Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1890-02-13

| EulcS pISSCIlOlhS Viz oiNci VI ieS
proceedings, and the Inconvenience
and injustice resulting from such an
attempt have been forcibly illustrated
in the present instance.
! REEDS DICTATORSHIP.
The Speaker has repeatedly during
these extraordinary proceedings re-
refused to entertain parliamentary
motions that have been recognized
as legitimate ever since the govern
ment was established, and when at
tcmpts have been made to appeal
from his decisions he has refused to
submit the question to the House
BY his arbitrary rulings, sustained in
some instances by less than aquorum,
he has subvcrtcd nearly every prin-
ciplc of constitutional and parlia-
mcntary law heretofore recognized
in the House.
ToHBEARANCE CEASES TO BE A
| VIRTUE.
This personal and partisan domi-
nation of the House was submitted
to, though not without repeated pro
tests, until we became convinced
that it was the deliberate purpose OF
the Speaker and his supporters to
proceed without rules to oust Dem
ocratic members whose seats arc
contested, and admit their Repub-
lican opponents, whether elected OF
not.
On Wednesday, January 20, the
committee on elections called up Il
Il contested election case, aud the
Democratic members determined
that in the absence OF rules it should
not be considered if they could pre-
vent it by any proper parliamentary
proceedings. Accordingly they
raised the question of consideration
demanded the yeas and nays and on tho
call of the roll rcfraincd from voting
The result was that less than n consti-
tutional quorum voted, butt the Speak.
CT, in violation of the uniform practice
of the House for more than century
proceeded to count members who
were present but not voting, and de
clarcd that the House had decided tC
take the ease up. From this decision
an appeal was taken, and on motion to
lay this appeal on the table the yeas
and nays were taken and less than ;
quorum voted, but the Speaker agail
counted the members not voting
and decided that the motion wa
carried and his ruling thereby sus
tanned.
CONSTITUTIONAL LAW OF TIL
QUESTION.
The Constitution of the United
States provides that ma aority o
each house "shall constitute quo
rum to do business, but that
smaller number may adjourn from
day to day and may be authorized
to compel the attendance of abscn
members in such a manner and I'M
der such penalties rs each house ma,
provide" Another clause of tn,
Constitution requires each house t,
keep a journal of its proceedings
and provides that W hen one fifth oI
the members present desire il tn,
yeas and nays shall be taken on an,
question and entered on the journal
Since the beginning Of the GOV.
crnmcnt under the Constitution
more than one hundred years ago
the House Of Representatives and
the Senate have uniformly construed
the clause Of the Constitution quoted
above to mean that all members elect
must be present to actually part ici-
pate in the transaction of business,
and that whenever, upon the call of
the yeas and nays, it appeared from
the journal, which is tn. only official
record, that less than conslitu-
tional quorum has voted on any
proposition, the vote was nullity
and 10 further business could be
done until the requisite number ap-
pcarcd and voted.
Every presiding officer Of the Sen
ate and every Speaker of the House
except the present one, has held
that when less than quorum voted
on a call Of the yeas and nays, nc
matter how many may be actually
present, it was his duty to take
notice of the fact and declare
that the pending bill or motion had
not passed. When the vote is no,
taken by yeas and nays it is not en-,
tered upon the journal, but if any
member makes the point that nc
quorum has voted The proceeding is
a HuIIity, and the vote must DC taken
over. The presumption OF law is
! that when nothing appears TO the