The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1890-02-05
[Washington dispatch.l


Washington dispatchl
The expected battle in the House ON Wednes-
day over the smith-Jackson election case from
West Virginia was hotly contested on both
sides. Mr.. Crisp Ga fired the first gun az
soon "a the was called up by raj sing the
question of consideration On this vote the
Democrats, with three exceptions Messrs
Buckalew, Covert and Cowles RETAINED from
voting While the clerk was calling the roll the
Speaker was carefully noting the names Of
those Democrats who were present and not vot-
ing. Before the announcement OF the vote Mr.
Rogers Ark, who had inadvertently voted in
the affirmative, decided TO withdraw his vote
but he was met with n storm of objections from
the Republican side. Mr.. Rogers endeavored 10
secure ruling from the Speaker on the ques-
ton IN order that he might enter appeal, but
the speaker declined 20 rule. Mr. Covert IN
" changed his vote from the negative 20 the
Affirmative. Mr., Rogers WAS then given per-
mission 20 withdraw his vote, as was also Mr..
Cowles IN c..
The vote was announced as standing yeas
161 nays 2.
Mr.. Crisp raised the point OF no quorum.
The Speaker directed the Clerk 10 record the
names OF members present AMI not voting, as
lotted down by the Speaker. This the sig
nal Tor burst or applause from the Republic
cans and OF jeers from the Democrats. When
the name of Mr.. Breckenridge Ky.) WAS called
he stepped into the aisle and, in a resounding
voice, said
Il deny the right Of the Speaker to do this,
and denounce IL as revolutionary"
During the remainder OF the roll-call the Wild
being on the floor at once denouncing the action
OF the Speaker. Mr.. Bland MOI roared out
that he was responsible for his action only TO
his constituents and not TO the Speaker, and
Mr.. OFcrrall VA protested in the name Of his
State against this action. Mr.. McCreary (ky)
denied the right OF the Speaker to count him as
present.
The speaker-sThe Chair Is making a state
ment OF fact that the gentleman is present
Does the gentleman deny that he is pres emit?
Continuing, the Speaker said that the ques-
I.f,~ - ~ n. Il
proposed TO give statement, accompanied 10y
a ruling, from which appeal could be taken
II any gentleman was satisfied Herewith.
Mr.. Crisp lin advancel-I enter an appeal.
The Speaker then proceeded TO quote prece-
dents in Democratic Legislatures for his action,
reading in full decision OF Gov. Hill when
President OF the New York State Senate, but
ignored Mr.. Flowers request 20 have the Re-
publican protest against that decision also
read. The Speaker continued:
But there is an entirely familiaS process
which every old member will recognize whereby
the opinion of the Chair is incontestabie evil
dence OF the recognition at all times of the right
10 record members present as constituting a
part OF quorum. 1t has been almost
everyday occurrence at certain stages of the
session for votes TO be announced by the Chair
containing obviously and emphatically no quor-
um. Yet, IL the point not made, the bill
was always declared passed, and that could only
be on n very distinct basis, and that was that
everybody present silently agreed TO the fact
That there was quorum. There was no ground
on which by any possibility such a bill could be
passed constitutionally unless the presence of q
quorum inferred and il was inferred from
the fact that no one had raised the question.
All methods OF determining the vote we're Of
equal value 1t has always been the practice
in parliamentary bodies OF this character, and
especially in the Parliament OF Great Britain,
for the Speaker TO determine the question IL
there was or was not quorum present, 10y
count. 1t was because that was a determine
tion OF actual fact and the determining Of that
was intrusted 10 the presiding officer in almost
AL instances. Again there was a provision in
the Constitution which declared that the House
might establish rules for compelling the attend
ance OF members II members could be pres
ent and refuse TO exercise their functions, and
yet not be counted as n quorum, that provision
would seem 20 be entirely nugatory The Chair
therefore rules that there is "A quorum present
within the meaning of the Constitution"
Mr. Crisp said that this was the first time in
the history OF the Government that the Speaker
had decided that he could 60 behind the roll
call provided for by the Constitution. This
more than a mere question Of rules 1t was
constitutional right-the right 10 have the yeas
and nays entered on the Journal-and il neces-
sarily followed that when the Constitution said
that the yeas and nays should be so entered
they could not be added 10 or taken from He
then quoted from Speaker Blaine's ruling on
the force bill to the effect that the Speaker had
not the power 20 count a quorum. and declared
that the decision just made by Speaker Reed
would be the foundation Of the greatest legis-
lative frauds ever committed He quoted Mr..
Garfield as denouncing "A similar rule when 10
was proposed in his time and as asking the
questions who is TO control the seeing Of the
Speaker" and How do know but that the
Speaker may see forty members-for his own
purpose-more than there are in the House?"
Mr.. Crisp also quoted from the remarks OF
Mr.. Reed the present Speaker in the same de-
bate when he used these words
THE constitutional idea Of quorum is not
the physical presence OF a majority of the men,
bers of the House, but majority OF the men,
6ers present and participating in the business of
The House."
II appeal, Mr.. Crisp exclaimed, from Philip
drunk TO Philip sober
Mr. Cannon declared that the presence Of the
members rot voting, but counted by the Chair,
constituted more than quorum. Gentlemen
IN the other side might rise and say that the
action OF the Chair was revolutionary. AS they
disagreed, they should consult the Constitution.
The Constitution provided as follows:
Each house shall be the Judge of the cleo
ton returns and the qualifications OF its own
members, and the majority OF each house shall
constitute quorum TO do business
Did the Constitution say that majority
should be required to vote for n measure, mo-
lion, or a resolution in order 10 pass il? Not at
all. 1t merely said that majority Of each
ouse should constitute quorum to do bust
ness. Mr.. Cannon laid down the proposition
hat, by general parliamentary law and under
the Constitution, when IA quorum is present and
when that fact is ascertained, and when there
Is majority voting in favor OF "a measure that
measure is adopted, whether it be motion. reso-
luton, or law. He believed that thereby the
Constitution was satisfied in form and sub
stance, and that the people all over the country
would justify that course.
MI. Oarnsle declared lIdt every speaker from
he beginning OF Congress had held that a ma
ority must not only be present TO constitute
quorum, bat that quorum must participate in
he legislation. He then quoted the section OF
he Constitution which provides for the keeping
of a journal and for the entering upon IL of the
yeas and nays when demanded by one fifth OF
.he members present, and also that section
which says that less than quorum can adj
ourn from day TO day and can compel the at
tendance OF absent members.
Now the Constitution, continued NJ. Carlisle,
lid not say in express terms that in order TO
transact business a majority OF the House
should be present, but that n majority OF the
House should constitute quorum "to do bust
oess,' aud then IL proceeded to specify dis
inctly what those things we're which n major
ty could do. When the trainers of the Consti-
tuition provided that majority OF the members
elect should constitute n quorum TO do business
they saw that IL IL stopped there less than n
quorum could do certain things. II the ruling
made this morning was correct there no
necessity for any provision OF the Constitution
denied absolutely the right Of the presiding officer
II the House 20 make the journal Suppose the
speaker was right then one man could pass n
dill as we'll 100. II the Speaker had a right TO
make journal and 20 make quorum, and 10
have the Clerk OF the House, under his direc-
ion, put upon the journal the fact that there
was a quorum present, then there was no lon.
ger any use for the representatives of the people
IN the House Tho Speaker was simply the
organ OF the House. not its master.
Mr.. Mckinley then took the floor, but yielded
% n motion TO adjourn, which was carried with
out division.