The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-06
RICHARDS FLOPS AGAIN
He Finds Out That He Likes Reeds
Way Of Ruling.
Acting On - TIP From Sanders. He Gets
Out Bis Old Arithmetic and Talks
t0 the senate for All the
World Like Reed.
By the Standards special wire.


He not only reversed his former ruling
that a quorum vote was necessary for the
transaction of business hut he returned tn
his old ruling that seven constitutes a
majority of II, his weak back WAS still
ened by Sanders yesterday afternoon.
The war horse came up to the senate
chamber where he held a private consul
tation with Richards over "a big copy
of Cushing's manual. The few spectators
of this incident expected n result this
morning and they were not disappointed.
When the senate met all were present
except Brown and Mcnamara who are
paired. The governors message was
read. I'm the customary form il named
Jacob Oliver, of Butte. for the position of
deputy inspector of mines for the state of
Montana. This provoked "a snarl from
Old Fisher, who said the language of the
communication was insulting to the
senate. On motion of Mr.. Hoffman the
communication was referred to the rom
mittce on mines and mining.
After several communication from the
r,Inps had been received and Richards
called attention tn the fact that there were
several rump bills ON the desk. Hedges
moved that they he read and referred To
appropriate. standing committees. Holt
the ayes and noes. Richards arose, hesi-
pared himself for the effort and read from
notes OH his desk. Before he had fairly
commenced II was apparent what Was
have awaited yourselves of the right
given you 10y the state constitution to de-
Inand the ayes and noes ON the question
now pending. When your names were
called, however. although present. you re-
fused to vote, and this is i'm violation of a
plain rule ttwcnty-siN, OF this body-a
rule Of your own adoption. ! deem IL my
sworn duty To call the attention of this
"A few DAVIS ago when called upon to make
"a ruling i'm IA similar ease, that ] was sure
il never entered the mind of the members
of the constitutions! convention who
framed this section that such "a spectacle
as this would he presented, where sena-
"a question and then refuse tn vote. To as
sumo that this constitutional provision was
framed for the purpose of allowing two
impcach the intelligence and loyalty of
it's Trainers. In passing upon the action
OF the senate ON the. question pending II
what constitutes "a quorum of this u
IA majority. nine senators-is there n
quorum present as contemplated 10y the
constitution? Yesterday and upon for
mcr occasions, when we found ourselves
without n quorum. under "a call of the
house the scrgeant-at-arms was sent out
with Instructions to arrest and bring be-
fore the bar of the house all absent sena-
tors whom he could find. The constitution
and our rules imposed that duty. to con-
pei the attendance of absent mcmbcrs.
r" what purpose? L" make a quorum.
You cannot forget. l ann sure. that when
the se~rgeant-at-arrns appeared at The bar
of this senate with those whom he had
been instructed To arrest. their presence
was noted and they were excused by "A vote
of the senate and business proceeded. To
say that the ninth man can break the
quorum by sitting silently in his seat as III
he were absent at his home or at somc dis
tant part of the state, is Ia make that
claim of our constitution meaningless
which gives this body the power tn compel
the of absent members. The
constitution clothes any two senators with
the power after its organization tn de-
mand the yeas and nays on any
question. though the majority or tie
other IA should not favor IT,. Certainly no
nut will saw two absent senators s.pul1
make such a demand. Were Won at your
homes, say at Miles City and BozcInan.
yoI certainly could not demand il. Who.
then, does the constitution clothe with
this power" Two members who are pres
ent. two members of the same assembly.
and not of "a coordinate branch of the
Legislature. Upon the vote taken your
presiding officer must pass an opinion.
What does the record show? That two
senators demanded the ayes and Toes on
the question before you, and upon the roll
being called that seven voted in thc Affirm
| ativc, two are paired aud two refuse To vote.
The record will also show that the two
who refused To vote violated the rules of
the senate. In your rules you have adopted
'Clshing's law and practice" as your
guide. Let us read: The president then
read two chapters, 1913 and lsO from that
volume. bearing ON the question: Ii does
seem to me "A dine regard Tor your rules
and "a proper conception Of your duty
under the constitution should impel every
member present to give his assent or dis
sent. You seem Ia think otherwise. hence
il is my duty to inquire into the law and
] conclude is proper aud jus =.
Here MIR. Richards read another extract.
see. Az from Cushinsl Locke. or CIVIL
Govcrnment.'' says IF the consent of the
majority shall not in reason he received
as the act of the whole and include every
Individual. nothing but the consent of
every individual can make anything tn he
the act of the whole IL "A majority of a
quorum il not To- rule then are we indeed
i'm chaos bordering on anarchy. No one
will presume to say that il was in the
minds of the trainers of the constitution
to clothr one man with more power than
eight. and Vet that would be the result IL
one man. 10y keeping silent. can defeat
eight who may vote and cndeavor
tn discharge their duty in "A given ease.
such "A doctrine * most pernicio,is and
would destroy all governments. All the
authorities agree. that where a quorum *
present the act done by a majority of the
quorum binds the whole. hence. as our re-
cords show. there being ULescnt "a consti-
tutional quorum. and that a majority of
the votes east are i'm the a Affirmative. I rule
that the motion is carried"
The democratic senators who fully real
lied that il was useles To protest against
further outrageous rulings. did not at
tack the ruling. but they i'm
sisted on havins the aye and noes
recorded in the Journal. The rtImp bills
in question were read and referred To the
several committees at the afternoon ses-