The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1869-06-01
GOV. NORTON
on the -.-,e-,
LAW OF QU0RUMS.
To the Editor Of the Indianapolis journal:

To the Editor of the Indianapolis Journal:
The Constitution of the State pro
vides that the House shall not exceed
one hundred members, nor the Senate
fifty members, and the Legislature has.
by law, fixed the number Of members of
the House at one hundred, and the Sen
ate at fifty. It is contended that under
all circumstances quorum OF the House
consists Of sixty seven members, and
of the Senate thirty, four members, and
that whenever, by resignation or other
cause; the number of members in the
House is reduced below sixty seven, or
Of the Senate below thirty four, the le
gal character of the Legislature is des
troyed. In the early part Of March and
before the necessary appropriation bills
had been passed, the Democratic mem
bers, to prevent the ratification Of the
Fifteenth Article proposed by Congress
as an amendment to the Constitution of
the United States, resigned their seats,
in the House to the number of forty one
and in the Senate to the number of sew
enteen thus Withdrawing more than
one third of the members elected to
each House, but leaving q clear major
ity in each of all the members elected
or authorized by law to be elected. Gov
error Baker issued writs of election to
fill the vacancies caused by these resig-
nations, and in nearly every instance the
members who had resigned were re-
elected. The Governor then convened
the Legislature in extra session, as he
had the right to do, and it re assembled
on the 8th day April, and again on the
18th day of May, the Democratic mem
bers, to the number of more than one
= I'll Il ~ II,
House, but less than majority, resigned
their seats to prevent the considera ton
of the constitutional amendment.
According to the construction con-
tended for, seventeen members of the
House, can, by resignation, destroy the
existence Of the Legislature, and if they
are sustained by a majority of the peo.
pie of their districts, may be reelected
and again resign, and thus, in effect,
overturn the government of the State.
If the Cons titution Of Indiana thus pro
vides for it's own destruction, it is high
time the people should understand it,and
take steps for it's amendment.
The question now presented is new in
the history Of the State. Heretofore
| the question Of what constituted quo
| rum in the two houses has been raised
| by the mere absence of members, and
not by vacancies produced by the resi- g
nation of more than one third of each
or both the Houses. And whatever pop
| ular notions on the subject may have
grown up, have been with reference to
| attempts to break the quorum by mere
absence and not by resignation.
When members of either House are
absent from their seats the number re-
quired to constitute quorum is un-
changed. The absentees may be sent
for and their attendance compelled; but
| when the number of members is reduc-
ed by designations or death, the ques-
ton is changed; and it is in this aspect
the subject is now presented.
The question as to the number which
will constitute quorum in each House
is entirely distinct from that of the mum
ber repaired on the final passage Of a
bill. The number necessary to consti-
tute quorum may be greater Or smaller
than the number required to pass bill,
as 1 shall show hereafter.
The eleventh section of the third ar
ticle of the Constitution declares that
1.-TWO thirds Of each House shall consti
tute quorum to do business Section
fifth of the first article Of the Consfitu-
ton Of the United States reads as fol-
lows: "Each House shall be the Judge
of the elections, returns and qualifca
tions of it's own members, and the ma
jority of each shall constitute quorum
to do business.
Two thirds of each House is required
to constitute quorum in the State Leg
islature, but majority of each house
will constitute quorum in Congress-
The first question, therefore, in either
| ic SsNVhaf ic fhn HnncoSi' 0r ~
many members does it take to constitute
a House?" And when we have ascer
tanned that. then two thirds of that mum
Der will constitute quorum in the Leg
islature or maj ority in Congress.
The whole question turns upon what
number of members may constitute the
''House." If the House of Represen
tatives consists of only one hundred
members, then two thirds of one hun
dred-or sixty seven-will be necessary
for a quorum. But if it may consist o1
eighty members--there being twenty
vacancies-two-t thirds of eighty or fifty
four, will constitute the quorum. Does
it require all the members elected, OF
authorized by law to be elected, to con-
stitute the House2
Clearly not If it were so, then S tate
Legislatures or the Congress Of the
United States would seldom have an or.
ganized or legal existence. Legislative
bodies, especially those composed o.
large numbers, are seldom full. 1t hap
pens great part Of the time, that there
are vacancies in every Legislative body
growing out of a failure to elect, con
tested elections, designations or death
When vacancies occur by resignation OF
death, they are never filed without some
delay, and oftentimes last throughout
the session. Legislative bodies are Or
ganized and proceed to business while
seats are left vacant, because Of a fail
ure to elect, failure to qualify, or con
tested elections. And yet in all these
cases, the members that actually appear
and qualify, or those that remain aftel
the death or resignation of others, ar,
held to constitute the .House,n and t