The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-17
New Freedom for the Vicc-Presi-
dent,

New Freedom for the Vicc-Prcsi-
dent.
II Is due solely to the intellectual
initiative and moral courage of the
Hon. THOMAS Il. MARSHALL that the
Vice-Presidcnt of the United States
now becomes free and equal part OF
our parliamentary system.
Up to last Thursday the vlce-Presi-
dent had not been recognized as con-
stituent member of the legislative body
over which he presides. That Mr..
MARSHALL was not a Senator has been
obvious to the most superficial thinker.
The Constitution provides that there
shall be two Senators for each State.
and the Senator's from Indiana have
been BENJAMIN FRANKLIN SHIyELy and
JOHN WORTH KERN. The Nice-presi-
dent has had no vote. except. for con
venience. in case of an equal division
OF tie Senate. He has always been
deprived OF the fierce joys Of debate.
As long ago as 1926 Vice President
CALHOUN declar red that he had no
power OF preserving order or of call.
Ing any member TO order for words
spoken In the course of debate upon
his own authority. but only SO far as
1t was given or regulated by the rules
Of the Senate.
This theory dis rmed the Vice Presi.
dent. as MIR. Justice STORY remarked
In section 49, OF his Commentaries
on the Constitution" even of the power
OF sef-protectlon from Insult or abuse.
unless the Senate should choose TO
make provision for it. In Mr.. ASHER
HINDs's excellent little treatise there
will be found on page 600 of the eighth
volume adequate references to rulings
and discussions limiting the parliamen.
tary functions Of the Vice-Presldent
almost to nudity. What power this
officer has had TO open his eager mouth
and express his ce.Presidcntial sch.
timents In the Senate chamber has for
the most part depended absolutely upon
the grace and courtesy of the real
Senators.
what revolution. therefore, was
inaugurated on Thursday when Vice.
President MARSHALL suddenly arose
at his desk and interrupted Senator
BACON In the middle of a speech with
controversial inquiry framed In the
Socratic manner and propounded in a
somewhat pedagogical fashion, No
wonder Senator BACON was both aston
ished and irritated. No wonder the
rest OF the Senators sat amazed at this
unexpected assertion of forensic equal.
ity and Independence.
Mr.. MARSHALL began the revolution.
airy struggle for New Freedom for tbe
Nice-President by injecting into the de-
bate thrust at Senator AsnuRsr of
Arizona. not the less deadly because
II was disguised as II modest request
Tor Information addressed to Senator
BACON Of Georgia. What shall we have
next: Shall we perhaps have this:
FROM the Congressional Record Of some
day by and BY.
Mr.. GALLiNGER-Let me 20 on to re.
mark Mr.. President that the powers of
the Interstate Commerce Commission as
DEFINED In the statute and interpreted by
the courts do not and cannot by any
forced construction extend to
1.-THE Workmanship the informa-
ton Of the chair. who has great reliance
In the learning and experience Of the Sem
ator from New Hampshire the chair
would like to know what Is the view of
the Senator from New Hampshire as to
the significance of an incident witnessed
day before yesterday by the chair in one
of the corridors at this end Of the Capitol.
In passing casually through that corridor
the chair happened to observe tho Senator
from the State Of Nowhere busily engaged
In whispered conversation with the presi-
dent of one of the great railway systems
now expressing the State Of Nowhere and
the States adjacent thereto And as the
chair passed the Senator from Nowhere
and the railroad magnate who held the
Senator from Nowhere by the lapel OF his
Prince Albert coat the chair could not
well avoid observing the surreptitious
transfer OF what suspiciously resembled
an orange colored roll OF gold certificates
from the fingers and thumb OF the railroad
president to the fingers and thumb and
later to the left hand trousers pocket OF
the Senator from Nowhere. Without the
least desire to question the sincerity OF the
remarks delivered in this chamber fifteen
minutes later by the Senator from No
where in favo. Of the pending bill limiting
the powers OF the Interstate Commerce
Commission with regard to the prescrip.
tion OF maximum freight rates-the same
bill which the Senator from New Hamp,
SHIRE IL now with great ability advocating
the chair seeks from the learning and ex
perience Of the Senator from New Hamp.
shire an opinion Of the Significance Of thu
incident aforesaid.
"MR&ALLNiER-Mr. President, there II