Question: Resolved, "That the present Congress should adopt the rules of the Fifty First Congress."

Brief for the Affirmative:

F. C. CHAMBERLAIN and E. G. WALKER.

Best general references: T. B. Reed in No. Am. Rev., Vol. 150, pp. 382, 537, (March, May, 1890), and vol. 151, p. 238 (Aug., 1890; other articles in vol. 151, pp. 237 248, (Sept. 1890), and vol. 153 pp. 737-749, (Dec., 1891); A. B. Hart in Atlantic Mo., vol. 67, p. 380, Mar., 1891); Joseph Chamberlain in Nineteenth Cent., vol. 28, p. 861; Speeches in Cong. Rec., vol. 21, (1889-91); part II, pp. 1172, 1180, 1213, 1225, 1235, 1239, 1243.

I. Parliamentary rules are meant to facilitate public business. - (a) By preserving order. - (b) By protecting the rights of the majority as well as of the minority. - (c) By preventing waste of time. - (d) By enabling the legislative body to take up and dispatch business in order of its importance.

II. The rules of no Congress previous to the Fifty First have done this. There has been a growing waste of time through - (a) Dilatory motions and - (b) Other obstruction tactics.

III. The rules of the Fifty First Congress proved an efficient remedy for these evils - (a) They save valuable time. - (b) They make possible the transaction of public business in order of its importance. - (c) They solve the quorum question constitutionally: "A Democratic Leader" in N. Am. Rev., vol. 151, p. 237. - (d) They protect adequately both majority and minority. - (e) They do not confer on the speaker dangerous power. - (b) They are supported by precedent and common sense: T. B. Reed in N. Amer. Rev., March, May, and August, 1890. Joseph Chamberlain in Nineteenth Cent., vol. 28, p. 861; J. G. Cannon in Cong. Rec., vol. 21, (1889-91), part II, p. 1172; Theodore Stanton in N. Amer. Rev., Dec. 1891, p. 737.

Brief f r the Negative.

J. C. BRECKENRIDGE and P. L. HORNE.

Best general references: Congressional Record, vol. X, part 1; vol. XXI, appendix, pp. 22-25; House Journal, Fifty First Congress, 1st Session; Copy of the rules, (pamphlet); North American Review, vol. 150; Nation, Feb. 6, 13, and 20, 1890; Public Opinion, VIII; Feb. 8, 1890; Story's Commentaries, II, 299; Lalor's Cyclopaedia, IV, 88; Bryce's American Commonwealth, I, 129-132; Smith's Const'l Manual, 436.

I. The rules are a great departure from previous practice. - (a) Counting of a quorum. - (b) Suppression of fillibustering. - (c) Mr. Reed formerly held to the old principles; speech, January 30, 1880. (See Nation above).

II. The ruling on the quorum is unconstitutional indefinite and dangerous. - (a) Unconstitutional. - (1) Not in accordance with the practice up to 1889; contemporaneous exposition. - (2) A majority prescribed by the constitution. - (3) The House not in absolute control of its own procedure; Consti, Art. 1, $5; Bryce, pp. 129-131. - (b) Indefinite, by being capable of different interpretations; Nation, Feb. 13, 1890, p. 124. - (c) Dangerous. - (1) Rules are intended to protect, not to oppress minorities.

III. The ruling on "filibustering" is dangerous, one-sided and liable to be carried to extremes; - (a) Congress likely to pass too much rather than too little legislation; - (b) A minority by filibustering attracts public attention; - (c) It prevents members from introducing an amendment which might pass if put to a vote; - (d) Liable to extremity because the pronouncing upon the character of a motion left to the discretion of an opponent.

IV. The rules place the control of the House almost exclusively in the hands of one man; McMillin in Cong. Record, vol. 2, App. p. 25; - (a) They injure Congress as a deliberative body; - (b) They enable the speaker to declare bill passed when the rolls show the contrary; Nation, Feb. 13, p. 124; - (c) They make it possible to "railroad" bills through Congress.

V. The rules have had a dangerous tendency to centralize party management; - (a) They destroy deliberation and that spirit of concession existing in permanent legislation; - (b) Suppress criticism, as by "Gag-rule," denying "personal privilege;" - (c) Not the will of individual but the decision of speaker determines the member's participation in business.