Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1882-05-30
VOLUME XVII.

81 ..4. a.l7.-
The Richmond State affilms the prop
osltion that Parliamentary Law. as
laid down by It's ablest commentators
and Interpreters, is the base upon
(which all legislative bodies must be
founded, and when tried by that test
and found wanting, these rules cease
to be of any binding force and must
fall to the ground"
In another portion of the same article
1t says that no rule adopted by the ma
jori'y can annul any of the established
precedents any more than it can over
ride OPPOSITION of the constitution. In
short the state afllrms that the general
principles of Parliamentary practice
make the constitutions which no leqisla-
tfre 6oiy can SET aside or moditb. gTWa n
or comsc the proposition is so mon
slrons that it oughtnot to be treated with
the dignity Of discussion, save for the
reason that the subject is one which the
STATE has not Studded and that its con-
ceded ability on other qnesions may
cause others to be misled. According TO
the State's view, Parliamentary practice
must be sn opposed to be uniform. This
Is known to be most notoriously incor-
rect. In many respects the English
Parliament and the American Congress
are at downright variance in their prac-
tice. The Legislatures of the American
states differ notoriously and Wiley in
their practice. True cnongl, parinmen-
tary practice has for one Of its objects
the protection ofmlnorlies. Rightly so.
But 1t Is equally true that another of its
objects is the preservation of the rights
of mJorllcs. A point which the State
seems to misunderstood Is that not one
rule of the present General Assembly
was adopted chm yed or modified by the
Readiuster party. Tho whole system of
our rules is the work of the Fundcr par
ty.
It oughtto be well known that The
enc rule which most abrldges the rights
of the minority is lhc.Onc giving a bare
majority the power to enforce I'M immc-
diaIe vote on the Pending Question.
Now this Is an Interpolation into the
general spirit of parliamentary law.
Yet II was Injected into The Rules Of our
House Of Delegates by the Fuudcr par
ty. Again, It the SUte'S idea Of u
parliamentary constitution conld prevail,
tic finest bnlwurk for the protection OF
mlLorilirs IN our House of Delegate
would disappear The Previous Qucs-
lion can he enforced only ny u two
thirds majority. General parliamentary
law aud usage would place Ills whole
sale gag-Wcap0n In the baud OF u bare
numerical majority; 80 that the power
TO debate ms Wella the power TO amend
would he gone II the Stdto's id9 Of n
constitution could prevail the Pendug
Question rule would lnvc 10 be- cSpungrd |
Ms n l'undrr outrage aud the Previous
Question rule would have to be nGltcril
ally changed
Now we wish To- declare 10 the .SidtG |
that general parliamentary law Is to
special rules what the common law ~ 10
law. Where stululary law
fails to reach or provide for Il cusc, resort ,
lshad to prercdruls and authorities un-
der the Common law. SO when the spc-
cla rules Of any legislative body fail to
reach or provide for u ease resort Is had
to prceedcnIs and authorities under gem
cral parliamentary law. Mr.. Jefferson
wrote his manual Just MS Blackstone
wrote his commentary. Neither oflhcm
had either the power or the inclination
to yoke posterily with hi, treatise aud
declare II 10 be constitution which they
could neither annul nor modify.
lIut just Ms Il Is done IN stalutNly law,
the rules of our House Of Delegates de-
clare that Jcilerson'smulml shAl gov
crn the House only inthosc cases where
II Is not inconsistent with the Rules Of
the House The effort Of the STATE to
have the practice Of Congress or of the
New York Legislature to override the
special rules of our own General Assem-
bly, Is so prcpostcrous, outrageous and
absurd that the public ought not TO be
afflicted with II even In homeopathic do
scs. . .rr--
10 thai portion Of the public who may
be willing 10 reflect dlspasslonately aud
to decide fairly, we ought 20 saw that the
Rules Of our House and Senate both
provide positively that efforts to defeat
h quorum by rcflmlng to vote, or by alb
,cnlcclsm, can be aud should be treated
IN the interest Of legislative
buelncss. Each Senator aud Delegate
stands solemnly scorR 20 enforce aud sub
ME 10 these rules.
Aud these rules, bear IN mind, were,