Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1880-02-03
For the OXroRp DEMOCRAT.

For the OXFORD DEMOCRAT
A QUORUM.
The question regarding what constitutes
legal quorum has come up several times
in both branches of Congress, who have
held rs shown by their action almost inya-
riably, that full majority OF all the meth
bers entitled TO seats In each branch must
be present To have constitutional quorum.
This question came up first in 1889. and
from data furnished In speech made by
senator Foot OF Vermont on the subject,
| lind the following Eleven States only
had ratified the Constitution. They were
entitled To - Senators. Only 20 had been
elected. New York hal not elected. The
Senate continued 10 meet and adjourn from
day TO day until twelve members were
present before they transacted any bust
ness other than 10 adjourn. Jan. !. 1890,
There being twelve States, entitled to
tweu;y-four members. Twelve members
appeared on the 9Th of Jan. and thcn 10
was regarded A. proper To proceed. The
President of the Senate being regarded as
member sufficient In character 10 make a
quorum. Nov. 2, l79t-Fourteen States
entitled to - members. Fourteen attend
ell with the Vice-Presidont, but was not
considered quorum but on the 18th an
other member appeared and business com
menccd Nov. Is. l797--Sixtecn States,
thirty-two members. sixteen OF them pres
ent but not considered a quorum but on
the 2lSt of November another attended and
business was commenced. Again Dee. ),
l79s, again Nov. Il, 1900, again Dec ls0=,
again Nov. :, 1901, and still again Nov. >,
lSl2. In the Convention forming our Con-
stitution {U. s. on motion or Mr. kiug,
voted, that not less than thirty-thrcc IN
the House of Representatives nor less than
fourteen in the Senate shall constitute a
quorum, which may be increased by law,
OH additions of new members In either
house. Il MadisoR's Debates In 1861 Mr..
Sherman presented in the Senate the fol-
lowing:
'Resoired That quorum of the Senate
consists OF majority of the Senators duly
chosen or qualified"
This resolve was denoun ced by the Dem
ocratic members of the Senate as ''un-
sound in principle, creating danger that
the power of the two Houses might be ab-
sorbed by 4 cabal-a minority or faction.
The trainers of the Constitution never in
tended that a cabal OF both or either
branches Of Congress should ever exercise
such authority as TO enable less number
than maj ority of the whole number OF its
members To do business. Their distinct
expression is that il shall not be exercised
by a less number than the majority OF the
,cAole." The resolve however was carried
because Of the fact that so many States
were in rebellion and were not represented.
ii.
M. Editor
l often hear fusionists remark that there
is variance or conflict between the opin-
ion given by the S. J. Court In answer to
questions submitted by Coy. Garce.on AMI
those submitted by the Legislature in relar
ton to what constitutes quorum.
careful examination of the opinions re-
ferred TO, and the principles involved VIII
show that no such conflict exists. In an
swer TO Gov. Garcelon's questions the Court
say that, where there are seven aldermen,
four constitute a legal quorum, and can
meet and transact business and that the
act OF three such aldermen concurring Is
legal and binding. Hence return signed
by three such aldermen IS on its face 4
valid return and should be treated a. such
By the Governor and Council In canvassing
the returns. They do not say that II the
return on its face shows that but three
such aldermen were present and acted IL
would be valid. The presumption Is
always in favor Of the correctness OF the
record and the return unless the contrary
appears. The Court then apply the same
rule to the House o. Representatives.
Seventy-six constitute legal quorum Of
one hundred and ffty-one members, aud
thirty-nine being majority of such quo
rum can pass a valid act, the presumption
being that the entire quorum acted, but
when member rises in his place, and
makes the point OF order that no quorum
has voted, that too becomes part OF the
record, and the recorded fact destroys the
presumption that . legal quorum has ACTED. |