The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-02-04
Mr.. CARLISLE PAINTS A PICTURE.
he Shows the Bad Republicans
Raidlng the Treasury
And overrnowing the Rights OF Sixty
Millions Of People.
The Address OF the Democrats In
Defence OF FIIllbustsrIng.

Defence Of FiIlibusterIno.
WASHINGTON. February 3.-Mr. Carlisle
has prepared for publication a statement Of
the present position Of the Democratic men,
bers Of the House, which will be signed by
all Of them. 1t says: "The present situa-
tion In the House Of Representatives Is so
anomalous and unprecedented and the de-
cisions of the Speaker so full OF danger to
the integrity of future legislation that we
consider II our duty TO submit a brief state
meIt Of facts in order that the propriety OF
the course we have taken may be fairly de-
termined." The statement reviews the ac-
tion Of the House since assembling regarding
the adoption Of rules and alludes TO the
fact that the House has been compelled to
conduct business without rules other than
goeafeT' II then saws: "Tbe House has
been, during all this time. as far as rules for
its government are concerned, In precisely
the same condition as popular meeting or
political convention, In which the chaifmams
and his partsans absolutely control all pro-
eeedings. No measure can get before the
House for consideration unless the Speaker
chooses to allow 1t to be presented. The
members have no means OF knowing in
advance what they may be called on 10
discuss or decide, 1t Is the first time
in our history tnat legislative assembly, or
even a public meeting has attempted TO
transact business for any considerable peri
cd without regular code Of rules prescrib-
ing the order OF the proceedings. and the In
convenience and injustice resulting from
such an attempt Is forcibly illustrated In
the present Instance. The Speaker has, re-
peatedly, during these extraordinary pro-
ceedings, refus' to entertain parliamentary
motions, recognized as legitimate ever since
the government was established. When at
tempts have been made to appeal from his
decisions, he has refused to submit the ques-
tion to the House. By his arbitrary rulings
sustained in some instances by less than a
quorum, he has subverted nearly every prin-
ciple of constitutional and parliamentary
law heretofore recognized In the House.
This personal and partisan domination the
House submitted to, until we became con-
vineed it was the deliberate purpose OF the
Speaker and his supporters 70 proceed with
out rules to oust Democratic members whose
seats were contested, and admit their Repub-
liean opponents, whether elected or not"
The statement reviews the Democratic ac-
tion when the Smith-Jaekson eonteste. cleo
ton case was called up, claiming that less
than constitutional quorum voted; but the
Speaker, Sin violation Of the uniform prac-
tice Of the House for more than century,
proceeded to count the members present and -
not voting, and declared the House decided
to take the case up" The statement MAIN
tains that the Constitution provides that
majority Of each House "shall constitute
quorum to do business, but smaller num-
Der may adjourn from day to day, aud may
be authorized to compel the attendance of
absentees In such manner and under such
penalties as each House may provide"
The statement continues: Another clause
requires that each house keep a journal Of
its proceedings, and provides that when one
fifth of the members present desire 1t, the
yeas and nays shall be taken on any question
and entered on 1he journal. Since the be.
ginning OF the government under the c0nstt-
tuition, the House and Senale have uniformly
construed the first clause quoted above TO
mean that majority OF all members elect
must be present and actually participate in
the transaction Of business. Whenever upon
a call of yeas and nays 1t appears from the
journal that less than constitutional QUO
rum have voted on any proposition the vote
Is nullity, and no further business can be
done until the requisite number appears
aid voted. Every presiding officer In the
Senate and every Speaker OF the House. ex-
cept the presentone, have held that when
less than quorum voted on a call oil yeas
and nays, no matter how many might be ac-
-trrnyprneHn. = : !! -
Of the fact. and declare the pending bill or
motion not passed. When vote Is not TAX
en- by yeas and nays and not entered upon
the journal, If any member makes the point
tuhL no uuOTuu NOtcusLuc pIOcetuinS Is u uuF
lity and the vote must be taken over The
presumption Of law is, that when nothing
appears to the contrary the proceedings Of a
legislative body are regular and valid.
When the official record does not
show that less than q quorum voted
such way as TO furnish legal evidence, the
question cannot be made afterwards.
Many bills have been passed when no
quorum was voting and 1t Is equally
hot hnu sxlaaW
no quorum was actually present. This
does not prove that the proceeding would
have been valid in either case II the official
record had shown the fact. The rule in our
jurisprudence Is that when particular con-
strnction of constitution statute has been
for a long time acQuiesced in by those whose
duty 1t Is to exercise 1t, and those whose per-
sonal and property rights are affected by IL,
the courts will recognize 1t as the true con-
struetion and enforce 1t accordingly"
Speaker Reeds former defence Of the pres
ent Democratic position Is mentioned and he
Is quoted as stating the true meaning aud
true philosophy OF the constitution. After
mentioning eminent Republicans who
says: "If any legal or political question
can be settled In the country by tue long
acquiescence Of jnriets aud statesmen, OF all
parties this question has passed beyond the
Speaker repudiates this settled construction
of the constitution and decided by his own
act, outside of the recorded vote, 10 de-
termlne measure passed, we considered 10
our duty as part Of the representatives OF
the people to enter our protest In every form
available to us under the circumstances.
We are not c0ntending for the right
of the minority to govern as
supporters Of the Speaker endeavor to make
the country believe. Under the constitution
a majority Of the members OF the House con-
stitute quorum TO do business. We are
simply insisting that less than a majority
shall not do business. We are contendlng
that the majority shall take the responsibility
ty which properly belongs TO them and shall
come to the House to vote II they desire 70
control its proceedings, protesting alainst
their right to carry a measure by counting US
when we do not vote. The claim Of the ma
jority that they have the right to govern the
House without attending its sessions and
taking part in the conduct Of its business Is
too preposterous to require refutation. III
must be evident TO every one who under
stands the position taken by the Democratic
minority in the House that 1t cannot possibly
result In any injury to the country or any
injustice to the majority. Its sSly
effect is to compel the Republican
majority elected by the people to assume the
responsibility imposed on them. Vn the
other hand no one eau foresee the evils that
may result from the Inauguration OF the
practice of counting votes not cast In order
to make quorum. Under II minority OF
members-elect to the House and Senate may
pass the most tyrannlcal laws for the Oppres'
sion Of the people and the most corrupt laws
for the spOliation Of the public treasury.
Whether so intended or not, its direct ten
dency Is to break down the barriers here
tofore existing for the protection OF the eiti,
zen against the encroachments OIL power anu
the spol'ation of the treasury by destroying
the limitations the constitution wisely I'M
posed on the legislative department a ma
iority ruling without limitations or re-
straints upon Its power, Is pure despOtlsm
inconsistent with our system oil govern
ment."
The Pension List.
WASHINGTON, February S.-Pen,iOnS