The Birmingham age-herald., 1911-01-17
CANNON IS DOWNEO AGAIN IN THE HOUSE Appeal From the Chair Is Sus-
 tained By Vote NEW RULE NOW STICKS Speaker Cannon Tries to Enforce the old Rule Against a Member
 But He Loses In the
 Appeal
NEW RULE NOW STICKS

StcuCS VI tic ldSl SSSslOl Ol congress, when the House overthrow Speaker Can non and took the making of it's rules into it's own hands were re-enacted in part on the floor Of the House today Threatened with what they believed to be an effort to draw the teeth of one of the most i'm portant of the rules, democrats and in surgents joined in the defeat of the speaker. By vote of 145 to 126, the combined forces rallied to the support of Representative Fitzgerald (democraD of New York and sustained him in his ap- peal from the speakers ruling. The fight developed as the result of the second attempt to use the new rule which gives the House power to discharge a committee from further consideration of d bill that has been referred to it. The insurgents and the democrats believed this rule was ironclad; that as soon as the consideration of bills by unanimous consent had been concluded on every first and third Monday of the month the House was bound by the new rule to take up the motions to discharge committees from the custody of the specified bills When the moment arrived today, how ever, Speaker Cannon gave recognition to Representative Hull of Iowa, chair man of the military affairs committee MT. Hull moved that the House resolve itself into a committee of the whole and take up the consideration of the military appropriation bill, upNn which 1t had been working last week.
 RaIIying of Forces
 There was an immediate rallying of forces and stiffening of ranks among the insurgents and democrats. MT. Fitzger- aid insisted upon the consideration of a motion to discharge a committee which was upon the calendar.
 Speaker Cannon declined to give MT. Fitzgerald the preference, but said he would be glad to consider point of order if MT. Fitzgerald wanted to make one.
 The democratic member declared he did not have to make a point of order; that it was his right to have the recognition under the new rule without the raising of any point of order against the speak CTS action.
 "You'n overrule me if I make a point of order;' said MT. Fitzgerald
 Insurgents, democrats and regulars jumped into the free bedate that followed. Upon the speakers refusal to recognize MT. Fitzgerald the latter was finally forced to make point of order against the taking up of the army appropriation bill.
 Ruling Is Ready
 The speaker had his ruling on the point prepared in advance and read from manu- script. He held the new rule did not make 1t mandatory upon the House to take up the motions to discharge a com mittee; that simply made such motions in order, if the House desired to take them up.
 Upon this basis the speaker held that Mir Hull and the army appropriation bill had the right of way and that the mo- tions provided for under the new rule could not be nterposed.
 "I appeal from the decision of the chair" replied MT. Fitzgerald.
 ''I move to put the motion on the ta- ble," interposed MT. Payne of New York, republican leader of the house.
 The Payne motion was the first test of the strength in the House and 1t was de- feated 155 to 124. Then followed an acri- monious debate upon the ruling
 When the vote finally was taken upon the appeal from Speaker Cannon's ruling 23 insurgents and all but one of the democrats present voted against the speaker. The result was the defeat of his ruling by vote of 145 to 126. Four teen members answered present, but did not vote because of pairs with absent members.
 Insurgent Voters
 The republicans voted with democrats against the speakers were:
 Carey, Wisconsin; Cassidy, Ohlo Dav- idson, Wisconsin Fish, New York; Goode, To North Dplxnta H1n0pn Iowa; Hinshaw, Iowa; Hollingsworth, Ohio; Hubbard. Iowa. Kendall, Iowa; Kopp, wisconsin; Kusterman, Wisconsin; Lenroot, Wisconsin; Madison, Kansas; Morse, Wisconsin,; Nelson, Wisconsin; Norris, Nebraska; Pickett. Iowa; Poin- dexter, Washington; Stafford, Wiscon- sin, and Stevenson, Minnesota.
 Representative Saunders of Virginia was the only democrat voting against Mr Fitzgerald in the appeal from the chairs decision.
 The result of the vote Is to settle def pitely the status of the new rule The plan has been outlined before the ses- sion opened, to attempt to set the army appropriation bill in ahead of the mo- tions to take bills away from the com mittee.
 Representative Norris of Nebraska, who led the fight that ended in wrestling the rules committee from the control of the speaker last March. declared that the intent of the rule has been plain and that those who favored 1t did not pro- pose to see it's real force taken away from it.
 The rule that brought about the test of strength and the defeat of the regular forces today is the last change made in the code of rules of the House last ses- sion. It was prepared by Champ Clark the minority leader. and passed last June.
 Purpose of Rule
 It's purpose was to give means for getting bills away from committees, when the latter attempted to smother them.
 In announcing his ruling, which was later overturned -on Mir. Fitzgeralds ap- peal, Speaker Cannon said he did not be- lieve the House, in adopting the new rule. had intended to shut out the consid- eration of the important appropriat tior tills.
 But where there Is doubt as to the fair interpret ation,'" said Speaker Can non, "the chair conceives that his de- dfsion should lean towards the principle that the House should be able by ma Jority vote on any day to go to any busi- ness on it's public calendars.
 Recent amendments to the rules have made very important limitations to the House freedom of action. The chair might or might not think these amend ments reactionary, If it were any part of his duty to comment upon the rules which the House established for his guidance. But his only duty is to interpret where they leave room for interpretation.
 And in making that interpretation the chair will lean toward the great principle, the conservation of the Houses freedom of action as the desire for action may be o,s,raSsad Inv a r1laiorify If nurzht nauar