The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-02-15
BRANTLEY'S STRONG
SPEECH AS QUOTED BY
CONGRESSIONAL RECORD

thought proper to do so, and for that
reason we merely came here for the
purCose CT informing the house and
getting the advice and consent Of thu
house" (Applause.)
Mr.. Brantley--"Now, Mr.. Speaker, II
seems to me, if can have the atten-
ton of the house, that can state the
reasons that influenced and controlled
the majority of this committee so
clearly that no member of the house
will have any hesitancy In reaching
a conclusion on one side or the other
of the proposition.
Il apprehend, in the first place, that
we are all in accord on this PROPOSE
tion-that the acts of this joint com
'mittee here arc either legislative or
executive. l take 1t that no one will
question the soundness Of the PROPOSE
ton that these acts are one or the
other-either they are legislative or
they are executive. I think we can all
agree still further that, if the acts
of this committee are legislative, the
court has no jurisdiction to control
them, and l think We can all agree
further that, if the acts are exclus-
tive, the court can control them.
''Mr. Speaker, are these acts legis-
lattve or executive? This afternoon
l called the attention of the house to
the rules of this body, which, not
withstanding what some gentlemen
have stated, nowhere create a joint
committee on printing. The rules of
the house, while providing for the ap-
pointment of a house committee Of
three on printing, recognize the exis-
tence of joint committee on printing.
When we come to investigate how this
joint committee on printing exists, we
find that it exists under law. Now,
your committee did not want to de-
termine In advance of judicial hear
ing the status of the members of this
committee, but We wanted to go suf-
ficiently far to show that there was
at least such question as to the acts
of this committee being legislative or
executive as authorized the courts to
pass upon the question. 1t is true,
and it cannot be gainsaid, that this
committee exists by law.
Mr. Speaker, in addition to what
I stated this afternoon"
Mr.. Parker-"Mr. Speaker, may
interrupt the gentleman a nloment?"
The Speaker--"Dces the gentleman
yield?"
Mr.. Brantley-'T presume I will
have to yield to the chairman of my
committee"
Mr.. Parker-"Only a moment de-
sire to ask the gentleman if the rules
do not provide in the following words:
Also the following joint standing com
mittees, viz: On the Library, to con-
sist' of five members; On Printing, to
consist of three members
Mr.. Brantley-"What rule is that?"
Mr.. Parker-"Rule X"
Mr.. Brantley--"M Speaker, will
answer my distinguished friend by an
authority that this house, since have
been a member of it, has recognized
without dissent l have before me
the publication that this house au-
thorized to be prepared for its gaid-
ance in parliamentary law. l hav"
the compilation as prepared by the
parliamentarian of this house, Mr..
Kinds, and in answer to my friend
from New Jersey, who construes the
rules and the law for himself, quote
Mr. Kinds construction on the prop
9sition t.lat is before the house. He
says, in Dlack type, on page S45 of
volume of Kinds Precedents of the
House of Representatives, this: The
joint committee en printing, while
recognized by the rules, was created
by the statutes He also says, in an
swer to the question as to whether the
duties of this committee are legisla-
tive or executive, and this is in black
type: The joint committee on print
ing has executive duties conferred by
statute When we come to read the
history OF this committee we find that
AZ IL 81 NiCotCO W a. low 80 i'hN'
Then there was a law In 1852 that
provided fer the election BY each
house of a public printer. and contin-
ued the joint committee on pubic
printing Mr.. Kinds says: The Joint
committee on printing is therefore
created by law instead of by any
joint rule OF the two houses, although
its existence Is recognized In the rule
OF the house defining its jurisdIction.'
When we come to the language point
ing out the duties OF this committee,
We find 1t stated that they are given
:" general supervision OF the
printing: the procuring of paper of
suitable standards and approval OF
contracts therefor
Some gentlemen have been con-
fused In this way; they seem to think
that because the law creating
this committee says that the qualiti-
cation fer membership on It shall be
membership In the house or In the
senate, that therefore the acts ct
these members as performed ere The
acts OF the house and of the senate.