The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-06-08


of a variable number, which In nc
session remains the same throughout
The Court says the House of Repre-
sentatives may consist of one hundred
aud the Senate of fifty members. The
law of 1867 appertaining to Senators
and Representatives, supplies the
number--the former one hundred
and the latter fifty.
In considering the question rs 10
what constitutes the quorum of a
body of eorporators, the courts have
made a distinction between a definite
number of persons and an indefinite
number. In the latter case a majority
of any number of those present may
act. and that action will bind the
body. In the absence of any organic
rule, the common law rule obtains
aud gives to the majority the power
to act and bind the minority. But in
this case the organic law of the State
requires tWO-thirds of each House TO
constitute a quorum. 1t is not
to be presumed that the wise
men who framed our Constitution
intended to make that instrument SO
| technical that its requirements could
not be complied with, aud that the
slightest deviation from the rules
| therein laid down should vitiate and
destroy the most useful, as we'll as
the most solemn legislation. Nor is
it to be inferred that they intended TO
so frame that instrument as to place
the whole legislative powers of the
State at the will and pleasure of a
few men. It's now insisted that In
the use of the words, tWo-tbirds of
each house, the trainers of the
Constitution meant, and intend
ed to say two-thirds of the
me nbers, as fixed by law, or
two thirds of the members elected
should constitute a quorum. It is
sufficient answer to this construction
TO say that if they had 80 intended,
they would have so written il. for BIZ
the use Of the word, tO-Wit: Elect
ed" the entire sense and mean
ing Of the section would have been
changed. With that view. a House
consisting Of one hundred members,
would require sixty-seven to consti-
tute quorum. Every count of the
House would be based on the number
elected, 100. Yet We know, in point
of fact, that the House Is rarely, If
ever, full; that its membership is
constantly changing by deaths and
designations.
In the case under consideration,
forty-twO members resigned their Of
fee as Representatives, thus re-
ducing the house to fifty
eight members. This they had
the legal right to do, but they could
not and did not thereby destroy the
legislative power Of that branch of
the legislature, for the fifty eight
members still constituted the house
in its constitutional sense, and re-
tanned all the power necessary 70 the
legislation of the country. The most
natural and genuine method Of
eXpounding this section requiring
two-thirds OF each house to con-
stitute a quorum, is to compare
ii with other sections ia the same in
strument, thus finding out the sense
of this clause by the words or obvious
intent of others; for one of the most |
common rules of construction allows |
reference to be made to a subsequent |
section, IN order to explain a previous |
clause, of which the meaning /
is doubtful. By this reference |
to other sections of the constitution. |
it will be observed that the words |
q" members elected are used but four |
times in the entire instrument-once /
In connection with the power to pass
bills and joint resolutions. and |
again in the section providing
for the passage of bills over the
Governors veto, and again In the
section conferring the power TO
impeach officers and then again In
the first article providing for amend
ments to the Constitution. Ii is not
possible that the Convention, In the
use of the word House" In one sec
ton, and the words members elect
ed" In other sections, intended to use
them as convertible terms, each
the same, though used
for entirely different purposes.
When they used the tgurative express
sion House, IN the llth section of the
4th article, they evidently meant ae-
tual membership, but when they con-
ferred power to-dO certain acts, they
prescribed the number necessary to
the execution Of that power. Thus
in passing bills and joint resolutions.
a majority of all the members elected
are necessary. In the passage OF
bills over the Governors veto, a ma
iority of all the members elected to
the house in which the measure orig
mated Is necessary, and on impeach-
ment two thirds Of the members
elected to each branch shall vote in
the affirmative. Then again, amend
ments proposed to the Consti-
tuition must be agreed to BY
majority of the members elected
10 each of the Houses. In
every instance where a high duty
8 to be performed, the number neces-
,ary to the performance is prescribed;
put when the term House is used. it
S in the fgurative sense, and has
reference to actual membership and
until the House is actually reduced
by deaths and designations be.
oW ffiy-one members under the
present apportiOnment, it remains
/ constitutional body for every nur-
pose, except impeachment. This rnla
,f construction has been freouantl,,
by the Senate of the iJnitea
states. am, therefore. of oDin;on
hat the specific appropriation bin 9
md other measures passed by the
douse after the resignation Of the
orty-two members, was ia accord
With all the requirements of the Con- !
'htutlon, and ought to be obeyed as :
laws. :
LSignedl d. f, WILLIAMsON. {