New-York tribune., 1909-01-09
A SHOT FROM SENATE
CulbersOn's Tennessee Coal and Iron
Resolution Ad0pted.
IFrom The Tribune Bureau.l

| woebington Ian S-The Senate to-day by a
! viva voce vote passed Mr.. Culberson's resolu-
! ton instructing the Committee on the Judiciary
! 70 report to the Senate whether the President
| was authorized to permit the absorption OF the
| Tennessee Coal and Iron Company by the United
| States Steel Corporation
| Preceding that action Senator Hopkins, basing
| his objection on the ground that the President
did not approve the act of the Steel Corporation
in absorbing the Tennessee Coal and Iron Com
many moved TO Law the Culberson resolution on
tho table as soon as il was called up by the
| Texas Senator to-day On that motion the vote
was Il ayes and AZ noes, the ayes being oeha-
tors Burkett Carter, Cummins, Curtis Dl1oh'
Du Pont. Depew, Hopkins. Kean, McCumoer'
Platt. Penrose. Richardson and Warner.
All the Senators voting TO lay the resolution
| on the table were Republicans. and OF the IorlS
seven votes against that motion twenty -O'
were cast by Democrats and twenty-s& pS ne
| nIblicans AS soon as this test vote was an
,noed 41r Culberson moved the adoption OF
his resolution, and it was adopted no ui' ''''Oi
being called for.
| The fact that Senator Hopkins's motion was
defeated as the result OF the activity OF Senator
aidrich was construed by the uniformed 10 III
dicate another attack on the President Ieu OS
the senior Senator from Rhode lsldllu'
fact is that Mr.. Aldrich believed the auoP''0
| or tho CuIherson resolution and Its consequent
permanent interment in the Committee on the 'u
dietary afforded the simplest method OF aiSpos-
i,e, of troublesome question and of effectively
rouzzIins the irate Democratic Leader anu HIS
colleagues. With such resolution before the
Judiciary Committee discussion will be consid-
cred out of order, while the expression "as carry
az NAV he practicable" affords ample latitude
for the committee to postpone perpetually hnd-
ing that it is practicable.
1t is characteristic of the Democrats, and espe-
ciaIy of their leader, that they never Stoppeu
to reflect that it is contrary to all precedent Lcl
the Senate 10 prejudge the course OF the Exec-
utive and that this entire subject was thrasheo
out in open session as recently as when senator
Foraker introduced his original Brownsville res
oIutfon by which he sought to have the Military
Affairs Committee empowered to pass upon the
constitutionaIty of the Presidents act in dis
charging the soldiers of the 25th Infantry.
The Constitution imposes upon the Senate the
resDonsibilitv Of sitting as a court in judgment
Of anv act of the Executive which may be made
the basis of irnpea chrnent by the House, ard
the Senate has invariably maintained that De-
cause it might at any time be called on 10 eKer-
else it's judicial function it was without ltS
nrovince in the absence of formal impeachment
proceedings, to pass any act or the EAecu-
tive 1t has held that to do so would be TO
sacrifice its judicial attitude and thus render
itself unfit to perform the responsibilities i'm
posed on it by the Constitution should the
House deem il necessary TO bring in articles Of
impeachment for the act which the Senate hai
prejudged II is the frequent comment of the
Senate leaders that while the Democrats
invariably citing the Constitution for partisan
purposes they are the first to attempt to Tio-
late its letter and spirit when aroused to indig-
nation