The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1890-02-14
ADDRESS TO THE NATION.
Hx-Spealkor Carlisle. on Behalf Of
the Democracy.
Addresses the Country. setting Forth the
Position of the Minority Ia The
uou~e ~ Representatives In
the Recent Fight.

the Democratic members 81 the House
has beca prepared by ex-Spcalser Car
lssle, and will be signed by ali the mi
nority members to-day. The address in
It's full text ~ as follows
The present situation in the House Of Rep
resentatiycs ~ 10 anomalous. and the un-
prccedcnted Divisions of the speaker are 80
fuli 81 danger 10 the integrity OF future
legislation, that we consider Il our dnty 20
submit brief statement Of tire facts In order
that the propricty Of the course wo have
taken may be- fairly determined.
The House ~ Representatives met on tho
second day Of December. 1853. and mme,li-
atcly organized by the election 81 d speaker
and other officers. on the same day BY a
resolution ~ the House. the Speaker WAS au-
thorized % appoint committee on rules,
and the rules Of the last preceding House
were referred 70 that committee. The COM
mlftcc. consisting OF the speaker himself
and four other members, was appointed on
the NTH day Of December. and on the ninth
u made report authorizing the speaker TO
appoint all the other committees and defin-
Ing their jurisdiction. The committee on
elections. 10 which was referred all cases in
voising the rights OF members 70 their seats,
was appointed on the ninth day OF Deem
ber Although nearly two months have
elapsed since the committee on rules was
appointed. II has made no report upon the
matters referred e. IL except the partial one
made on the ninth Of December and conse-
quently the House has been compelled to
conduct H. business without any rules or
system. except the general parliamentary
law. as construed by the speaker. There
have been no calendars, no order Of bust
ness. no fixed time 10 receive reports from
committees or for the consideration Of bills
or resolutions. and In fact no regular meth
ods whatever in the proceedings Of the
House.
The American House OF Representatives
has been all this time. and still Is. 50 far as
rules for its government are concerned, in
precisely the same condition. as d popular
meeting or a political convention In which
the chairman and his partisans absolutely
control all the proceedings. No measure
can get before the House for consideration
unless the Speaker chooses 70 allow II TO be
presented. and members have no means OF
knowing in advance what they are TO be
called upon TO discuss or decide This Is the
first time In our history that a legislative as
sembly. or even public meeting. has at
tempted 10 transact business for any con-
siderable period without a regular code Of
rules prescribing the order OF its proceed
ings, and the Inconvenience and injustice re-
sulting from such an attempt have been
forcibiy illustrated In the present instance.
The Speaker has repeatedly, during these
extraordinary proceedings. refused 10 enter
recognized as Legitimate ever since the Gov
eminent was established. and when at
tempts have been made to appeal from Ills
decisions he has refused TO submit the ques-
ton 10 the House. by his arbitrary rulings.
sustained In some Instances by less than n
quorum. he has subvertcd nearly every
principle Of constitutional and parliament
airy law heretofore recognized In the House.
This personal and partisan domination Of
the House was submitted 70. though not
without repeated protest until we became
convinced that II was the deliberate pur-
pose Of the Speaker and his supporters to
proceed without rules 70 Dust the Demo-
cratic members whose seats are contested
and admit their Republican opponents,
whether elected or not
on "Wednesday, January 20. the committee
on elections called up q contested election
case, and the DEMOCRATIC members deter
mined that in the absence OF rules il should
not be considered II they could prevent IL by
any proper parliamentary proceedings. Ac-
cordingly they raised the question Of con-
slderation, demanded the yeas and nays, and
on the call OF the roll rcfrained from voting.
The result was that less than a constitutions
al quorum voted, but the speaker, ia viola
tion OF the uniform practice Of the House for
more than a century, proceeded 70 count
members who were present but not voting,
and declared that the House had decided 10
take the case up. From this decision an ap-
peal 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 again counted members not voting.
and decided that the motion was agreed 70,
and his ruling thereby sustained.
The Constitution OF the United States pro-
vides that a majority Of each house shall con-
stitntc quorum 10 do business, but "A small
er number may adjourn from day to day, and
may be authorized to compel the attendance
Of absent members In such manner and un-
der such penalties as each house may pro-
vide. Another clause OF the Constitution re-
qures each house 10 keep a Journal OF IT,
proceedings. and provides that when one
NTH OF the members desire IT, the yeas and
nays shall be taken on any question and en-
tered on the journal Since the beginning Of
the Government under the Constitution,
more than hundred years ago, the House
Of Representatives and the senate have uni
formly construed the first clause Of the
Constitution quoted above to mean
that n majority Of all the members
elect must be present and actually |
participate In the transaction Of business,
and that whenever. upon call Of the yeas !
and nays. IL appeared from the Journal,
which Il the only Official record. that less |
than the constitutional quorum has voted on l
any proposition, the vote was a nullity and |
no further business could be done until the |
requisite number appeared and voted. |
Every prr&iuint OIuccr IN tuc ctnhtt anu /
every speaker Of thc House, except the |
present one. has held that when less than a |
quorum voted on a call Of the yeas ana nays.
no matter how many might be actually |
present, II was his duty 20 take notice Of the |
nact. and declare that the pending bill or /
motion had not passed
when the vote Is not taken by yeas and |
nays Il Is not entered upon the journal, but 1
II any member makes the point that no /
quorum has voted. the proceeding II a null
ity and tho vote must be taken over. The l
presumption Of the law il that when moth l
Ing appears to the contrary the proceedings /
Of a legislative body are regular and valid, \
and therefore when the Official record does
not show that less than quorum voted, or |
attention n not cal led 20 the fact In such \
way ne 10 furnish legal evidence Of u. the \
question can not be made afterwards. Many |
bills have been passed when there was no |
quorum voting, and II 10 equally true that |
many have passed when rncre was no quor-
um actually present: but this does not prove |
that the proceeding would have been valid |
In either case IL the Official record had shown |
the fact
IL order 70 secure certainty and stability |
In the administration Of the law, II Is a rule |
In our Jurisprudence that when particular
construction Of a constitution or 4 statute |
has for 4 ionx time been acquicsccd In. not
only by those whose duty Il u 70 execute u
but also BY those whose personal and prop |
crty rights are affected By II. the courts VIII |
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