The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-02-04

agree with the gentleman from Ohio, (Mr
Bingham) that the Congress may reduce tn
court to three judges, or to two, or even t
enc. But it must be q court, Of howeve
many individuals composed; and the Consti
tuition of the United States vests in that cour
the power to decide.
Now what is the court p? What is an,
body which consists of several members l
is the quorum-the majority. And the judi
ciary act of 1899, to which the gentleman
from Ohio (Mr. Bingham) referred so tri
umphantly when my friend from Illinois
(Mr. Marshall) was on the floor, is very sig
nifcant in that regard. Congress in that &C
indicated what should constitute quorum o
the court, and then repealed that provision
leaving it to the court itself to constitute 1t:
own quorum. The quorum of every body Is
the body for all legal purposes.
This, rightly says the Chronicle, is a
literal abandonment of the case; for ii
| Congress has control of the number OF
judges it may make the court consist OF
two Judges. and then it would have TO
be unanimous to override decision OF
any sort. Judge WOODWARD took re-
fuge in the common law practices; but
was handsomely brought to time and
constitutionally foored by the redoubt-
able Bingham, as follows:
Mr.. Bingham. Will the gentleman from
PENNSYLVANIA allow me to make an inquiry
touching the power of this court over Its quo
rum?
Mr.. Woodward Yes, sir.
Mr. Bingham. l desr to inquire of the
gentleman whether, after the first organlza-
ton of the Supreme Court OF the United
States, when Chief Justice jay was absent
from the country, though still holding his
commission, it was competent for majority
(that is three) Of the members of the court
remaining in this country to exercise any of
the functions of the court against the force OF
the statute of 1889, which declared that four
should be necessary !; and whether, unuer
the act of 1887 (which | believe continued IN
operation down to 1868 or 1864 1t was COM
petent, when the court was reduced to seven
members by the death of two of Its justices,
for any smaller number than five to consu- |
tute quorum, although that smaller num- |
Der might have been majority Of all the
Judges an esse'
Mr.. Woodward. Did the act Of 1899 pre-
scribe the number of Judges that should con-
stitute quorum
Mr.. Bingham. Yes, sir; it fixed four as
quorum.
Mr.. Woodward. The court consisting of
six +: !
Mr. Bingham. Yes. sir; and the act OF
1887 fixed Ave as quorum, the court consist
ing of nine and during the rebellion, while
that act was still in operation, the court was
really reduced to seven by the death of two
Of the judges. Now, want to know whether.
in the presence of statute like that, requlr-
ing five judges to constitute quorum,
majority of the judges IN esse could have as.
sumed to exercise the powers of the court
Mr.. Woodward. Certainly not, in contra
1ention of an explicit statute. have not ar
,ued that the court could have fixed its quo
:um in conflict with the act of 1889.
We may well believe the Chronicle
i. says:
Those who witnessed the encounter between
he great Pennsylvania Democratic judge
md the unpretending Republican Ohio
tatesman on Monday. will never forget the !
spectacle when the former made {
his reluctant but complete surrender Of the :
POSITION of himself and his Confederates.