Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-15
What il n Quorum!


What il a Quorum?
The provisions Of the con. ,itu,ion of Maine
relating to quorum in the House OF Repre-
.enta,ives are, first. art. I, part first, sec. 2 :;
The House Of Representatives shall con-
.i-t Of one hundred and fifty-one members
and second, art 1, part three, sec. 3 Zach
house shall be the Judge Of the elections anil
qualifications of its own members, and ma
jority shall constitute quorum to do bush
ness"
The law relative 10 Il quorum may be stat
ed in a single proposition TO be this--where
body is constituted Of a defHite number, a
majority of that number is necessary for a
quorum, but where constituted of an indeh-
mite number those who appear may act-a IA
miliar illustration of the latter is found IL
the election of representative to the Leg
-la,ure by the inhabitants of town; those
inhabitants who appear may legally elect,
though bu. q small minority of the voters in
the town; illustrations Of the former will be
found in the case of the House or Senate,
a board of aldermen or board Of directors.
our constitution follows the common law in
prescribing that majority shall constitute a
quorum: the rule is fixed and without the
provision of the constitution referred TO
the construction would be the same and a
majority of the definite number (l5I would
be required for quorum.
Did not Governor Garccion and his Council
deny certificates to cities, because they said
a majority of the whole board of aldermen
had not signed, II u majority of the existing
members could make quorum, how did the
Governor and Council know that three was
not n majority Of the existing members?
The court in their answer to Governor Gar
ceon assumed that there must be four alder
men of the seven present to make a valid re-
turn, and the the court says by way of quota
ton. bodies composed of definite number,
act by maiorites of those present. iding
those present constitute majority of the
whole number" and they cite as authority,
Danes Abridgment and Dillon on Municipal
Corporations. BOW. Law Die. Quorum,
SAYS There is n difference between an act
done by definite number of persons and one
performed BY an indefinite number; in the
first case majority is required to constitute
u quorum. unless the law expressly directs
p. 35e, the doctrine is stated thus
There is distinction taken between
IA corporate act to be done by a select and
definite body. as by board Of directors, and
one to he performed by the constituent mem
hers In the latter case majority of those
who appear may act. but in the former ma
iori,y Of the definite body must be present.
Again in Blackstone's com. Chase's edition
p los where corporate acts are to be
done by definite number of persons, As for
instance. the trustees or directors. a majority
of this whole number is necessary to consti-
tuie a quorum.
The authorities establishing the above
propositions are too numerous for citation
but the law is so clearly summed up in An
CELL aud Ames on Corp. sec. sos that I quote :
According to the authorities afforded bv the
English banks relating to municipal corpora
tons, there must be present at a corporate
assembly (besidcs the President) majority
of each integral part if composed of definite
number. A>n NOT MERELY MAJORITY OF
rHE SURVIVING OR EXISTING MEMBERS OF
EACH CLASS INDEED II THERE RE not a sur-
rtriag majority Of the constitutional Numbers
saa be formed and the functions Of errry
meefrHg ~ ~h,eh that class ought TO pa,1ict-
pete are suspended"
This law is clear and unmistakable and ap-
plies to the construction of our constitution !.
the number of Representatives is definite. -
and by the constitution of the State and the
common law it takes a majority of that def
rate number to constitute quorum
The Supreme Court in the answer before
referred 10 saw The whole number of the
House of Representatives established bv law
( Is Isl. = majority, that is. IS members con-
stitute aduorum to do business" To show how
closely this opinion follows those heretofore
expressed by our court. quote from the opin-
ian of Judge Vim. Z. Preble in answer to
questions by House of Representatives found
IN the Me 1876, he saws The House of Rep
reseutatives shall consist of a fixed number
TO he determined within certain limits bv the
! legislature. nothing less than a majority of
the whole number as fixed and determined nv
the Legislature shall constitute a Quorum -
But squareiv to the point without apy nos.
sihility of mistake. is the opinion q. Chief
Justice Mellen gwen to the acting Governor
IN l>sso. rhss fAe Senate ras contributed of
But sscerfs members under the first appor-
'ionmeui He says. 6 Maine. page SIS "a Senate
oaHHof erfsf for the purpose of dong bnsi-
sess Wsiess composed Of eierea Senator's at
least. and such Senate can &C, onlv bv vote.
and decide only by the power Of major vote
Of the constitutional quorum Bearing in
mind that at the time this opinion was given
twenty vas the full number of Senators, the
force of the above opinion will be seen.
IL does no, admit Of q doubt or bubble As to
the construction given. Can the members
OF the fusion House of Representatives in the
face ofthis array of authorities think for an in
slant that they can do 4 single act that will
stand the test of such Law while they act with
less than Is members: Let them be assured
they are deceived BY mel who hope to shife
the responsibility of action upon them while
the rewards OF oftce fall into their own hands.
v~N