The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-18


But IN the matter before rs, OF quo
S,ses. II Il not at all necessary that a mem,
nor should vote, az the Constitution and
shc House rules only require thata quorum
should be present, and that is providco 10.
l,y Rule 60, that members may bs renor"eo
A. "prescnt and not voting.'-- Whg'
stand by the record. The state Constitu-
zion gives to the Virginia House OF Delegates
10 power which the Federal Constitution
Goes not give 10 the National House OF Rep
yseutatiyes. 1.-The Constitution and the
Houso rules only require that quorum
,bsll be present. True for you, and when
ever an sttempt Is made 10 compel a mem
ner TO vote, an attack upon his constitli-
,ionaI rights is made. But RUIZ 90 says
rot word on The subject Of quorum
It's language is as follows:
"Upou a division of the House on any
<sesfion, member who IL present ana
Tails 10 vote shall, on the demand of any
other member, he counted on the negative
If the question; and. when the yeas and
AUS are taken. shall in addition be entered
apon the Journal as present and not Vot-
ing"
The reader will sec that under this rule
4 members vote may. be counted in the
negative upon "ony question " which may
arise at any time, whether there he quo
rum voting or not. II such rule Is con-
sfitutional, and can be enforced, the Demo-
Gratis might, for instance, demand on any
day thst all the Resdjusters present and not
voting upon "opy question" coming up
should be ms lie TO vote in the negative, and
might thus consume much OF the time OF
either housc--days aud days. perhaps
and also compel those same Resdjusters to
PASS bills they were opposed 10.
The Wing secs the injustice Of Mr.. Fow-
LyR's construction OF the 69th rule, and
argues that its purpose Is only TO show that
quorum is present. But we have seen
that that rule says not a word touching
quorum. However, let US concede that
the object Of that rule is to show that a
quorum is present. Where, then, can be
found the least justification for The Speakers
ruling, which compels members not merely
10 make up quorum, but causes their votes
10 be recorded for candidates for whom
they have not voted, and do not wish to
vote, and absolutely refuse to vote; and
thus compcls the peoples representatives
against their protest 10 elect TO Office men
70 whose election they are bitterly opposed,
:nd to turn out officers whom they con-
Scientiously believe the Legislature has no
right to turn out? Was such wrong ever
before attempted to be perpetrated upon
she members Of legislature
The truth is that the rule was never i'll
tended to apply 10 elections. lie language
shows this. II was intended to apply only
90 bills. resolutions, or questions having
distinctly negative and affirmative sides.
10 was not meant 10 apply TO any question
upon which the two houses divide in COM
mon. In word, the rule was never meant
nor expected TO be applied to elections
made on Joint ballot. II it applies to the
election OF judges, it applies to the
election Of United States senators ;
and IL it applies to the election of
United States senators, the Democrats
.nd Republicans could in 1879 have been
compelled TO elect General MALONE against
their will il they had chosen to decline to
vote. Mr.. WINGfIELD and perhaps some
others voted for General WIcKHAM, the
Democrats voted for Colonel WRITER'S, and
,he Read usters voted for General MALONE.
Is the election had failed for want OF a
quorum, would the Speaker have ruled that !
General WIcKHAI was the "negativc" of
HE question? Or would he have conferred !
That honor upon Colonel WRITER'S! To ask
such question is to show that Mr. F0w-
iER's ruling is wrong.