The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-03-20


OF Representatives in years has been
anticipated with deeper interest than that
OF which Joseph G. Cannon Invested HIM
self yesterday afternoon in passing upon
the point OF order raised against the now
famous Norris resolution TO amend the
rules of the House.
The proceedings OF the preceding days
had aroused the country 70 a degree OF
expectancy that is only aroused by events
that mark an historical epoch, and when
Speaker Cannon rose in his chair TO break
his long silence every seat upon the floor
was occupied.
- Rapt Attention in House.
Every occupant sat in rapt attention to
a derverance the conclusion OF which
was known to every one In advance.
IN justification OF his having withheld
his ruling for nearly fifty hours. while
condition approaching chaos at times
reigned upon the floor. Speaker Cannon
said:
THE Chair has been somewhat crit
icised because IN this matter he has been
slow to rule But the question which
was brought so unexpectedly upon the
attention of the House, in revolutionary
manner, as It seems 10 the Chair. is Of
such transcendent importance to the fu-
tlire procedure OF the House that the
fullest. even the most protracted discus
sion. seemed justiheble.
In no other manner could the most
complete information be brought TO the
consideration OF the question, and I'm no
other way could the largest participation
of the membership of the House be as
sured.
Question Not Reviewed.
1.-THE question OF constitutional privi-
lsge in this House has not been reviewed
and the principles governing it for the
last thirty years have not. prior to this
week, been questioned in this House for
years. Those principles are relatively
simple. It has been held always that
the ordinary legislative duties and func-
lions Of the House exercised by author
it, OF the Constitution, must proceed ac-
cording to the order prescribed by the
rules.
The fact that the Constitution says
tie House shall have power 10 lay taxes,
regulate commerce, make naturalization
laws, coin money, establish post Offices,
create courts. support armies. and a
navy. SC. has not given these subjects.
when embodied in bills. any right TO dis
tHrb the order of business provided by
the rules. The very object OF the rules
IS to provide an orderly way for consider
Ing those and other subjects entrusted
TO the Houses judgment. To give ali
those subjects constitutional privilege
would be 10 establish constitutional chaos
IN the House
There are. however. certain functions
which the Constitution enjoins on Con-
gress to do. also fixes the time for doing
these things Thus. the clause directing
the disposition OF a bill vetoed by the
President says that the House shall pro-
coed TO consider it. This has always been
understood as meaning that the House
should at once proceed TO some act OF
consideration. And, therefore. it has been
held that no rule should prevent the
House from proceeding 10 this constitu-
tonal duty.
Might BE Doubt.
In like manner. the Constitution
specifies that the Congress shall pro-
vide for a census of population and an
apportionment Of representatives. and
specifies the time when 1t shall do it.
every tenth year Therefore. on the
tenth year. bills TO make the required
provision have been admitted without
regard 10 the requirements of the
rules. Whether that construction pro-
ceeded too far when the Constitution
gave year within which to perform
the duty, is a matter as 10 which there
might be doubt
But for thirty years the practice
was unvarying. and when confronted
with the question this week the Chair
followed the practice Of the House. as
he would obey every other rule. with
out questioning the wisdom that orig
inally created 1t.
To-day, however. the Chair is asked
70 permit a proposition for a new rule
TO come in, although the rules prescribing
the order OF business require US to pro-
coed 20 other matters. and It Is claimed
that the Chair would be justified In do
ing this, because the Constitution says
that each House may determine the
rules Of its proceedings
Whether the word may means shall
or not. the Chair will not stop 10 ex-
anime. The Constitution fixes no time
when it shall be done, and as the House
may, and has in one notable instance,
proceeded without rules, il does not seem
70 the Chair that there IS here given any
constitutional mandate which could JUS
tify the overriding OF the rules.
Referred To Randall.
Fortunately in this crisis the Chair
is not compelled to rely on his own iudg-
ment. swayed as he might be by the
passions and purposes Of this hour He
can look back 70 another hour when in
day Of calm the navigators who steere5
the business OF this House took theil
latitude and longitude unembarrassed by
The eNigeneies OF tempest.
The pathway OF the Chair has beer
hlszed not by any flushed majority in
a moment OF faetional success. not for
any ends OF one political party as op-
posed 10 the wishes OF another politica
party. not under auspices which preju.
dice the Chair because OF memories 81
political affiliations " his own. but OF
a question OF order raised by a greai
Democratic floor leader of this Houss
and decided by a great Democratic
Speaker.
"On December J2, 1873. this identical
question arose in the House. Mr.. Roger
. Mills Of Texas. proposed as a ques-
lion OF constitutional privilege. exactly
as Is proposed to-day. 10 offer from the
floor for immediate consideration a prop
osition looking TO The amendment OF the
rules And when objection was made. as