Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-17
tD~rating Members

II seems That minority House Of Rep
rescntativc- are trying to- prnptf-rp.r q
majority by un-cotiug republican nrm-
hcrs that n" elected and ccrfi.icnted h,
the Governor and Council and seating Flu
sinnists who were not elected or ccrlli-
Gated. And thi-. Gpuc when l,-S than -.
quorum To do business. arr present and
acting and what j. still more remarkable.
speaker Talbot rules thlt this proceeding
is valid and binding. and that less than
quorum can uH>clt member aud put an
other in hi+ place Ky what authority or
what process ct reasoning he arrives ut
this result. he does not cuudc>ccnd to IN.
firm the public All the power Of Il
House of Representatives in relation To-
seating or unScatng itS own members, j.
derived from the constitution. art t. part
third ste ,. which provides that leach
House shall be the Judge of the elections
and qualifications "t it, own memhers.
and majority dtH constitute quorum,
10 ID business
1t is settled law that in a body composed
of fixed number, n the House ct Rep
resentatiyeS of Maine is. quorum is Il
majority of the whole tivcl number. l5I
in this ease.
Ry the above provision OF the cou,tjtu-
ton. Is is necessary to do any business.
NJ matter what II may i've This priuci
pie begins ut the very start of the House
goes to the roots and extends through the
whole extent of its proceedings. aud At
every point aud every step. there mus; be-
80 members present and acting, or the ac-
ton is void. Is il not doing "baSi4cS>'
when a Speaker is chosen - preside over
the body. and is clothed with power t.
rule on the most important questions and
to order members arrested and brought in
to the House And vet only - votes were
east for Speaker Talbot and no others werr
present aud acting. We maintain that he
was not elected Speaker. that the proceed
ing Was void and there i NO Speaker over
the minority House.
The same reasoning applies To the Clerk.
who i entrusted with the important aud
delicate ''blsS50cSs" OF recording the pro
cecding> at the House When there
is any House Now int ccnyea-
tam vt members elect tn the House.
without any Speaker OF Clerk. cou>titu-
tionaliy elected there i M organization.
3a He's>t within the meaning Of the con
>,itution. Ii j. thc House organized ac-
cering To the constitution by the election
ot Speaker and Clerk lbs the vote of -
members rur>cnt and acting. that the
constitution means " hen it saws that each
House shall bs' the Judge III the elections
and qualifications ot H. OWE members. II
does no, mean a mcr, uuorganized minor
ity Of mcmber>-elcct in convention withou,
ANY Speaker and Clerk Bat The un>cat
ing Of a republican yesterday, and seating
= fisioui>i in his place. WAS done bv This
unorganifed minority. and j absolutely
void. Bu; wha; i equally or more fatal
in this high-hande,l proceeding is this
Suppose the House WAS con>,i,a,ioually
organized by the election If Speaker and
Clerk by full quorum present and acting.
could member be unSeatcd and another
seated in his place without = quorum If
.6 present and acting on that question
The constitution declares that majority
shall constitute quorum to do business.
Then any number less than quorum can Z
not do business ''-aav business Is
il not ''osssaeSS" 10 unseat a member and
sea' another in his place --"baSiacSs'' too.
OF the mos, vital Importance, reaching and
affecting the sacred RICH, ofirauchise and