The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-21
rhe RnIeI,, pozen DeelsiOn.

,own under an act OF the Legislature
pa,seI last winter. The case has been
heretofore explained in our columns, and
we presume those of our readers who
take an interest in it are familiar with 1t.
The removal was resisted on the ground
that the act was invalid; and 1t was
claimed to be invalid because passed in
the Senate by one less han a majority oil
IA full Senate-lhe constitutional require
ment being that mo bill shall be passed
by either branch without the affirmative
vote Of a majority of the members elected
thereto" A full Senate is %, a majority
of which Is L. There being one vacancy
the number holding seats was rcd"ccu "
81. A majority Of this number Is II. Inc
bill received II affirmative votes and was
declared by the President of the Senate
to be passed.
The Court decides that the bill thus
passed is valid and the decision is based
on the ground that when the Constitution
speaks Of "a majority Of the members
elected" to the Legislature II means a
majority of those holding seats when the
vote is taken, excluding representative
districts or constituencies in which there
may be vacancies. The decision is that
the number Of the legislative body, ma
lority whereof must concur to make a
law, Is reduced by the occurrence OF tenn
pOrary vacancies and that legislation
may transpire when parts OF the State are
unrcpresGnted, without the unreprcscnted
people being counted for or against the
measures passed. Heretofore, il being
held that the affirmation Of majority OF
the whole people rs represented in tho
Legislature was required to enact law
all absent or unrepresented were counted
in the negative That is the effect Of re-
quiring majority Of the whole, and 1t has
generally been deemed u vital protective
principle OF popular representation. IN
der this decision the unrcprescnted are
lel out OF the count altogether.
The case decided Is Of local and little
consequence in itself The principle cnun
ciatcd Is important and capable Of exten.
siyc application. II being decided tina
the legislative body requisite tor enact
mcnt is reduced by temporary vacancy
il follows that it may be further reduced
by additional vacancies. There can be ne
limit to the application ofthc principle til
the margin Of quorum Is reached. "a
majority Of each branch Is q quorum
As heretofore understood this would bt
20 in the House and II in the Senate
Under this decision, with this understand
ing Of a quorum, there mightbe q vacan
Ces in the House and 10 in the Senate, DJ
concerted resignation or otherwise, whlt
those who remained being quorum
could 60 on and lay taxes, disburse th'
revenues, impose military duty, and per
form every other act Of the Legislative
power, though representing little over
fourth Of the State
But this decision unsettlcs the matter
ola quorum, about which, like the enact
ing majority, there has not heretofore
bccnany question "a majority Of each
BRANCH shall constitute quorum" is thu
language Of the Constitution. What !:
that majority? That depends on what Il
the body. The Court decides that til,
legislative body consists Of those Wit
hold seats at any given time, excluding
vacant seats from the count. To reduce
the body, and lessen the majority &C
Cordingly, ii Is only necessary to in
crease the vacancies. We have seel
heretofore that this may be done till thu
limit Of quorum is reached. But WI
find that the quorum itself is sliding AM
uncertain number; because since "a ma
iority OF the members elected" to GaCl
branch means only majority Of thOs
holding seats at any given time, We 1ar
not assume that "a majority of Gacl
branch" can mean any greater number
1t follows that ms the body Is reduced b.
the creation OF vacancies, the quorum
goes down pdr pd"m If there were bu
three members holding seats, under thi
decision two Of them would WELD th
Legislative power Of the whole body
This Is where the logic Of the Court cal
ries US. There is no escaping from thes
conclusions. Logic is logic'-thoug
judicial logic, it must be confessed,
more subtle and sublimated than IL
ordinary kind
We do not profess TO be able to iOllo'
the loarncdCourts successfully in the analy
ical intriCacies through which lis conClt
sion was reached. For example the CouI
thinks members elected must inca
present members, as distinguished lrUl
persons elected but not at present men
bers. II so the one word "members
would have meant just as much, for nj
body Is a "member" who has not bee
elected" but the provision was draw
by Mr.. LAMB, who knows what wort
mean and never uses redundant on
The supposition heretofore has been TIL
this form oicxpression was used expires
lyto exclude the idea Of any less nnmbt
than the full body-thatis, that aOill mu
have the votes Of as many rs MAORI
Of the whole body when full, althoug