Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1847-03-20

the editor to be an answer TO Il communion
ton IN the State Sentinel of February 9th, with re-
gard to the Butler bill and the supplement thereto
being the lac of the land. The question at issue be-
tween the writer Of that article and the Courier is
simply this Vas there q constitutional quorum Of
Senator's present when the Butter bill passed the Sen
ate! The editor of the Courier that there
constitutional quorum present, and consequent
" that the bill is the law of the land IS" contends
that there quorum present. and consequent
ly that the bill Is not law In order that we may
understand the arguments clearly, it Will be necessa-
~ quote from the Revised Statutes and Constitu-
ton of Indiana.
1.-The Senate shall be composed of fifty members"
Il. 5. 1913 "Iwu-thlds of each house shall consti-
tute quorum to do business Article 3, section s.
Constitution OF Indiana. When the bill passed the
Senate there but thirty three Senators present
which not t,ro-irdS of fifty, the number of Sc
majors elected, and of which says the ,c the Senate
shall be composed. But those who contend that a
quorum was present say that Of the Senators hav
ing died. 1t only required two-hrds of the Senators
Hrng at the time the bill passed TO be present 10 make
u legal quorum.
Now let us examine the position here assumed and
see how 1t will correspond with the law the sub
ject of quorums. Bowler says: "Quorum, used
Substantially, signifies the number of persons belong
ing to a legislative assembly, a corporation society
or other body, required 10 transact business From
this definition it Is evident that the rule Of law
which governs corporation, must govern Legsla-
lures, on the subject of quOrums Again, Bowler
says, sometimes the law requires greater number
than bare majority to form quorum: in such case
no quorum is present until such number convene
Hence Will be that the rule of law Is the same,
whatever may be the number necessary to constitute
quorum whether 1t be less than majority, MAORI
y more than maj orlty OF the members composing
the body. The Senate, we have said before, com
posed of a definite number of persons, VIZ, Uty Now
the question resolves itself into tins, Is tco-thirdS OF
Is. 6cfa,n
term depending upon the number of Senators fring.
To-day, for instance, requires thirfyfour Senators
to make constitutional quorum to do business; to-
of the Senators dies, and then IT only
quires hirfy-three. We will introduce or two
authorities from the many that might be gwen on tins
point.
''In a late case in England, where commiss oners
for building and charging churches, appointed pursu
to statute treHy-Sir persons to be select yestry
for the and cement of church, ii was held
that III order to constitute good assembly OF the Sc
ec vesry so appointed, there must be present ma
jorty of the members (viz. toureen) named In tie
appointment, and therefore, that vote for the repair
of the church, made III a meeting where there was
not such majority, was Wegai.' Angel and Ames
on Corporations.
But it may be said that the authority given is not
applicable to the under consideration, because
there Is evidence of any of the members OF the
veStry being dad, which was the case IN the Senate
" where the rule Of law applies when one OF the
members Of body die. The following authority we
think will settle all doubts on this point.
= Besides the President there must be present at
corporate assembly ma oriy of each definite integral
part; that is majority Of the number by which eaci
of these parts Is constituted, and of which 1t ought
constantly to consist, and not merely ma ority Of
the Surririag crStiHg members OF each class In
deed if there be not surviving majority of the con
stIutIonal number, corporate assembly can be
formed, and the functions Of every meeting IN which
that class ought to participate suspended. " Ill
cock on Corporations.
Again, says the same authority, The words sur
wing and remaining, may be imagined Still more
positively to refer TO the existing number OF members
in definite class, and to derive greater force from
the presence of majority Of those surviving and re-
naming being required at elections to supply yacan
cies IN the same class wien from necessity II must
consist Of at least less than the constitutional
number. But even from this the implication Is not
strong to induce the courts to admit violation
of the rule and therefore if there ought to be tcelre
capital Burge>ses, and the Charter directs that when
capital Burgess is dead or removed the other capital
Burgesses, at that time Surrirng and remaining
the greater part Of tie same, shall elect another to
be capital Burgess the election Is rod unless Seren
capital Burgesses be present.
From this ii mist be evident that the death of a
member of the Senate does not lessen the number OF
Senators necessary 10 constitute quorum.
Story on the Constitution says The propriey OF
establishing rule for quorum for the despatch OF
business clear, since otherwise the concerns OF the
nation might be decided by "A very small number OF
the members Of each body. In England, where the
House of Commons consists Of nearly six hundred
members, the number of forty live constitutes quo
rum to do business. In some of tie State cOnStltu-
tons particular number of the members constitutes
quorum TO DO business IN others, ma OrIty is re-
CURED. The constitution of the United States has
wisely adopted the latter course and thus, by requI-
ring majority for quorum, has secured the pubic
from any hazard of passing laws by surprise, or
against The deliberate opinion of majority of the
Representative body"
We have thus presented some rules of law on the
subject of quorum which think will satisfy any
reasonable mind, that the Butler bill IS not the law OF
the land; and for the plain and simple reason that a
constitutional quorum was not present when the bill
passed the Senate unless indeed the ingenious editor
of the Courier construe the constitution IN such
way, as 10 make tirty-thrce tico-ttirds OF ftfg.
LUX EFT VERITAS