The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1890-02-18

right to prescribe, should not be ap
proved. This was done.
The speaker announced that this was
suspension day, and the committees were
called in order.
Upon motion of MIR. Culbertson, ot
Texas. in behalf of the Judiciary com,
mittee, a bill was passed for the relief ot
A. Lee.
When the Worlds Fair committee was
called. Mr.. Gambler, of Massachusetts,,
offered the following resolution:
Resolved. That Thursday and Friday,
February Goth and 21st, after the ap.
proval Of the journal, be set aside for
general debate on bills 6,SS3 and 6,SS4
Worlds Fair bills,) and that the vote
be taken on Monday, February oath. in
the manner prescribed by the resolution
submitted in the committees report, url-
less the house shall have determined by n
vote that the Worlds Fair shall not be
held.
Mr.. Mills, of Texas, demanded tell
ers. who were app ointed, and the
result was announced by a vote of yeas,
ia; nays, 8. Mr.. Kilgore made the
point of no quorum.
The speaker ran his eye rapidly over
the house, and in a few moments said,
there are 172 members pres, Mt more
than n quorum.
Mr.. McMillin, Immediately protested
that the rules prescribed tcllers as the
means of ascertaining he presence or
absence of quorum, and it was not
proper for the chair to count.
Tho cna kar inn irel x,h III 4 r,,lu ran ., reI
the presence of tcllers to de ermine the
presence of quorum.
Mr.. McMilliu quoted from the rule
touching motions to suspend the rules
which requires that the motion shall bt
submitted to the house to be seconded
by majority by tellcrs, il demanded.
The speaker inquired il there was any
other suggestion the gentleman desired
to make.
MIR. McMillin replied, that the ma
iority by tellers had not seconded the
motion. that it was not competent for
the speaker to make quorum by his
gavel or his pencil.
The speaker responded, that q majority
has seconded the motion by vote Of
yeas, III; nays, 3; and debate on the
motion was now in order. But the demo-
Gratis made an earnest resistance to the
proceeding.
Mr.. McMillin contended that there was
no rule that permitted the speaker to
count a quorum, except during the pro.
grcSs of an aye and no call.
Mr.. Dockery said that the rule cited by
Mr.. McMillin did not seem to provide
for count by the speaker at all, but
only bv tellcrs.
The speaker replied that the rule pro.
vidcd for the count of those who voted.
The vote had resulted llS to 8; that
seemed to be a majority.
Mr.. McMillin insisted that the poin,
was that no quorum voted; neither the
speaker nor any other man could assume
that the men counted were in the house
while the vote was being taken. II they
were not. then they had no right to vote,
The speaker replied, that he had an
nounced at the time, that there were 172
members present by actual count. No
one was counted who was not present at
the time the vote was taken. II Il men,
ber did not desire to vote the presumption
was that they acquisced in the result oi
the vote.
Messrs. Mcmillan. Bland, Mills, Can.
non, Carlisle. Blount. Lodge, Burrows,
Peters. Herbert Of Alabama, Buckalew
OF Pennsylvania, and Adams of Illinois,
argued further upon the subject.
Mr.. Crisp. of Georgia. argued that the
rule taken in connection with others
clearly contemplated count by tellers
alone, and not joint count by tcllcrs
and the speaker. The very object of the
rule was defeated by the construction
which took from tcllcrs the right to
count. The house did not want any
voting by implication. The rules had
been adopted despite the protest Of the
minority, that the minority should have
at least fair construction Of them.
Mr.. Dinglcy, OF Maine, said unless they
were to go back upon the decision al
ready reached the house must again sus-
tain the right OF the speaker to count a
quorum.
The speaker said that the provision OF
the second clause. 2Sth rule, was pccu-
liar. The question was one like that re-
peatcdly passed upon by the house. I'M
der the constitution n quorum was nee
essary to transact business; whether il
was necessary for them to act was the
question in dispute. Since it had been
decided here il had been discussed from
one end Of the country to the other, and
preccdcnts without number had been
cited on each side. In this house the
question was settled that il a majority
was prcscn, to do business their presence
was all that was required to make a
quorum. II they declined to vote their
inaction could not be in the pathway OF
those who did their duty. He had never
seen decision of n court which was ad
verse to the position now assumed by
the house. The only question remaining
| was one Of detail, by what method
should the presence of n quorum be asccr
tanned? Examination of all books or
parliamentary practice would show tina,
II had been the practice from time immc
mortal for the presiding officer to deter
mine it in such manner as he deems nc
curatc and suitable to the presence OF q
quorum.
In conclusion the speaker said: "In thi,
case the chair repeatedly counted thu
house during the vote and after Il closed
and being satisfied constitutional quo
rum was present to do business, there
fore he announces that the yeas arc Ia
and the nays 8, and that the motion ha'
been seconded"
Mr.. Chandler then took the floor ant
announced his satisfaction ut the conclu
sion of the committees work. The hous'
then suspended its rules and discussed tn,
Worlds Fair bills. and after returning
passed some minor bills, and adjourned
The house will discuss the question OF
the next suspension day.
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