Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-03-25
What is n Quorum!

In the Madison Courier of a late date we find what
the editor assumes to be answer to a communics-
ton IN the State Sentinel of February 9th, with re-
gard to the Butler bill and the supplement thereto
being the asg of the land The question issue be-
tween the writer Of that article and the Courier is
simply this: Was there constitutional quorum Of
Selators present rhen the Butler bH passed the Sen
ate! The editor of the Courier assumes that there
was constitutional quorum present. and consequent
ly that the bill is the law of the land IS" contends
that there was not quorum present, and consequent
ly that the bill is not law. In order that we may
understand the arguments clearly, it will be
ry to quote from the Revised Statutes and Constitu
ton of Indiana.
The Senate shall be composed of fifty members -
X. ). 1913. 'Two-thirds of each house shall cons-
tute quorum to do business" Article 3, section 8,
Constitution of Indiana. When the bill passed the
Senate there but thirty-three Senators present.
which was not ttro-thrds of fifty, the number Of Sc
majors elected and of which says the ao the Senate
shall be composed. But those who contend that
quorum present say that one of the Senators hav
ing died, 1t only required twO-thrds of the Senators
tr'nS at the time the bill passed to be present to make
a legal quorum.
Now let US examine the position here assumed and
see how it will correspond with the law the sub
Ject of quOrums. Bowler says: Quorum, used
Substantially, signifies the number of persons belong
ing to legislative assembly, corporation, society
or other body required to transact business" From
this definition it is evident that the rule Uf law
which governs corporation, must govern Legisla-
lures, on the subject of quorums. Again, Bouver
says, sometimes the law requires greater number
than bare majority to form quorum: in such case
no quorum is present until such a number convene"
Hence it will be that the rule Of law is the same
whatever may be the number necessary TO constitute
quorum, whether ii be less than majority, MAORI
", than maj ority of the members composing
the body. The Senate, have said before, Is COM
posed Of definite number Of persons, VIZ, fifty. Now
II Al e
fifty fixed and definite number, mere huctuating
term depending upon the number of Senators hring.
To-day, for instance it requires rty:tour Senators
to make constitutional quorum to do business; to-
morrow Of the Senators dies, and then it only
qures hirty-three. We will introduce one or two
authorities from the many that might be given this
point.
''In late case in England, where commissioners
for building and charging churches, appointed pursu
ant To statute, tcenySir persons to be select vesry
for the and cement of church, it was held,
that In order TO constitute good assembly of the
lect vestry appointed, there must be present ma
jOrIty Of the members (yz. fourteen) named in the
appointment and therefore, that vote for the repair
of the church, made at "a meeting where there was
not such a majority, was Illegal" Angel and Ames
on Corporations
But it may be said that the authority given is not
applicable to the case under consideration, because
there is no evidence of any of the members of the
vestry being dead, which the case In the Senate
In TO this question will produce autbori
ty where the rule of law applies when 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 majority of each definite integral
part; that is majority of the number by which each
of these parts is constituted, and of which 1t ought
constantly to consist, and not merely majority OF
the surviving eriSting members of each class In
deed, if there be not surviving majority of the
stltutional number, no corporate assembly can be
formed, and the functions of every meeting in which
that class ought TO participate are suspended Will
cock On Corporations.
Again, says the authority, ''The words SUR
viving 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
naming being required at elections TO supply vacan-
cies in the same Glass; when from necessity it must
consist of least less than the constitutional
number. But even from this the implication is not
strong to induce the courts 10 admit violation
of the rule and therefore if there ought TO be cetUe
capital Burgesses and the Charter directs that when
capital Burgess is dead removed, the other capital
Burgesses, at that time SURFING and remaining,
the greater part Of the same, shall elect another to
be capital Burgess, the election Is rold unless screen
capital Burgesses be present.
From this it must be evident that the death of
member of the Senate does not lessen the number of
Story on the Constitution says: 'Ihe propriety of
establishing rule for quorum for the despatch of
business clear since otherwise the of the
nation might be decided by 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 fory-fye constitutes quo
rum to do business. In some of the State consttu-
tons particular number of the members constitutes
quorum TO do business; In others, majority 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 public
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 a quorum which we 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
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 to make hirty-three tlco-thirds of fttg.
LUX EFT VERITAS.
ANOTHER VIcTIM.-Mr. Charles ]. Ingersoll's re-
lection as minister to France, is said TO have been
achieved in the last nights executive session of the
Senate by majority of a strict party vote, in
the absence of six democratic Senator's who, If pres
ent, would have confirmed that gentlemans appoint
men by majority of five. But the federallsts were
in perfect frenzy of Indignation that the President
should have dared to nominate one, however well
fitted, who hed presumed TO question the official pur-
y of one federal Senator-the same Senator who had
suggested the Presidents impeachment.
When Chief Justice fancy administered the oath
of Office to President Van Buren, General Jackson
standing bv remarked with his char know