The Washington herald., 1909-03-08
A Senate Precedent Fractured

Senator Depew's joint resolution for
constitutional amendment changing the
date Of Inauguration created some stir
among the sticklers for Senatorial proprie-
les. Mr.. Lodge at once declared that It
had never been the practice at a special
session OF the Senate to introduce general
business 10 which the assent Of both
Houses Is required. and the veteran Mr.
cullOm asserted that the Depew resolu-
ion should not have been introduced at
= special session. Nevertheless, the reso-
ution was referred 10 the Committee on
Privileges and Elections, and is therefore
regularly before the Senate. whatever the
Practice Of that body may have been
heretofore.
Mr.. Lodge subsequently had inserted in
he Record the precedents Of the Senate
respecting the initiation Of legislation at
special session. These were discussed
"a length at the special sessions Of the
senate convened in March Of 1893 and 1901
n both instances as Mr.. Lodge said. a
number Of Senators argued that the Sen
ate' when convened in special session.
possessed all the rights to legislate which
Z possessed when both Houses were as
sembled, but the precedents based on the
0ontrary view were followed. and legis-
,ative business was not introduced at
either session. This view Of the IegisIa-
i've Incompetence OF the Senate when
sitting alone was carried so far in our
earlier history that petitions were ruled
Out OF order Senator German, Of Mary
and. reviewing the preeedents, said, in
1898, that he had been unable 70 find a
single instance in which a bill. a Joint
resolution. or any matter requiring the
concurrent action Of the House Of Repre-
sentatives has ever been presented or re-
ceived, with a single exception. in which
4 concurrent resolution offered was OBJ
jected to and modified so as to make it a
simple Senate resolution.
But a precedent can be unmade as well
as made. The Senate has abandoned the
narrow restriction Of its powers which de-
elined 10 receive petitions and memorials.
and Senator Depew appears 10 have shat
tered another venerable tradition by the
introduction OF a joint resolution to amend
the Constitution. thus initiating al a spe-
eial session legislation of the highest
order OF Importance The matter is
largely a question Of utility and propriety,
10 be determined by the exigencies of
public business The late Senator PIatt.
Of Connecticut, expressed sensible opin-
ion when he said in March, 1889:
Tt would seem 10 Be- somewhat futile 20 pass
bills because the other House is not in session so
that we can send them 10 the other House; but if
il thought best in order 10 facilitate the bust
ness Of the coming session. believe that we could
Tass bills and send them to the other House when
it shah Ee convened next December in regular ses-
sion. and have never understood that any settle
meut # this question has ever been made which in
any way limited the right Of the Senate 10 trans
act any business IN this session which il could
transact in regular session
4 the Senate has declined to enter on
legislative business at special sessions.
doubtless the members have been moved
by the lack Of any particular advantage
in doing so. as much as by the theory
that the Senate sitting alone is stripped
Of those constitutional functions which II
may exercise only in conjunction with the
other House. Senator Depew's object in
introducing his resolution at this session
was to secure expeditions action. and
there is no reason why that object should
not be attained