New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-10

present that they did not vote and therefore,
absent. But according to the supreme Court OF the
United states that would not be an awaiting answer
Chief Justice Waite, in delivering the opinion OF the
Court in the County Of Gas, Johnston 90 l. >,
PIP $685. says: All qualified voters who absent them
selves from election duly called, are presumed to
assent the expressed will Of the majority Of those
voting This Of course, refers 10 election in
which there IS question of quorlms, but IL Is III
principle the equivalent Of Lord Mansfcds DECLARE
ton, made with regard 10 case In which quorum
the importance. In this q Burr. 100
twenty one trustees present Twelve Of them de-
cncd to vote for certain nominee without, how
ever voting for any one else. Eleven OF them pro
tested against his election but upon the question being
put only nine votes east. all In his favor. The
court was appealed to upon the contention that the
election not valid because less than quorum
had voted Lord Mansfield was unable to take that
view Of it. Whenever electors are present. he
said and do vote at ALL they virtually acqulesce
In the election made by those who do, and accord
gy he held that the twelve voting clect9r, had
really assented. II appears from this that Mr. Reed
did not 90 nearly far in his ruling a, he lawfully
might Had he counted the Democrats as voting
yea he would have done no than the rule at
common law iu-tihcs.
Decisions could easily be multiplied showing that
the action Of les than quorum ga quorum being
present. i, valid. In the seventh Adoph a Elll'
4ji the court observed that II il were found as fact
Ing twenty. Of whose proceedings the other fifteen
were ignorant hi, would Doe the uudoubted act Of the
whole meeting II the proceedings had been conducted
regularly, and If fraud were pract>ed to occasion
the Ignorance Il the hccn.7 The reason Of all these
decisions j, clear II implies the responsibility Of
officials. 1t mean, that they bound to take po-
sition one way the other.
The Democrats. however. will deny the analogy be
tween the members corporate body and themselves
They will maintain that members of supreme law
making body are a law unto themselves So indeed. they
are but the que ton here is one to which they arc
I'm tho same position a. any other individual deputizcd
10 represent constituency. Tie question ls can
they lawfully ,hirk rollclll Can they take by
silence greater power than they would be able
TO take by exercising the fullest measure Of their
rlcht, Does the right appcrta.n Ia any member
TO make himself absent by mere act Of his
imasinationl Has he any authority 10 be absent
for one purpose and present for another at one
and the same time
nv far the ablc,t speech which has been made in
Congrcs, upon this subject delivered by Mr.
Huttcrworth II wa, eloquent, logical, witty and
clear II went directly the heart Of the controversy
and showed how tie plea for the right Of member
Of Congress determine in his own discretion whether
lie will vote or not vote. act or not act, was a pea
for anarchy lie quoted the constitutional provision
by which a majority Of the House is constituted
quorum to do business and the further provision
authorizing less than that number to compel tho
attendance Of ab,cntces. Then be said:
Cou,pcl them to attend for what To leave the
House IN precisely the same condition a. pcloIc u'cF
were brought in-a condition Wh'h rchuereu II hc,t
sary To- bring them IN To change ana improve i't
lust thi, abSurdity Is involved IN the proposition Vl
the honorable gentlemen ON t'' "u'I SUI; wa, ,Lio
authority conferred hy The Constitution only 10 chapo
Us 70 90 through the rare "l ia, ~ ~, Ii niaco
and learning after each has been ,rA''u III i1 Pac
that willie under the Constitution he !" actually per
sonali{ WeSe ttcw 1 E made To- d" the ding which
required his presence j" at one" 10y merely closirs
his mouth becomes con-trucuNcN absent or ne
NAV in fact. while present arise In HI, place and
assert that he is absent. ana We must tahe ms "ora
f,r IT, Could any proposition boz more airuId Ana
Is n I'm this spirit we are to execute the law
The weakness Of the Democratic position lies IN
It's assertion that there can be any but one answer
TO the question whether or no'a quorum Is present.
They have Insisted on appealing to some other Judge
than arithmetic. Noticing thi, point, Mr. Butcrworth
said
The point we are considering is. not as to whether
constitutional majority J, required TO do business
nobody doubts that-or whether there shall be
majority Of quorum 10 pas blll that i ,"n'fdeu
hut how shall the presence of quorum IN ms i"H,e
De determined That Is the question We are e'teaNor
ing 10 answcr-a question Of hct a. iIlcnd near me
suggests, II /, question Of fact what nunntr Is
required 10 constitute quorum !, question oil law
whether that nlmber Of member, /, present !, q que,
ton Of fact That maJorty Of {g@r ..r Is nrcGy
10 pas, a bin is matter Of law: MHether "a nMo'|
30 voted /, "A question oil la't WIN" ''" o"' "'
determined by count
Then. with lively irony. he ridicucd the Illogical
attitude of his adyersarIeS by an analysis OF IT, e.
feet:
one hundred and siNty-nve members Of TN, body
constitute "A quorum to do business. There are al
npnsent in their seats 800 members. one hun.
drrd and hfty OF You gentlemen ~ ia Your places ana
,..c~ TO the House and the country : We are per
sonally present for the purp"e OF oo'FuruNS Hk'r
latlon. We are personally present To prevent ula
House from doing the business which drN"Nc' upoh
~ lint unlcs, the majority permit Us Ia dictate Nha'
husincs, shall be done. and the mc orirr ana Hluny.
M doing IT, at once become Invisible uN . 'IP''
". "7 resolve We are personally present as Oh
,tructonlst, but conotrucuv'k absent iha e(GIII
~ "rnctually breaking quorum. and, although visible
70 prevent we become invisible To do business
u was constantly asserted by the Democrats during
le debate that the right 10 Judge whether h' womb
,i,nater in the proceeding, of the House belonged
., evcry member individually, he beng ahS"crao'c
tr nj, Judgment only to his constituents ana lheS
ho,d mat refusal to vote refusal " TO par'icl
natep Mr. Buerworth improved INC oPPo'"1"S
Afforded him by that sort OF argument,
ro., the minority of this House should de-
,d ma, thcy would not participate IN It, proceedings
M matter why. suppose tnat IL occurred INA. num-
~ nt membcrs on this side were, 10y SICKNESS Kept
" y, Nor Lnme, and, the minority Should refuse 10
vote for or against appropriations duaoIu'cP NECESSARY
TO carry on the Government MI HP1I M TV'I b o'
hat minority be PARTICIPATING WIN 100 Oh us mere
and With 100 Of you here also. making lOo more thah
"uornm present do business sun according TO your
,irw. Of the Constitution. we Woud hOl bc aDIc, IN
csr vnu sal silent 10 appropriate one arthng out OF
thc National Treasury 10 carry on me GOVERNMENT.
X - here I'm the nesh bodily present, charged by
Certain dutcs which you have sworn 10 perform The
speaker you; we see YOU nay, tle coilry sees
StarNcs To death bN Your lnactlOn,
an vour theory that though actually present NOn are
rnnsttuctlvelv absent. Is that revolution or not
me to q method. AN insiwmcnahtN which would
mi IFS fingers more certainly with death "Trip upon
The throat of the Republic; And yet you say to me-
that though present, II silent Won are not "rariic
pating.' Why, the distinguished speaker might rs
well sit down upon my lean friend from Alabama ~
comfortably on him. and a.linst his protest say.
pntn tirin