professed tosbNlieye that theacom
mittee had a right 6sbring in a specia
rule and have/it passed by a majority vote
he was careful to announce in declaring
it carried that it received more than
two-thirds vote. f On
In 1891 the committee received an add
tional grant of power, the right, to repor
at any llnlt, anu ia 1919 u sui luIIhel
grant in the shape Of the right to sit Will,
the house is in session. AS it has multi
piled it's powers the use Of the parlia
mentary expedient OF ~suspending the rules
to pass a measure under a two-thirds YOU
has largely ceased.
The committee on rules is a standing or
ganization hat can give the house rule!
or no rules, just as the majority party lead
ers may desire. 1t can tear out every
fortress that screens the minority in al
instant il it thinks political exlgencies re
quire it; and, on the other hand, IL IT.
friends are temporarily worsted it can af
ford than every shelter they desire. 1
can practice the principle that might makes
right when it possesses the might, and leg
islatively deny that principle when Nigh
rests in the camp Of the other side. II 4
shall lose a battle this session it will sus
tain its first important defeat.
FREDERIC ]. HAsKm.
Fomor=ow-THE AMERICAN CON,
GREssi Great spsakerHhip Fights.