Los Angeles herald., 1909-12-06

IEslEE7HulI was NiGOTB6 w WdShihS tViA WIZ
sta FSiI said that the senate is the
~ Ell saucer in which the tea of
M M the house brew is cooled Not
ES SI only is that body fitted for such
eYEt1I q purpose by the character given
it by the fathers, but by the
nature of its own rules of procedure
as we'll. With it's members elected for
a term of three times as long as
that of a representative, and limited
to two from each state, the constitu-
tion intended 1t to be body in which
thought and deliberation would be as
sured. While there has been tendency
toward concentrated one-man power in
the house, in the senate any one of
the entire membership may have an
opportunity to discuss and propose
legislation.
There are many differences in the
procedure Of the senate and the house.
Not only is it possible for the house
to cut off debate on any subject at
any time, by ordering the previous
question, but it can abate the right to
offer amendments, thus giving the
organization measure clear track
from the committee to the senate. In
the senate the right to offer amend
ments can be denied to no senator,
and debate cannot be ended until
every senator has been heard. 1t is
true that these rules theoretically do
give to the individual senator a vast
power, and they theoretically justify
the assertion of Speaker Cannon that
the senate legislates by an everybody
willing" method, but as matter of
fact it is an unwritten law that they
are to be taken advantage of only
upon extraordinary occasions.
How faithfully this unwritten law
has been observed is shown by the
fact that however angry the majority
much IL
smarts under such restraint, after IL is
all over there is no effort to change
the rules which permit a filibuster. The
very men who complain most when
their projects are held up by a fill
buster are the first to resort to 1t
and to defend it when they are in the
minority.
Many efforts have been made to cut
off the right of unlimited debate in the
senate. Henry Clay advocated the
when the subtreasury bill of 1S41 was
pending, and he made q strenuous fight
for that parliamentary principle. But
the senate would have none of 1t.
Again in 1850 stephen A. Douglas cap
tanned the forces who would have
changed the most characteristic rule
of the senate. Again in 1870 there
that had then obtained for nearly
century. Hannibal Hamlin and Henry
A Wheeler were the leaders of the
movement. Many times since then
there have been efforts of greater or
less proportions to make the senate
minority amenable to the previous
question gag, and even Senator Allison
favored the adoption of a mild cloture
rule.
But even If the majority did decide
to change this great rule of senate
procedure, 1t would be difficult to ac-
complish the purpose, for there would
be such a determined minority against
1t that they could stretch the fight out
so long that even large majority
rule into the organic law of the
senate. The senate would have the
right of unlimited debate on the motion
to adopt cloture rule.
The rules of the senate differ in
many essentials from those of the
house and in other ways than with
respect to unlimited debate. The prac-
tice of counting a quorum in the sem
ate differs from that in the house.
In the senate a quorum is counted as
of those present and voting, when a
vote is taken. There may be dozen
senators present who are paired on a
measure and who do not, therefore,
vote on the pending question. Yet
their votes may be essential TO make
a quorum for passing the pending mo-
tion. Thus is presented the anomaly
of a quorum present for the consider
alton of bill, but not for its passage,
The men present and not voting help
make a quorum for debate, but not
for voting.
The senate differs from the house in
the character Of its presiding officer,
except when he Is a president pro tenn
pore selected because of the death of
the vice president or his promotion to
the presidency. The house elects its
presiding officer and the nation elects
that of the senate. The presiding Off
Ger of the senate is that and nothing
more. He cannot name the standing
committees of the senate, the choice
of recognition does not lie in him, and
he has practically no hand in direct
ing the business of the senate. The