ENGLISH 6.

Debate of Oct. 27, 1896.Question: "Resolved, That the powers exercised by the Speaker of the House of Representatives should be restricted."

Brief for the Affirmative.H. S. HACKETT and H. W. BEAL.

Best general references: James Bryce, American Commonwealth, I, 134-137; J. G. Carlisle, The Limitations of the Speaker, No. Am. Rev. 150: 382 et seq.; A. B. Hart, The Speaker as Premier in his Practical Essays, No. R. Q. Mills No. Am. Rev., 149: 664-670. T. Nelson, The Powers of the Speaker, Atlantic Mon., LXIV: 64 et seq.; Arena, V, 569-579 (Apr.); Johns Hopkins University Studies, XI, No. 2, The Speaker of the House of Representatives.

I. The powers of the Constitution are contrary to the spirit of the Constitution.

I. A The American constitution is a direct protest against one man power. Constitution Art. I, II, III. B The power of appointing all (sixty) committees is contrary to this spirit (1) Lodges in one man power to shape every bill presented. (Nelson, Atlantic Mon., LXIV, 69,) (2). Such power with an unprincipled speaker would work inconceivable ruin. (Nelson, Atlantic Mon., LXIV, 7). (3) Such power even with a good speaker is bad; (a) Likely to cause irremedial mistakes. (b) The committees are so numerous that many must be composed of men of small calibre. C It is arbitrary powers deprive members of freedom of debate, provided in constitution. (Amend. I). (1) The speaker has absolute control over all methods of bringing a measure before the House. (a) A member's recognition, depending on will of speaker is prerequisite. (Atlantic Monthly, LXIV, 71.) (b) He can refuse to let his eye be caught by a member likely to be hostile. (c) He can refuse to recognize a man personally obnoxious. (Hart, Speaker as Premier, p. 384.) (2) Method for considering measures is ineffective. (a) Its condition, that a bill must be finished in morning hours of two consecutive days, or go on calendar as unfinished business, put it at mercy of speaker. (3) Method of obtaining from the Committee on Rules a day for considering a measure, enables Speaker to kill it. (a) As chairman of that committee he may neglect to call a meeting. (4) He can refuse without appeal to entertain any motion as dilatory. (Carlisle, No. Am. Rev., 150, 395.) D. Powers of Speaker are out of accord with ideas held by framers of Constitution. (1) Their idea of speaker was a modera or. Carlisle, No. Am. Rev. 150: 391. E In allowing the Speaker such powers as enumeratep, the House has virtually delegated to him power of legislation that it has no right to. Carlisle, No. Am. Rev. 150: 392. F. His power if developed is likely to become, if it is not already, greater than the President's. (Hart, Speaker as Premier, p. 386.)

II. Such power is hostile to best interests of country at large. (1) Subjects are not treated broadly. (a) Free and open discussion is not possible. (2) All sections of country are not justly represented.