The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1869-06-01

members actually elected snould De only
ninety, yet when they meet and organ
ize they would constitute the "House"
beyond all question, and two thirds OF
the House." by the express language
Of the Constitution, would form quo
rum. Or if one hundred members be
elected and take their seats, and ten of
them afterward die or resign, the re-
naming ninety would constitute the
"House." This is necessary law to
all legislative bodies; for full numbers
can seldom be maintained. Therefore
the ssHousc," under either Constitution,
does not consist of the whole numbers
elected or authorized by law to be elect
ed, but Of the whole number Of actual
members.
If, when the House meets. there be
one hundred member elected and quail
flied, it would require sixty seven to
constitute the quorum. If. on the next
day, two members should die, the re-
naming ninety eight would constitute
the "House," and two-thirds of that
number--sixty six would constitute
the quorum. If, on the third day, forty
members resign, the remaining fifty. eight
will constitute the House, and forty will
constitute the quorum. The number
NCCCSSdIy W COIStttuGO ddOAuA "AAAS
therefore, change from time to time with
the actual embership, of the "House."
The quorum is intended to maintain
proportion of members present to the
actual membership, and not to the num-
ber of members authorized by law to be
elected.
Section 1e Of Article w reads as fol-
lows: s.Every bill shall be read by Sec
tions on three several days in each
House, unless, in case of emergency, by
vote of two thirds of the House where
such bill may be depending, it shall be
deemed expedient to dispense with this
rule The corresponding provision in
the old Constitution of 1916, was in these
words: "Every bill shall be read on
three several days in each House, un-
less, by vote of two. thirds of the
House where the bill may be depending,
shall deem it expedient to dispense with
this rule" It has never been the prac-
tice, under either Constitution, that the
suspension Of the rules required sixty
seven votes in the House or thirty four
in the Senate, although the phraseology
is precisely the same with that employed
in the eleventh section of the fourth ar
| ticle, which declares that "two-thirds Of
each House shall constitute a quorum
to do business" If the phrase "two-
thirds of each House" means sixty seven
members in the House ofRepres entatives
and thirty four in the Senate to make q
quorum, it would mean the same thing
for the suspension of the rules, which
has been settled the other way.
BY section fourteen of article four,
two thirds of either House may expel a
member. If by s'two thirds of either
House. is meant sixty seven votes in the
| House and thirty-tour in the Senate,
then a Representative could never be ex-
PEELED by less than sixty seven votes, or
u Senator by less than thirty four votes.
which is not contended for by anybody.
Ii it were so, and the House Of Rep
resentatives were reduced to sixty-seven
mem bers, it would require the vote of
every one to expel member for cor
ruption, including that of the culprit
himself; and his exp ulsion would destroy
the Legislature. But it is said this view
can not be maintained, because by the
twenty fifth section of the seventh arti-
Gle of the Constitution it is provided
that "a majority of the members elected
| to each House shall be necessary to pass
every bill or joint rsolution." That un
der this section fifty one votes would be
required to pass a bill, and therefore
that the quorum could never consist OF
less than fifty one members. 1t will be
observed that the language Of this sec
tion is entirely different from that OF
the ele, enth section, which provides fox
the quorum. The eleventh section, de-
clares that 'tyo-thsrds of each House shall
constitute a quorum;" but this section
declares that ga majority Of all members
elected to each House shall be necessary
to pass every bill or joint resolution
This, therefore, is an independent anG
arbitrary provision, regulating the fina
passage Of bills and joint resolutions
and has nothing whatever to do with til,
question of the quorum.
Again, in section IA of 5th Articl,
the votes Of a''maiority of all the mem
bers elected to each House" are required
to pass bill over the Governors veto
Ir tue 1st Section Of Article 16 the Leg
islature, by the votes of ':majority o
the members elected to each of the two
Houses may submit to the people prop
ositions to amend the Con stitution. AnC
again, it is provided in the 7th Section
of Article 6, that State officers may b,
removed from Office for crime ,incapacity
or negligence, by impeachment or join
resolution, "two thirds of the mem ber
elected to each branch voting, in eithe
case therefor" 1.-TWO thirds Of the mem
bers elected to each branch or house il
very different statement from ''twt
thirds of each house," and is obviously
used in a different sense. 1.-TWO third
of each house refers to its present o
actual condition, while two thirds of tn
members elected to each branch" o
house refers to the number original,
elected, but which may have been re
duced by resignation, death or extu
sion.
It is two thirds vote in each case
but two-t thirds of different aggregates
In the one case it is two thirds of tn
actual membership of the House, wheth
er it consists of one hundred or sixt,
members. In the other, it is two-third
of the members originally elected whic]