Evening star., 1938-03-13
Senate's Ancient Rules Serve
AS a Brake on Hasty Laws
Most Deliberative Body in World SAFEGUARDS
Right of Minority Blocs in Tenacious
Reverence for Tradition
BY ]. A, O'LEARY.

by J. A. O'LEARY.
# YOU look closely at the north wall of
the Senate chamber you still may see
the little wooden snuff box installed
for the statesmen of an earlier day.
Let your eye roam to the school-like
desks of the Senators and you will notice
beside the ink wells tiny bottles of sand,
relics Of the days before blotters
These are symbols of how the Senate
reveres tradition, and the rules that govern
its daily procedure are almost as unchang-
ing. Every once in while crusader
appears on the national scene, like Vice
President Dawes in 1925, filled with zeal
to revise the Senate manual, but more
often than not they retire from the field
Of legislative battle leaving Senate rules
pretty much as they found them.
The principle of unlimited debate is the
rule most provocative of controversy as
In the recent case of the anti-lynching bill,
when a score of Southern opponents sue
ceeded in talking the measure off the
legislative stage, for the time, being at
least, over a period of six weeks.
Retaliation Fear Present.
The Senate has a cloture rule under
which each Senator may be limited to one
hour of debate whenever two-thirds of
those present and, voting are ready to
invoke it. Two efforts to apply it to the
anti-lynching bill failed, however, and the
fact that it has been used so seldom since
1t was written, in 1917, goes a long way
toward explaining why other restrictions
are not placed on the freedom of speech
in the Senate. The answer is that most
men, whether they have been Senators for
decades or but year or two, keep in the
back OF their minds the thought that next
week or next year they may feel impelled
to take the floor at length against some
other bill their constituents are against.
1t is generally believed a majority of the
Senate would have voted for the anti
lynching bill If the roll could have been
called on the bill itself. Yet the cloture
motions did not muster a majority. In
other words, Senators appear hesitant to
shut off debate even when they are for
the spending question, through fear that
on some other occasion cloture may be
raised against them when they are on the
opposition side OF an issue.
With the House operating under pro-
cedure that permits passage of most
legislation in any given number of hours
the leaders decide upon by the issuance of
special rules governing debate, it has been
argued down through the years that an
untrammelled Senate is essential to keep
the legislative mill from grinding out laws
too rapidly
Because Of its large membership the
House must be able to move expeditiously,
and for that reason there is much to be
said for the argument of those who con-
tend minority should have the oppor-
tunity to apply the brakes in the Senate.
And as time goes on cloture probably will
continue to remain a rarely used rule.
There are times, however, when the
senatorial brakes seem to grip more tightly
than is necessary even to safeguard minority
viewpoints. Ordinarily there is little
difficulty in bringing to vote major
legislation that wins place on the party
program. After debate has run its normal
course it nearly always can be brought to
a close by unanimous consent agreement,
unless there is unyielding opposition.
But If for any reason. bill does not
get on the party program it is not likely
to be taken up for extended consideration.
It's chances then are confined almost
entirely to being called up momentarily
from time to time when the calendar Is
considered under the unanimous consent
rule In fact the Senate operates good
part Of the time by unanimous consent, and
here is where the brakes may stop bill
with q jerk that derails it from the
legislative track.
Occasionally the District of Columbia
suffers particularly from the unanimous
consent rule. Engrossed in national prob
lens. the Senate seldom is able to engage
in extended discussion of municipal ques-
tions, except the annual appropriation bill
or q major subject like the tax bill. In
recent years Chairman King of the District
Committee has been successful in obtain
ing passage Of most Of the bills reported
from his committee. Nevertheless the
objection Of single Senator is suficient
to block an ordinary local bill or any other
measure that has to take its chances on
the unanimous consent calendar. Such an
objection does not take bill from its place
On the calendar, but the objection may be
repeated on future occasions until the end
of q Congress, and then the bill must be
reintroduced and go through committee
again.
One of the most far-reaching and i'm
portant changes in Senate procedure in
recent years was brought about, not by
amending the rules, but by changing the
Constitution through the Norris lame-duck
amendment, which abolished the short,
three-month session every other year. with
the opportunity for successful one-man or
two-man f1libusters as March drew near
Now Congress itself fixes the date Of
adjournment each year and there is much
less chance for few members to filibuster
successfully in the closing weeks against
any major legislation If the leaders want
It sufficiently to postpone indefinitely the
day Of adjournment
Not long ago Chairman Glass OF the
Senate Appropriations Committee proposed
y.