Brief for the Negative.

G. CALKINS and G. F. HAGERMAN.

General references: Follett: The Speaker of the House of Representatives, chs. VII-XI. Hurt: Practical Essays, p. 1-20. Bryce: American Commonwealth, I, pp. 124-164. Reed: Parliamentary Rules. North American Review, 150, pp. 382-9, 151, pp. 228-250.

I. The increased power of the Speaker has been a necessary development. A. The cause of the inefficiency of Congress is its inaction (North Am. Rev., 151, p. 396). B. This inaction is caused by 1. Enormous increase in legislation (Hart: Practical Essays, p. 5.) 2. Obstinate opposition of minority (Follett: The Speaker of House, p. 180; Bryce: Amer. Common., I, p. 134). C. The increased power of the Speaker tends to counteract these two causes of inaction. 1. It facilitates sifting legislation in committee (Follett, ch. viii; Bryce: Amer. Common., I, pp. 165-173). (a) The Speaker's power of appointment has the tendency to make the committee effective and harmonious (Follett: The Speaker of the House, p. 310). 2. It facilitates legislation in the House. (a) It provides for checking delay at the commencement of debate (Reed: Parliamentary Rules, rule 15). (b) It limits "filibustering" by the exercise of the veto power on debate (Follett: The Speaker of the House, p. 207; Bryce: Amer. Common. I. p. 134). (c) It concentrates debate on the question under consideration by exercise of speaker's power of recognition, (Hart: Practical Essays, p. 12, 13; Follett, p. 268).

II. It is constitutional. (a) The const. the source of speaker's authority; (Follett, 122). (B) The speaker known to framers of Const. as a "party leader;" (Follett 26). (C) No clause in const. denying to speaker his present power; but on contrary. (D) Const. confers on the House power to make rules facilitating legislation; (Const. I s. 5, S 3)-(114 U. S. Reps. 9), (Follett 213). (E) The pressure of business has forced House to confer present power on speaker. (Hart's Essays, p. 10), (Hart Intro. to Follett, p. XIV, XV, XVI); (Follett, 147-159).

III. Its action is beneficial. (A) To minority (1) While it enables speaker to sacrifice, at times, will of stubborn minority to need of immediate legislative action, majority can not throw blame of bad legislation on minority (x) It can not seriously affect action of majority. (Follet, p. 182). (B) To majority. (1) The measures for which it is held responsible can not be thwarted by scheming minority. (Follett, p. 180). (C) To nation. (1) Fixes legislative responsibility. (Follet, p. 111) (Hart, p. 19). (2) Legislative responsibility means more efficient legislation. (Follet, 310) Hart, 10). (3) Improves character of House (Follet, 312). (4) Means popular interest in legislation, (Follet, 313) Hart, 19).