Los Angeles daily herald., 1890-02-05

The American House OF Representative
has been during all this time, and SILL
is, so far as rules for it's government are
concerned, in precisely the same con
dition as popular meeting or political
convention, in which the chairman and
his partisans absolutely control all the
proceedings. No measure can get before
the House for consideration, unless the
Speaker chooses to allow it to be
presented, and the members have nc
means of knowing in advance what they
are to be called upon to discuss OF
decide.
This is the first time in our history thai
legislative assembly, or even public
meeting, has attempted to transact bust
ness for any considerable period without
a regular code of rules prescribing the
order of proceedings, and the inconven'
ie ICE and injustice resulting from such
attemLt has been forcibly illustrated in
the present instance. This personal and
partisan domination of the House was
submitted to, though not without re.
peated protest, until we became con-
viDced that it was the deliberate purpose
OF the Speaker and his supporters to pro-
ceed without rules to oust the Democratic
members whose seats are contested, and
admit their Republican opponents.
On January Goth the Committee on
Elections called up contested election
case, and the Democratic members de-
termined that in the absence of rules it
should not be considered if they could
prevent it by any proper parliamentary
proceedings. Accordingly they raised
the question of consideration, demanded
the yeas and nays, and on the call of the
roll, refrained from voting. The result
was that less than constitu-
tional quorum voted, but the Speaker,
in violation of the uniform
practice of the House for more than a
century, proceeded to count members
who were present but not voting, and
declared that the House had decided to
take the case up. From this decision an
appeal WAS taken, and on motion to lay
the appeal on the table the yeas and
nays were teken and less than quorum
voted but the Speaker again counted
members not voting and decided the
motion agreed to, and his ruling was
thereby sustained.
The Constitution Of the United States
provides that q majority OF each House
shall constitute quorum to do
business; but smaller number
may adjourn from day to day
day, and may be authorized to compel
the attendance of absent members IN
such a manner and under such penalties
as each House may provide.
Another clause of the Constitution re,
qures each House to keep journal OF
its proceedings, and provides that when
one fifth Of the members present desire
it, the yeas and nays shall be taken on
any question and entered on the journal.
Since the beginning OF the Govern
ment under the Constitution, more than
100 years ago, the House Of Representa-
tives and the Senate have uniformly con-
s!rued the first clause Of the Constitu-
ton quoted above to mean that major
ity of all the mem bers elect must be
present and actually participate in the
transaction of business, and that when
ever upon the call of the yeas and nays
it appeared from the journal, which is the
only official record, that less than a
constitutional quorum voted on any prop
osition, the vote wss o nullity, and nc
further business could be done until the
requisite number appeared and voted.
In order to secure certainty and stabll'
ity in the administration of law, it is g
rule in our jurisprudence that when
particular construction of the Constitu-
ton or a statute has been for long time
acquiesced to, not only by those whose
duty it is to execute it, but also by those
whose personal and property rights are
affected by it, the courts will recog-
niz3 it as the true construction.
Even if this were an original
question it would not be difficult
to sh ow that practical construction Of
thee onstitution which has prevailed in
the House and Senate for over hundred
years, is the correct one. Speaker Reed
himself, when of the minority on the
floor OF the House, stated that to be the
true meaning and true philosophy of the
Constitution when ne said: "The consti.
tutional idea OF quorum is not the pres
euce of a majority of all members in ths
House, but majority of the members
present and participating in the business
OF the House. 1t is not their visible
presence, but their Judgment and vote'
which the Constitution calls for"
General Garfield, Mr.. Blaine, Mr.
Conger, Mr.. Robeson and other eminen
Republicans have taken the same posi-
LlOn. n6li tHCAOloiOs ehO PiODSAi
Speaker repudisted this settled construc
ton of the Constitution, we considere
it our duty as a part of tn
representatives of the people t.
enter our protests in every form
available to us under the circumstances
We are not contending for the right of th'
minority to govern, as the supporters c
the Speaker have endeavored to make
the country believe. On the contrary
we are denying the right of the minorit
to eject members from their seats or t
pass laws for the government OF tn
people.
Under the Constitution a majority {
the House constitute a quorum to q
business, and We are simply insistin1
that less than majority shall not d
business. We are contending that 10
majority shall take the responsibilit
which properly belongs to them, an
shall come into the House and vote
they desire to control the proceeding
and we are protesting against their rigf
to carry their measures by counting I
when we do not vote.
i The claim of the majority that the
have right to govern the House VIII
: out attending its sessions and takln
part in the conduct of its business, ID &c
preposterous to require refutatlon.
must be evident to any one who unoe
stands the position taken by the Dem
, cratic minority in the House, that
: cannot possibly result in any injury,
the country or in any injustice to u
majority Tts onlv effect will be to cor