Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-02-18

pose OF his side OF the House TO rco ~
this occasion should be made 10 SUN
shape as would permit IL 10 be finally anm
dccisiveiy passed upon. Therefore, ne "o
which the House had a right 20 prescriue'
should not be approved. This was done.
The Speaker announced that this WIS
suspension-day. and the committees "oto
called in order.
Upon motion Of Mr.. Culberson, OF Texas,
in behalf Of the judiciary Committee,
bill was passed for the reliefof Frank A. Lee.
When the Worlds Fair Committee was
called Mr.. Gambler offered the following
resolution: ~
Resolued, That Thursday and Friday. Feo-
ruary Goth and 21st, after the approval ol
the Journal. be set aside for general debate
on Bills $3.50 and 1854 (the Worlds fMf
bills), and that o vote be taken on Monday;
February Gath, in the manner proscriOeu
bv the resolution submitted IN the com,
rnittee's report, unless the House sila s,I
have determined by vote that the Worids
Fair shall not be held.
Mr.. Mills, Of Texas, demanded record
and tellers were appointed, and the resui'
was announced rs yeas. ia: nays, g.
blr. klgore made the point Of no quo
rum. H.
The Speaker ran his eye rapidly over the
House and in few minutes said: "Ihere
are l72 members present-more than
quorum"
Mr.. McMillin Immediately protested that
the rules prescribed tellers as the means OF
ascertaining the presence or absence OF .
quorum and IL was not proper for the Chan
to count. -,
The Speaker inquired what rule required
the presence of tcllers to determine LILO
presence of quorum.
Mr.. McMillin quoted from the RUE
touching to suspend the rules, when re,
quires that the motion shall be submitteu
TO the House TO be seconded by majority
by tellers if demanded.
The Speaker inquired If there was any
other suggestion the gentleman. desired 10
make.
Mr.. McMillin replied that the majority
by the tellers had not seconded the mo
ton and that it was not competent TOT the
Speaker TO make quorum by his count.
The Speaker responded that the majority
had seconded the motion--ll4 to o-ahu
the debate on the motion was now IA OF.
der. but the Democrats made an earnest
resistance to proceeding further.
Mr.. McMillin contended that there was
no rule that permitted the Speaker to
count quorum except during the progress
OF an aye-and-no vote and no call.
Mr. Dockery said that the rule cited py
Mr.. McAIillin did not seem to provide Tor
count by the Speaker at all, but only py
tellcrs.
The Speaker replied that the rule pro-
yided for a count of those who voted. The
vote resulted llS to 81 that seemed TO be
Mr. McMillin insisted that the point was
that no quorum had 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 ne had an, ,
nounced at the time that there were I'z
members present by actual count. No ono
was counted who was not present at tho
time the vote was taken. IL the members
did not desire to vote the presumption
was that they acquiesced in the result of
! the vote.
Messrs. McMillin, Bland. Mills, Cannon,
Carlisle. Blount. Lodge. Burrows, Peters,
Herbert Of Alabama, Buckalew OF Penn
sylvania. and Adams Of Illinois argued
further upon the subject; ;.
MIR. Crisp argued that the rule taken III
connection with others clearly contem-
plated a count by the tellers alone ana not
| a Joint count by the teller5 and Speaker.
| The very object of the rule was defeated
| by the construction which took from the
| tellers the right to count. The House did
not want any voting by implication. Rule.
had been adopted despite the protest or
the minority that the minority should ~
| least have q fair construction OF them,
Mr.. Dingley. of Maine, said unless they
were TO 90 back upon the decision already
reached the House must again sustain the
right of the Speaker to counts quorum.
The Speaker SAID that the provision
of the second clause of the twenty
eighth rule was peculiar. The ques-
ton was one like that repeatedly pass
ed upon by the House under the Con
| stitutlon: a quorum was necessary 10
transact business. Whether 1t was neces-
sary for them to act was the question IN
! dispute. Since it had been decided hero II
/ had been discussed from one end OF the
country to the other, and precedents with
ont number had been cited on each side.
In this House the question was settled that
! if the majority were present TO do business
| their presence was all that was required 70
make n quorum. If they declined TO vote
their inaction could not be IN the pathway
of those who did their duty. 1 did
think silence could be stronger than
q negative vote seemed TO nave ocen
unknown 10 oar ancestors. 1t seems 10 De
modern parliamentary fiction which had
meyer been able to stand the decision oil
a court where business questions were IN
yolved. He had never seen decision OF q
| court which was adverse 70 the position
now assumed by the House. The only
question remaining was one OF detail. BS
what method should the presence of quo
rum be ascertained? The examination OF
all books on parliamentary practice would
show that it had been the practice IRON
| time immemorial for the presiding ofhcel
TO determine in such manner as he deemed
accurate and suitable the presence OF
ouorum. The rules Of the House contain
nothing derogatory. IL 1t was suggested
| that any evil would follow the answer wa,
| simple--Whateyer the officer was lntrustet
with the count was liable TO some obJec
! tions and public business proceeded upOi
/ the assumption OF the right of the per
| Torrance of public duty by q pubic ON
Ger. Moreover the House could easily cor
rect the mistake by ordering the yeas and
NAYS. a..
In conclusion the Speaker said :" In
this case the Chair repeatedly counted thu
House during the vote and after 1t closed
and being satisfied that constitutions
ouorum was present to do business. there
| fore announces that tho yeas are ia AM
nays g. and that the motion has beef
seconded"
Messrs. Hatch and Wilson declined t.
speak, preferring speedy vote.
The question was taken on the motion q
| PuSDeul the rules ana lihho u opcciA OIuc
for fair bills and resulted yeas-l48, nays "a
More than two thirds voted in the afhrma
tive. but Mr. Blount demanded the yea
and nays. They were ordered and resulted
yeas 2O9, nays 56-and thespecid order wa
made.
The negative votes were cast by Messrs
Abbott. Bankhead, Barnes, Bland, Blount
breckenridge of Arkansas, Breckinridg
of Kentucky, Buchanan of Virginia
Bum, Carlton, Caruth. Clements, Cobb
Cowles, Crisp. Culbertson, DeHaven, Dib
BE. Edmunds, Elliott, Ellis, Goodnight
Grimes, Hare. Head. Henderson OF Norti
Carolina. Herbert, Kilgore, Lane, Lanham
! Martin Of Iowa, Martin of Texas, Nc
Clammey. McAiillln, McRea. Mills, Mont
eomery, Oates. Peel, Pennington, Peters
Fierce. Richardson, Rogers, Rowland
Savers, Skinner, Stewart of Georgia
Stewart of Texas, Stockdale, Stone o
Kentucky, Tarnsney, Turner of Georgia
Turpin, Washington, and Wheeler OF Ala
hama.
The call Of committees being complete
the House passed. under suspension Q
the rules, a bill for the relief of Siou'
Indians at Devils Lake Agency, reporte
IT, be starving.
Mr. Banks. of Massachusetts,, called n
the bill to provide for the appointment Q
tAirty additional medical examiners in tn
Pension Office. Mr.. Banks said that tn