The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-30
unconstisusionai Judges-About

Voting.
We reminded the Readlusters inc c'i'e'
axv that Il was waste OF time for thc'n 10
vn,,,s,r,ct the State for the election OF
,,dges. seeing that they would not during
the present session Of the Legislature nave
time enough to nominate Twelve new
sudses In caucus. and, even II they could
do that. they could not get quorum OF
R>xdIusters 10 stay here long enough aiter
their friends had been defeated IN caucus
to elect the nominces-that Is, OF course, II
the Democrats should perform their bound
en- duty Of refusing TO vote in an election OF
iudees held, rs they conscicntiously be-
usyc. In violation Of the Constitution as
expounded by the Supreme Court OF APP
peals. Let us suppose, however, that the
Rexdjustcr candidates have all been nomi-
mated. and that their election is pending.
We quoted the other day from the OFF,
cial report Of the proceedings OF the ma
t.onal House Of Representatives to show
that in that body the Democrats on occa-
sion sit In their seats and vote whenever
there II n formal call OF the House. but,
still remaining in their seats, persistentiy
refuse TO vote upon the question before the
House. We have known both the Demo-
cratic members and the Republican men,
bers. the former in Republican houses and
the latter in Democratic houses. thus 10
"filjbuster," as it is called, day after day,
and upon occasion after occasion, but never
nss nj ~ bp made
by the Speaker TO have their votes countedto
make up a quorum against their will. The
right of n member TO decline TO vote upon
any question before the House is never dis
puted. When there is formal "call OF
the House," as it is termed-that is, when
the doors are closed, and the roll Is called
for the purpose Of ascertaining who are
the abseutees-the members present all an
swer to their names, because to do so has
no other effect than TO show that they are
present, but the moment the House opens
its doors and divides upon the bill or reso-
luton under consideration, the members
who do not wish TO vote decline to do so.
They can be fined for non-attendance II
absent when formal call Of the House is
made, but cannot be punished in any man.
ner for refusing 20 vote.
We hold that the members OF the Vir-
ginia Legislature have the same rights as
the members OF the national House OF Rep
resentatives. We do not say the Democrats,
but the members. Here is the Virginia
Senate rule:
"Nine may order call OF the Senate,
send for absentees. and make any order Tor
their censure or discharge. On call OF the
Senate the doors shall not be closed against
any senator until his name shall have been
once enrolled"
A senator has this last privilege on every
occasion when call Of the Senate is order
ed. No provision is made for consuming a
member for not voting. Ii is only for alb
sence that ne can be censured; but the
doors cannot even be closed against him
until his name is once enrolled.
1t is true the rules of both the Senate
and the House provide that every senator
shall vote or be counted as voting on one
side or the other Of every question; but
this rule cannot he enforced; because the
member who docs not desire to vote, or is
bound in conscience not to vote, may re-
tire into the lobby or even outside the door,
and there remain until the result OF the
voting is announced.
But the fact is, that il the fiibusters re-
fuse TO vote upon the motion for the pend
Ing question or the motion for the previous
question, the other side can never reach
that stage Of the proceedings when vote
can be taken upon either the pending
question or the previous question. In the
Senate neither of these can be successfully
demanded unless seconded bya majority
of the senators present indicated by rising
or by recorded vote" Whether the SEM
ators rise and are counted, or the yeas and
nays are taken, neither the pending ques-
ton nor tue previous question can be or
dered by less than q quorum, If anybody
raise the question that quorum did not
vote. In the House il takes two thirds
vote to order the previous question.
Again Rule SO provides that no senator
shall be allowed to vote unless he be present
within the chamber at the time the Senate
is being divided, or before determination
Of the question upon call Of the roll. So
that IL a senator takes his seat the moment
it is announced that quorum is not pre-
sent he cannot even be "allowed to vote"
All these rules show that no senator can
be compelled to vote. He can be COM
pelled to answer when a call OF the Senate
is ordered, OF be fined, but he cannot be
compelled to vote at any time.
Again: Rule 81 provides that even when
the President is "puttinq question:" any
senator who has not spoken before to the
matter may speak to the question before
the negative is put-that is, even after the
affirmative Is put. How can vote be
forced under such rules?
Nor can the House rules be enforced
otherwise than as we have indicated. In
fact, there Is no rule in either House that
applies TO elections; and every Democrat
ought to contend for his rights in this mat
ter. Not one should allow his vote to be
made the means Of electing twelve uncon.
stitutional judges.
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The Chinese.