Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-03-07
Why Rules That Make Them
Possible Are Defended-.Un-
successful Attempts to
Stop Debate
BY GEORGE w. DOUGLAS


the House. Then the Senate. acting under
its rules. which permit unlimited debate, has
whipped the bill into shape and sent II
back to the House. Conference committees
have adjusted the differences between the
bill as II came from the House and as the
Senate changed II and the two houses have
agreed to the measure thus perfected.
The rules Of the Senate have been sub
jected TO frequent attack from members
within the body and from critics on the
outside. But there never before was so
bitter n denunciation of them as that CON
tanned in the statement given out by the
President last Sunday night IN the heat
Of his Indignation at the success OF the
opponents Of the bill TO arm merchant ships
in defeating that measure. Whether the
campaign against those rules which he has
launched VIII succeed IL an open question.
Il is my personal opinion that II will not
succeed, for the experienced minority In
the body is not likely willingly 10 submit
to n change of the rules that will permit
a party caucus to shut off all debate and
Jam bills through under gag rule. There
ii a considerable number of Senators who
hold that the abuses which arise under
the rules, even such an abuse as that which
the President has denounced. are in the
long run less serious than those which are
likely to arise under a cloture rule
The Foreign Practice
The Senate rules have been in force since
1906. The British House Of Lords allows
unlimited debate and always has The
House of Common ordinarily permitted il
until 1852, when the obstructive tactics
adopted by the Irish members led the party
in power TO make a rule for bringing
bill TO n vote on a definite date regardless
Of the wish of obstructonists TO speak upon
II. Further rules were later adopted which
provide for Closure by compartments
that is, for closing debate on section after
section Of measure on succeeding dates,
This way Of sileucing the opposition has
come to be known as the guilotine." Re-
sort to it is always denounced as despotc
by the party in opposition, whether II be
Conservative or Liberal. Yet the guillotne
is frequently used on extremely contro-
versial measures, The French Parliament
has resorted to closure on many occasions
since the coup detat of Napoleon in 1852
When Henry Clay entered the Senate he
attempted to change the rules, but failed
Other senators have attacked them with
out success. In comparatively recent times
Senator David b. Hill, of New York, who
was a political boss. was restless under
the necessity of permitting his political op-
ponents to block his plans and he waged
campaign for limiting the freedom of de-
bate But he failed, as Clay had failed be-
fore him.
Justification for the present rules is
found by their defenders in what they as
ever prevented the passage of bill which
was sincerely supported by a ma jority of
the Senator'S 1t has happened on more
than one occasion that the Senate has con-
sented that a bill should he talked to death
when it did not wish to kill it i'm any other
way. This happened in the closing days of
the session in 1901 when Senator Carter,
of Montana, held the floor for thirteen hours
and a half and prevented the passage of "A
$50 600 rivers and harbors appropriation
bill. President Mckinley would have vetoed
the measure If it had been passed, and
large number of Senators who did not care
to go on record as voting against it were
really opposed to it, They assisted Senator
Carter to hold the floor by supplying him
with criticisms of various items in the
measure which he could attack when his
own knowledge Of it was exhausted.
Filibusters Don't Always Succeed
The passage Of the force bill authorizing
the stationing of Federal troops at polling
places in the South was defeated by
filibuster led by Senator German. After
a continuous session Of twenty-four hours
the Democrats succeeded by parliamentary
device i'm starting a discussion of free silver
coinage and got the silver senators talking
or that This sidetracked the force bill and
killed il.
That a hlibuster, using the opportunity
for unlimited debate, cannot succeed against
the un0OuDteu sentiment VI lHe ildJollN
was proved in the extraordinary session of
Congress called by President Cleveland in
1898 TO repeal the Sherman silver purchase
law Senator Butler of South Carolina,
roared out his indignation at the demand
from the White House.
"The edict the ukase the imperial
order" he shouted has gone forth that the
Government stop until the Sherman law is
repealed |, for one, will not obey that
imperial order"
The session began In August. The fight
continued week after week until II reached
a climax in the middle Of October, when
the Senate was kept in continuous session
for thirty-fve hours and forty minutes be-
fore II adjourned through the exhaustion
OF the members The Sherman law, how
ever. was repealed
An illustration OF the possibilities OF
abuse in the rules is afforded by the sue
cess Of Senator Tillman In forcing an item
Of S47 900 into an appropriation bill to pay
certain claims of South Carolina which the
auditing authorities of the Government
said amounted justly to thirty-four cents
He threatened fllibuster and the Senate,
rather than have its business held up
bought him off for the sum mentioned.
Senator La Toilette conducted a one-man
hllbuster in 1908, when he held the floor
for eighteen hours or thereabouts, When
| he got tired he raised the point of no
| him a chance TO rest. But he was not
| allowed to question the quorum more than
once or twice, for by express vote at the
| time the Senate decided that new business
| must intervene between two such rollcalls.
| Senator Aldrich engineered the discontinue
| Of the wisconsin talker.
Under the rules as they stand, a Senator
may not speak more than twice on the same
| subject on the same day. This means a
| legislative day and not a calendar day. A
| legislative day may be extended for as
many calendar days as a majority of the
| Senators see fit, regardless of the wishes of
| hlibusters. When the Senate adjourned at
| noon last Sunday 1t was working on the
| legislative day of the previous Friday. At
| the. time of the La Toilette filibuster in 1908
Senator Hale. OF Maine, remarked that the
| enforcement of the rule against speaking
| more than twice on the same subject on the
same day would make II impossible for any
fllbuster by small number of men TO
| succeed in holding up business very long.
| A legislative day might be extended to a
week of calendar days Of continuous session,
which would seem to be long enough TO tire