Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-02-04
THE SPEAKER ANSWERED
Mr.. Carlisle Defends the Action
of the Democrats.
HIS VIEWS OF MR.. REEDS STAND

He Describes the Present Situation I'm
the House aud Intsrprets thsaconstitn-
tion-what the Constitution Is For.
Majority Versus Minority.
WASHINGTON, Feb A--An address to
the country explaining the position Of
the Democratic members Of the house has
been prepared by ex-Speaker Carlisle, and
was signed by all OF the nznority member,
to-day. The following is a digest of the adj
dress.
"The present situation in the house Of
representatives is so anomalous, and the un-
precedenteI decisions Of the speaker are so
full Of danger to the integrity Of future
legislation, that we consider it QUE duty to
submit brief statement OF the facts In
order that tie propriety OF tke course ws
have taken may be fairly determined. The
house met on the I'd Of December, 1850 The
same day the speaker was authorized TO APP
point eommsttee on rules, and the rules
Of the last preceding house were referred
70 the committee The committee. consist
ing Of the speaker himself and four other
members, was appointed on the 9th day Of
December and on the 9th It made a rs-
port authorzing't the speaker to appoint ali
the other committees apd defining their jur-
lsdiction- The committee on elections to
which was referred all cases involving the
rights OF members 10 their seats WAS APP
pointed on the 9th OF December.
Like Ordinary Meeting.
although nearly two months have elapsed
since the committee on rules was appointed.
hnu IA.
10 it, except the partial one made on Dee. o.
The house has been during All this time and
still Is, in precisely che same condition as
popular meeting or political convention,
in which the chairman and his partisans nb-
solutely control all the proceedings. No
measure can get before tho house for con-
sideration unless the speaker chooses TO allow
It 70 be presented, and members have no
means Of knowing in advance what they hre
70 be called upon TO discuss or decide This
Is the FIRST time in our history that a legis-
lative assembly has attempted to transacs
business Tor any considerable period without
a regular code OF rues
The Speakers Actlon.
1.-THE speaker has repeatedly refused to en-
tertain parliamentary motions. that have
been recognized legitimate ever since
the government was established, and when
attempts have been made Co appeal from
his decisions he has refused to submit tbe
I question TO the house By his arbitrary
, rulings, sustained Ia some instances by less
. than a quorum, ho has subverted nearly
e every principle Of constitutional aud pArlin-
3 mentary law heretofore recognized in tho
r house.
''Ths personai and partisan domination OF
the house was submitted TO until we became
convinced that it was the deliberate pur-
pose of the speaker and his supporters to
, proceed without rules TO oust the Demo
: oratic members whose seats are contested.
and admit their X publican opponents.
whether elected or notr Mr. Carlisle then
describes the action OF the speaker on the
West Virginia election case, already familiar
20 readers Of this journal.
what the Constitution says.
: 'The constitution Of the United States
/ provides that majority OF each hom,s
/ 'shall constitute quorum 20 do business.
Another clause requires each house to keep
a journal of its proceedings and provides
that when one-iifth of the members present
desire it, the yeas and nays snail be taken on
any question and entered on the journal
, Since the b ginning Of the government tbs
house and senate have construed the ffst
clause of the constitution quoted above to
. mean that majority of all the members
elect must be present and actually partici-
pate in the transaction OF business aud that
/ whenever, upon a call of the yeas and nays
it appeared from the journal that Less than
[ the constitutional quorum had voted on any
, proposition, the vote was a nullity, and no
further business could be done un,ii the re-
, quisite number appeared and voted Every
presiding officer Ia the senate and every
speaker OF the house. except tn present
! one, has ruled that when less than a quorum
voted on a call of the yeas and nays it was
his duty to declare that the pending bill or
motion had not passed. W hen the vote il
l not taken by yeas aud nays il is not entered
upon The journal, hutn any member makes
the point that no quorum has voted tna
proceeding is nnllty. aud the voLe must
B be taken over.
How Laws Must 30 Construed.
1T is a rule in our iurisprul nee that
, when particular construction of consti-
J tuition or a statute has been tor a long time
acquiesced in, not only by those whoss duty
{ it is to execute il, but also by those whose
s personal and property rights are affected by
it, the courts viii recognize il as the true
construction aud enforce 1t accordlnglyD -
de then quotes MIR. Reds own words ut
: tered when MIR. Reed was one oi Tue nllnor~
; ity in support Of his position. ..-.S
+ Continuing, he says: Nv hen, therefore.
/ the present speaker decided that when tho
. Official record shows on a call OF the yeas
\ and nays that quorm has not voted, he
y can count members present aud not voting.
Y and thus by hls own act, outside Of the re-
: corded vote, determine that measure has
e passed, We considered it our duty to enter
our protest in every form available to us
We are not contending for the right Of the
j.. minority 20 govern, the supporters Of the
speaker have endsavored 10 make the
!, country believe. On the contrary, we are
Y denying the right of a minority to eject
= members from their seats or to pass laws for
the government Of the people.
y He then points out the alleged evils that
could result if Speaker Reeds plan Of ac-
tion prevailed and in conclusion he sayss
constitutions are made to restrain majors-
!. ties and protect miuorities- A majority
4 ruling without limitations or restraints upon
!, its power is pure despotism, and is lneon-
i sistent with our system of government"
mr.. smith seated
WASHINGTON, Feb T. In the house tbs
Smith-Jackson contested election case again
4 came ,,, and after A spirited tight. during