Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-19
PRECEDENT THROWN ASIDE
Records Show Many Measures Were
Passed March 4.
RAISES SERIOUS QUESTION
May Affect Validity Of Appropria-
tions-Early Congress Held SEES
sions Ended at Midnight.

at the conclusion Of the last session when
it made the session just before noon
March 4 the Legislative day Of March f."
A searching examination Of the rec
ords, which has just been completed by
Henry M. Rose, assistant secretary OF
the Senate, the results Of which have
been published in a public document
shows that in all prior closing sessions
of the Senate in odd years the legislative
day of March 3 Cor of March when
March was a Sunday has been contin-
ued until noon Of March 4. when Congress
was adjourned sine die. In accordance
with that custom, all Of the business
transacted between midnight of March
and noon Of March 4 was held to be
transacted in 1.-The legislative day OF
March 3d.
Precedents Thrown Aside.
At the conclusion Of the last session.
however. all these precedents were thrown
to the winds. Early in the morning OF
March 4, when the legislative day was
still being continued, Senator Hale made
a motion that when the Senate adjourn
today March 81 it be to meet at 8 am.
March 4. The motion was adopted and
later the Senate did adjourn the elegts-
latiye day Of March 3, and did meet at .
am. March 4, and the Senate was meet,
ing for 1.-THE legislative day Of March f.
While the action was not questaona;e sa, on
the floor of the Senate, there was DISCUS
sion around the Senate as to the Legality
of business transacted on the leg1s,
lative day Of March A. Some COMMENDED
that the terms of Office OF the newly
therefore. many senator's had no rights
in the proceedings on the legislative DAY
of March 4, because their successors LOOK
Office that day.
The question took on serious aspects
because of the importance Of bills which
were acted upon at that time -Four I'm.
portant appropriation billie were disposed
of that day-the post Office, the naval the
sundry civil and the general deficiency.
Belonged to New Congress.
Mr.. Rose concludes, after presenting
the results Of his examination Of the pre-
cedents, that these bills were disposed OF
during the legislative and calendar day
of March 4, 1911. which evidently BY, pre-
Mr.. Rose shows, during his review or
the precedents. that in earlier sessions
there was a question whether the OLD
Congress died at midnight March 8 or az
noon March A., There were arguments potn
ways, and on several occasions senators
whose terms expired with the death OF
the old Congress, refused to vote after
midnight Of March 3.
The question was settled in the Senate
by the adoption Of q resolution. March
3. 1851. offered BY Senator Yuiee of FIori-
da. II stated that "in the opinion. OF the
Senate the present Congress does not ex.
pire by constitutional limitation until
meridian Of the 4th OF March: speak-
same effect to establish that precedent
for the House.
Tranquil in Earlier Days.
/. In strong contrast with the turmoil and
rush of the closing day Of a dying Con-
sress recently was the tranquility Of the
last day of some Of the earlier sessions.
Mr.. Rose says:
..During the earlier Congresses there Is
no evidence that the final sessions were
continued beyond the hour OF mion1nt
the two Houses was generally concluded
early in the day, and when concluded
the resolutions for final adjournment were
passed. the presiding oficers made their
Houses adjourned without day. ..1
''There was a joint rule Of the two
houses in force that provided That no
bill or resolution that shall have passed
shall be presented to the President OF the
United States for his appreciation on the
last day of the session. Although this
joint rule was frequently suspended by
resolution in order to permit further con-
sideration and final action upon pending
measures, upon the last day Of the SEES
sion,' 1t undoubtedly had the erect OF re-
Iieving the closing day from great bur-
den Of business that must, OF necessity,
have been hastily or inadeQuately con-
sidered. as we'll as an effect in shorten
ing the legislative day of March 3.
Were Ended at Midnight.
1.-THE journals of the Senate covering
the first twenty Congresses do not reveal
that any final sessions were continued
beyond the hour Of midnight of March 3,
although in the closing session of the
Twenty-second Congress, March 3. 1885,
Charles F. Mercer. representative from
Virginia. said he had been a member of
the House of Representatives for eighteen
years. and he was "ready to assure the
House that the doctrine asserted to-
night. that the functions of the House
ceased at IL o'clock, had no foundation
Hon In hA tn.