The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-05-11
rinbustering--Again.

II j. not a matter Of great importance
,,ss now TO know whether In the Virginia
uousc Of Delegates minority can NH
hustler without any danger 81 being fined !;
for Il IL to be presumed that the LegisIa-
ture hast In session win never return hitner'
ar n n shall do so, that the majority VIII be
in . frame Of mind very different from that
which characterized them during the TWO
sess,ous already held. Nevertheless, As
General MALONE may desire third session
n the House Of Delegates to be held, and
AZ the Democrats may possibly be stu in
the minority, we win say afew more words
on the subiect-this time In reply TO that
sound Democratic Journal the Alexandra
Gazette, which says;
"As the rules OF both houses Of the Gen.
cral Assembly provide that members pre-
sent and not voting shall be counted rs
though they voted in the negative, and a'i-
tborize the presiding officers OF those
houses IN determine which shall be the ne
gative side In the case OF an election, ana
rs those rules also provide for compulsory
attendance Of members, the Democratic
members OF that body. at itsreccnt session,
when by their votes they made quorum,
and thereby enabled the Mahoneites to
achieve some Of their injurious measures,
were not blamable, rs many, misled ana
unacquainted with those ruies' suPPoseu
they were. They knew that negative vote
was equivalent TO an affirmative one, but
under the rules they were compelled 10
cast It,"
One rule provides that members vote
shall be counted in the negative-an I'M
constitutional rule, no doubt; but let that
pass. We concede that point. But no
member is compelled thus to cast his vote.
He can at any time vacate his seat and step
out into the lobby, or outside the door;
and we can imagine nc good excuse for
auy Democrats neglect to do so when a
bin which he regards as an outrage
upon the people and violative OF the Con-
stitution Is about to be passed by his vote
for example, the bills TO amend the charter
of the city Of Norfolk, the bill to turn out
the circuit judges, and the bill providing
for commissioners to sell lands, &c. Our
impression is that these and scores OF other
bills were passed by Democratic votes. We
on unimportant bills, or those in which
nothing but questions OF expediency are
involved; but when, as they professed to
hold. the Constitution is to be violated
by the aid Of their votes and could not be
violated without such aid, then surely
Democrat ought rather to resort to all al
lowable measures, il not to resign his seat,
than to cast his vote and by casting it
actually pass bills which could not other
wise become laws.
We repeat what we have heretofore said,
that the members Of the House OF Dele
gates cannot be punished in any way II
they should retire from the hall. They al
ways know when the Clerk is about to call
the roll. 1t is true the Constitution pro-
yides that in each house less than quorum
shall have power to compel the attendance
OF absent members, but this "'must be done
I'm such manner and under such penalty as
each house may prescribe that is, pre-
scribe beforehand. The punishment can
not be by a resolution eI post .fdcto. 1t
must be under a rule existing when the
offence is committed.
Now, no member can be fined for
absence at any other time than at formal
roll-call or call Of the House. That is the
only lawful method Of ascertaining his alb
sence. His absence or refusal to vote when
the question is upon the passage OF resolu-
ton or bill is not Unable offence. The only
Unable offence is absence at call OF the
House. This call Of the House is ordered
Immediately after a vote by yeas and nays
has disclosed the fact that there is no quo
rum voting. When the roll is called the aD-
sentees are noted, and then, and not till then,
the doors are closed. III the members come
inside the hall and answer to their names
at roll-call, there is nothing else to be done.
That is the end Of the matter. III, after the
10 vote, and call of the House is again or
dered. they can repeat the same process.
IL is done in the national House OF Repre-
sentatiyes whenever either side chooses to
filibuster. We mean the members refuse
to vote whenever they choose to do so and
are never fined for such refusal.
Read the rules Of the House, and then
tell us il it is possible for member to be
fined II he chooses to come into the hall
when call Of the House is ordered and
goes out as soon as he has answered to his
name? The rules expressly provide that
the doors shall not be shut until the
roll Is once called over and the absentees
noted, and the names Of those absentees
again called over. "The doors shall then
be shut" BY that time no one need be
outside. Who can be taken into custody
Nobody that is inside. Only those who
shall afterwards "appear," or are sent for.
Who can be fined? Nobody except those
who are in custody, and these only after
their discharge from custody; and this
filming can be done by vote Of the House
only.
------
Undoubtedly. Even in 60 nomine can
be defended upon the best authorities
Viii