The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-26
rhe eath Rnle-onoe More.

Tho state. unless they can Afterwards ''i'p
ont the present judges and put in others!
None that wo can sec or imagine 'an
they agree upon and elect dozen new
judgcs at the present session! we 10 not
believe Il possible for them TO do so; Dc
sousc VIC do not believe that they can IN
suce Yeadjusicrs enough form quorum
4. rmain IN the city two weeks longer;
and A. to The Democrats, We regard II a.
s.stled beyond dispute by the very words
a thc GOTH rule that no members vote can
hr counted In The case OF an election unless
he casts II We hold that the G9th IL an 'in-
constitutional ruic; and ought never 70 DC
attempted 10 be enforced, because no one
az the peoples representatives has the ilght
70 compel any Other one OF the people
representatives b. vote either when ne con-
soieutiorsly holds that he has no right 10
vote, or upon any other occasion. bu'
waving the point of constitutionaIity, let
us for the sake OF argument conccdo that
the rulc NAV be enforced when the ques-
ton beforc tho House Of Delegates Is upon
the passage Of bills or resolutions ana
then let No ascertain whether IL can be en-
forced in the case OF elections. We think we
mead only reproduce the Goth rulc in order
10 convince every fair-inindcd man that II
cannot be twisted or tortured into shape
tha, will make II apply TO elections. we
quote that rule. II is as follows:
"Upon division OF the House on any
Iar t,-in l.
iaiis 10 vote shall. on the demand OF any
other member. be counted on the negative
IT the question; and, when the yeas and
nous arc taken, shall in addition he entered
upon the Journal a. present and not N0-
fling"
Here arc two distinct provisions. The
nrst ends with the word "qucstIon IN
the fifth line. +, applies, ~ il shown by
the other clause Of the rule, only to such
divisions Of the House a. are made without
Ealing the roll. Ii member does not rise
ou one side OF the other when the Speaker
requests, he may be counted in the mega
tive under The first clause OF the rule as
quoted above. We take it for granted that
nobody viii pretend that that clause couid
POSSIBLY be made 10 apply 10 an election
wherein The vote il taken by rol!-cal. II
ANYBODY has any doubt on this point, it
VIII be removed when he reads the latter
clause Of the rule. Il il ~ follows:
"And when tho yeas aud nays are taken
snail IN addition be entered upon the Jour-
nal a. present and not voting
"In addition TO what! Why, In addi-
ton 10 being counted on the negative Of
the "question." The words send 'chca
INC yeas and rays ave taken prove con
clusivcly TINT the preceding words OF the
rule apply only 10 votcs taken by rising and
Standing until counted" That single
word counted" shows that il H. only to
questions taken by "rising and standing
until counted" that the first part OF the
rule applies. II IL, therefore, too clear for
dispute that chat clause OF the rule does not
apply to elections. 1t applies only when
there is n count and no record made OF 1t.
Now, does tho latter clause apply to cleo
tionsy Certainly rot. Written out in fall,
il reads as follows:
"And when the yeas and nays arc taken
shall in addition 10 being counted on the
negative side Of the question be entered
upon the journal ~ present and not N0-
fing."
The matter at issue is thus reduced 10 the
following simple inierTogatory Does the
word "Tucstion Yin the Goth rule include
elections? Certainly not. That rule ends
as follows:
"But no member who has an immediate
and SPECIAL personal interest in the result
Of the question shall either vote OF be- count
I'd upon it,"
Do not those words show clearly that the
rule does not apply, and was never mtcnd-
ed TO apply, to elections; The Senate has
Z similar rule-nameIy;
"But no senator shall vote on n question
in the event Of which he is Immediately
and personally Interested"
When the committees were being elected
in the Senate, Mr.. RipDLEBERGER laughed
30 scorn the idea that that rule deprived
him OF the right to vote for himself
The next rule OF the House OF Delegates
is Of course the 10Th. The 10th rule reads
rs follows:
"When q question has been decided, Il
may be roconsidered or the motion oi any
member WHO voted with the prevailing
side: provided it be made within
The next two days"
Now, hasn't tIh word "qucstion" cX-
actly the same meaning in the 10th rule that
it has in the Goth? And If so, would it not
30 absurd to contend that the election OF II
Judge could be rcconsidered two days after
il bad taken place:
Finally, VIC quote Mr.. RIDDLEpERGER.
IN the Senate on the 18th instant, when the
eIcctiou Of judge was going on and the
roll was called, all the Readiustcrs, less
ihan quorum, having voted for ATKINS,
and the Democrats, though present, reiu-
.ipg 10 vote, Mr. RIppLEsEEGER is reported
~ follows
In view Of the difficulty Of getting q
QUORUM by actual voting Mr.. Riddebergcr
offered a resolution that the General A.
sembly viii adjourn to-day at . L. Al. Mr..
Ri1dlebcrgcr sought 10 put the response
hilfty upon the Democrats for failure In
these elections, because they refused to
vote 10 make "A quorum. He stated that
certainly there bad not been q quorum in
the House ON the last two elections. The
Democratic members % the House would
not vote even Mo-; would not answer
at al. The legality OF the election OF these
Judges might be questioned.
Again Later in The day Mr.. RIDDLE
IBB6ER IL reported as follows:
"Mr. Riddlcberger, while seconding the
domination OF Judge Goodwin, warned Lis
n; Yty friends of what he considered dan