Morning journal and courier., 1890-01-30
THE FIFrx-1lRsr CONGRESS.

THE FIFTY-HlRsT CONGRESS.
Democrats Trying TO Block Isgislation
I "A Lively Ttme In she House-The
, Question OF q Quorum Discussed
Further Discussion to be Had To-
Day.
WASHINGTON, Jan. 20.
HoUsE.-Nr. Dalzell Of Pennsylvania called
up the election case of Smith vs.. jackson
from the Fourth West Virginia district.
Mr.. Crisp Of Georgia raised the question Of
consideration.
On this vote the Democrats, with three ex-
csptions (Nsssrs. Buckalew, Covert and
Cowles). refrainsd from voting. While the
clerk was calling the roll the Speaker was
carefully noting the names Of those Demo-
Gratis who were present andnotvoting.
h Before the announcement Oftthe vote Mr..
Rogers Of Arkansas (who hads inadvertently
voted ii the ahismative), decided to with'
draw his vote, but, he was.met with storm
of objections from the Republican side.
Mr.. Rogers endeavored to- secure Q ruling
from the Speaker on the question In order
that he might enter an appeal, but tho Speaker
declined to rule.
Mr.. Covert of New York changed his vote
from the negative to the affirmative.
Mr.. Rogers was then given permission to
withdraw his vote. as was also Mr.. Cowles OF
North Carolina. The vote was announced as
standing: Yeas 161, nays 2.
Mr.. Crisp raised the point of no quorum.
The Speaker-The chair Directs the clerk
to record the following names of members
present and refusing to vete.
This statement was the signal for burst
of applause from the Republicans and of jeers
from the Democrats. Tho clerk then pros
ceeded to read the names Of Democrats whom
the Speaker had jotted down as.beinR pres
emit and not voting.
When-the name of Mr.. Breckenridge, of
Kentucky, was called he stepped into the
aisle and in resounding voice said: L deny
the power Of the Speaker to do this, and I
denounce it a. revolutionary. Cheer after
cheer (characterized by the Republicans as
''the rebel yell'D went up from the Dsmo-
cratic side, and 1t was several minutes be-
fore sufficient order was restored to enable
the clerk to continue the reading of the list
Of names. But the order was only compar-
alive. for while the clerk was proceeding
with the reading half dozen Democrats
were on their feet dsnouncing the action of
the Speaker.
Mr. Bland, of Missouri, roarsd out that he
was responsible for his action only to his
constituents, and not to the Speaker; and
Mr.. Oferrell, of Virginia, protested in the
name of his State against this action.
Mr.. NcCreary Of kentucky denied the
right Of the Speaker to count him as present.
Tho Speaker-The chair is making state-
ment of fact that the gentlemen is present
Does the gentleman deny that he is presents
Applause and laughter on the Republican
side.)
The name of Mr.. Cultivate of Ohio hav-
ing been called that gentleman, amid great
uproar, declared that he had not been pres-
emit when his name was called on the roll
call and that what the Speaker was saying
was not true.
Mr.. Breckenridge of Kentucky declared
that the action of the Speaker was disorder
ly and that tho Speaker had no more right to
make the statement from the cher than he
would have were he on the aoor.
Mr.. Crisp desired to appeal from the de.
cision of the chair.
The Speaker replied that in due time he
would allow the gentleman every proper ap-
peal to the House in an orderly fashion.
Mr.. Cooper of Indiana was on his feet de-
manding recognition and denouncing the
action Of the chair. The Speaker finally said:
The gentleman must not mistake the situa-
ton. He is not to compel the chair to do q
certain thing. The chair must proceed in
order, and the gentleman, as a member of
this body, will undoubtedly allow the chair
| to proceed.
Mr.. Cowles of North Carolina, demanded
recognition. He was standing in the aisle in
front Of the Speaker.
The Speaker declined to recognize him and
said: Will the gentleman have the kindness
| to take his seatG If he does so the Speaker
will be greatly obliged. Iaughter.)
Mr.. Cowles finally went quietly to his seat
The Speaker then proceeded to make 9
statement. He quoted presidents to main
tain the correctness of his position, and hii
remarks were from time to time applauded
by the Republicans as, for instance, where
he applied to the minority the language Of
q record of the New York case, which de
scribed like conduct as rebellious and rev.
olutionary.
| Mr.Crisp appealed from the decision of thu
chair and Mr.. Rowell of Illinois moved Il
table that motion.
Mr.. Crisp demanded to be heard in answe
to the Speaker, but the latter recognized Mr.
Rowell instead, whereupon Mr.. Crisp de
nounced his conduct as unfair and unmanly
| He appealed to the fairness of the Republi
cans and was finally given the floor, yielding
for q moment to Mr.. Hatch of Missouri, VIII
stated that he was paired with Mr.. Rockwell
of Massachusetts and that the Speakers &C
ton in recording him as absent under thes
. circumstances was fallacious and wrong.
Mr.. Crisp then proceeded to make a repl
to the speakers argument. Mr.. Crisp sal
that the decision of the speaker was over
turning an uninterrupted practice of q hund
red years and was going directly in the fac
of the arguments of distinguished Republic
: ans who had considered this very question
This was the first time in the history of th
government that the speaker had decide
that he could go behind the roll call providr
for in the constitution. This was questio
higher than one of rules. It was COZ
stitutionsl right-a right to have the yei
] aud nays entered upon the journal-and
necessarily followed that when the Col
stitution said the yeas and nays should
. entered they could not be added to or take
from. To deny this was to take from Il
q constitution the value 1t was intended
j. possess.
n Mr.. Crisp concluded after various inte
ruptions and was greeted with loud chez
from the galleries and general and-clappiu
2 of Democratic members.
. Mr.. Cannon replying to Mr.. Crisp said tn
. the constitution provided as follows: "Eas
o house shall be the judge of the election r
% turns and qualification of Its own member
70 and the majority of each house shall sonet
y tute quorum to do business" Did the col
# stitution say that majority should be =
quired to vote for q measure, motion or
resolution in order to pass it, Not at al
70 1t merely said that q majority Of each hon
10 should constitute quorum to do bushes
10 He believed that good morals, good oonstit
ton, good law, good sound public comm'
sense and decency, all demanded that {
Speaker when he announced that fact of t
70 presence of over fifty membsrs, more tn
re quorum, and called their names) shou
or declare the result of the vote as adopted by
" majority of the House.
ss Mr.. Carlisle of Kentucky said: The de
a, sion, strictly speaking, is not question
n parliamentary law in the proper sense of
be word. 1t is a question of constitutional la
,is Until this morning no presiding officer
40 this House has ever held that it was conn
he tent for less than quorum of the member
,ar elect to this House to pass any motion
bill. All have held from the beginning
Congress down to this day that MAJOR
rnnat not only ha nreAant to coustitut