Los Angeles herald., 1909-12-09
The American Congress
XVII-Tf9 Power of Committe ON Rules
Bv Frederic j. Haskin
= Bv Frederic j. Haskin

| providing that 1t shall be. considered at
| once, that ii shall not be open to
amendment, and that it shall be or
dered to its final passage without the
opportunity of effective objections from
any one. That was done in case of the
act relating to the restoration of the
negro soldiers in the Brownsville case.
The house leaders Knew it was a ques-
tion 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 1t through
from it's reception to it's passage with
out 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 committee on rules can set this
completely aside If the majority sus-
tains it, When the house office build
ing was legislated into existence the
item authorizing 1t was brought in on
the sundry civil appropriation bill 1t
was knocked out on a point of order
that it was new legislation. Then the
rules committee got busy and framed
special rule making it in order to
consider the amendment, even though
1t was new legislation. And 1t went
through.
a study of the evolution of the COM
mittee on rules throws an interesting
sidelight on the development of Amer
lean legislative practice as typifed by
house procedure. There has been a
committee on rules since the beginning
of the first congress. But at first 1t
was merely a select committee which
reported a set of rules at the begin
ming of congress. In 1S41 it was per-
mitted to bring I'm reports "piecemeal."
thus laying the foundation for one of
its strongest parliamentary privileges.
The speaker was not a member of the
committee until 1858, when, under a
suspension of the rules, he was in
cluded in a committee to report new
rules. The right of the committee to
report "piecemeal" i'm 1S41 was made
the subject of a point of order, but
Speaker White overruled 1t and was
sustained upon an appeal from his de-
cision
Under the early rules of the house
II was the usage to suspend the rules
by majority vote. upon n days no
tice. But this gave the majority too
much power when it was made up OF
the minority and insurgents. so safety
for the permanent majority was
sought in the committee on rules. But
this committee never reached any
thing resembling its present power
until 1880, when the rules of tho, house
were revised. This revision was made
by the greatest committee on rules the
house has ever seen. It's chairman was
Speaker Randall, and its other mem
bers We're Alexander 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 Maine, now and
for many years past president pro
tempore of the senate.
Even as late as 1876 the right TO re-
port special rules was so little used
that there was doubt as to the validity
Of action taken under such rules un-
less confirmed by\a two-thirds vote.
Ben Butler that year moved to instruct
the committee on rules to bring in a
special rule against dilatory motions
on the civil rights BILL to be adopted
by majority vote. James A. Gar
1eld reported the rule on behalf of the
committee on rules. Blaine was
speaker. While he professed TO believe
hat the committee had a right to
BRING in a special rule and have II
passed by a majority vote. he was
'areful to announce in declaring il
,arried that it received more than a
vote.
In 1891 the committee received an ad-
iitional grant of power the right to re-
lort at any time. and in 1898 a still
urther grant in the shape of the right
o sit while the house is in session.
As it has multiplied it's powers the
Use Of the parliamentary expedient of
uspending the rules to pass a meas
Ire. under two-thirds vote, has
argely ceased.
The committee on rules is a standing
organization that can give the house
ules or no rules, just as the majority
'arty leaders may desire. 1t can tear
ut every fortress that screens the
minority in an instant If 1t thinks
lolitical eXigencies require it; and on
he other hand. If its friends are tenn
orarily worsted II can afford them
very shelter they desire. 1t can prac-
Ice the principle that might makes
light when 1t possesses the might, and
egislatively deny that principle when
light rests in the camp of the other
lde. If 1t shall lose battle this ses-
ion 1t will sustain its first important
efeat.
TomorrOw-The American Congress
VIII. Great Speakership Fights.