Middlebury register. (Middlebury, Vt.) 1886-1937, 1890-02-07

on outside and apparently Indifferent
questions. Take them ali in all. | think
the Democratic minority are the most ac-
tive and thorough set of legislators |
have ever known. They can't be beat.
They take Il great deal of interest in each
subject that comes up, argue it with
much spirit, when permitted to. and in
deed they do pretty well when they are
not permitted, and then, with prudence
that is really quite remarkable, to pre-
vent any possible error they insist upon
yea and nay vote. The Republicans
are not so cautious. It's the Democrats
that are so particular. q
But why is all this eagerneS and noisy
action, for | must remark that the order
of the House is somewhat peculiar. In
deed, to one who was not acquainted
with all the beauties of the intricacies of
arrangement by which hundred men
standing together are enabled to all talk
at the same time on perhaps as many
different subjects, it seemed trifle in the
nature of disorder. 1t was apparently
the same kind of order that exists at a
bourse, where everybody yells for all
he's worth and little more, gesticulat-
ing wildly at the same time.
Well, in the first place, and perhaps,
probably in the chief place, the House
has no rules. But why has the House
no rules? TO this question there are two
answers, the false one and the true one.
The facts are that the House is now en-
teriDg upon its third month, and that
never before for any such length of time
has any House of Representatives at
Washing ton been without rules. The
false reason is because Mr.. Carlisle,
Democratic member of the committee on
rules, did not attend one of its meetings.
The true reason is because the Republic
can majority do not want any rules until
they can unseat some 10 Democrats,
more or less, and seat Republicans in
their places.
And the second reason for the peculiar
state OF Iorder that now reigns in the
House is that its speaker has attempted
and is attempting to assert an extraordi-
nary power. which certainly has not been
before exercised, and which many believe
to be wholly unconstitutional and there
fore destructive of our whole system of
government. What is this power? 1t is
this: TO count as present for the sake of
making up quorum those who are pres
ent but do not vote. The constitution
requires that there shall be "A majority of
the members elected to constitute Il quo
rum, and that no business can be trans
acted without quorum. 1t also pro-
vides that the yeas and nays must be
called at the demand of onc-titth of the
members. Hitherto, since the govern
ment was established till now. when the
question of no quorum was raised, and
the yeas and NAYS demanded, that uues-
ton has been decided by that vote. If
the roll-calI did not show quorum, bust
ness has been suspended till it did. This,
too, has been almost the universal Gus
tom in all The legislatures. No exception
is to be found at Washington, but there
was one in the New York State Senate,
where Gov. Hill decided that he could
count those present not voting, and an
other similar case in Tennessee under
Democratic rule. In the present case the
speaker announced the vote 16l yeas, two
nays (two short of quorum, and then
proceeded to instruct the clerk to note
down the fact that certain members were
present without voting and that they,
with those voting, constituted quorum
| and that the measure was passed. From
this decision the Democrats took an APP
peal, and then the peculiar condition of
things began.
The Republicans claim that if folks are
present they are present; that it is a
question of fact, and that the speaker
has a right to decide that fact Right
here, as it seems TO me, is the fatal weak
ness of their position. Who gave him
this right? The constitution does not
the House has not. Custom, which is
always considered nearly as binding IA
law, forbids it. The Legislature is a DELHI
erative body. or should be. Every mem
Der has equal rights. \ speaker is cho-
sen to preside over the assembly. \ clerk
is elected to keep the journal of proceed
ings. The speaker has nothing to dc
with this journal; it is the journal of the
House, peculiarly sacred, for it is the
government of the country
| remember at our Vermont Legisla
turc in 1856 the then speaker of our House
Mr.. GrOut. at the demand of the railroad
power of Vermont ordered my name tC
be stricken off the roll and the clerk was
subservient enough to do it. 1t was a
the tiuue when, owing to the fact of my
having been postmaster, | could moi
take the oath. But the railroads were
afraid if my name was called | would
vote, and no one would object, and Sc
they took this way to head me oil. o.
course Mr.. Grout had no more right tt
change the roll of members than a THE
has to steal. The roll is made up by thu
proper dulDOIlllcS from lllt tTtutuildl
sent by the different towns. My ere zen
tials were as perfect rs any. My nam'
was on the roll. SO the clerk (Mr. Stick
ney of Ludlow told me in the morning
but he came to me at | o'clock To say tina
Mr.. Grout had ordered it of and that h,
would have to obey. Have to obey. Thi'
illustrates the manner in which corpora
lions control speakers, and how speaker
will undertake to do their dirty wOr k
even at the sacrifice of their integrity
Are the corporations behind Speake
Reed?
Whether the House by rules woul'
have the right to give this arbitrary pow
er to the speaker of deciding whethe
there was quorum or not is anothe
question, and one perhaps that could ON
~ be decided by the Supreme court
where the decision might or might no
be correct, but it would be final and l.
that extent correct. Whether any powe
that now exists by which a minority ca
block, and in that way perhaps defea
legislation, ought to be taken away fror
them is still another question. The pres