The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-02-15


show that less than a quorum voted.
or attention is not called 10 the fact in
such q way as TO furnish legal evidence
of it, the question can not be made
Afterwards. Many bills have been
passed when there was no quorum ac-
tually present; but this does not
prove that the proceedings would
have been valid in either case if the
official record had shown the fact. In
order to secure certainty and stability
to the administration of the law, it is
rule in our Jurisprudence that when
q particular construction of a consti-
tuition or statute has been for long
time aequiesced in, not only by those
whose duty 1t is to execute it, but also
by those whose personal and proper
rights are affected by it, the courts
recognize it as the true construction
and enforce it accordingly. Even if
this were an original question. il would
not be difficult to show that the prac-
teal construction of the Constitution
which has prevailed in the House and
Senate tor over one hundred years, is
the correct one. Speaker Reed, him.
self, when in the minority on the floor
of the House, stated the true meaning
and the true philosophy of the Consti-
tuition, when he said: SThe Constitu-
tional idea of quorum is not the
presence of a majority Of all the men,
bers of the House, but a majority in
the business of the House. 1t is not
the visible presence, but their judg.
ment and votes, which the Conshtu-
ton calls for.'
sGen Garfield, Mr.. Blaine, Mr.. Haw-
ley, Mr.. Conger, Mr.. Robson and 9th.
er eminent Republicans have taken the
same position and their arguments
have never been answered. If any
legal or political question can be set
tied in this country by the long acqui-
esence of jurists and statesmen Of all
parties, certainly this question has
passed beyond the domain Of discus
sion.
@When, therefore, the present Speak
er repudiated this settled construction
Of the Constitution, and decided that
when the official record, which the
Constitution requires the House to
keep, shows on call of the ayes and
nays that quorum has not voted he
can count members present and moi
voting, and thus by his own act, out.
side of the recorded vote, determine
that measure has passed, we consider
1t our duty, as part of the represen.
tatives of the people, to enter our pro.
tests in every form available to us un.
der the circumstances. We are moi
contending for the right of the minor,
ity to govern, as the supporters of the
Speaker have endeavored to make the
country believe. On the contrary VIC
are denying the right of a minority to
eject members from their seats, to pas,
laws for the government of the people
Under the Constitution a majority Of
the members of the House constitute
quorum to do business, and we are
simply insisting that less than ma.
jority shall not do business. We ar,
) contending that the majority shall TAX,
the responsibility which properly be
longs to them, and shall come to th,
! House of Representatives and vote |
thcy desire to control Its proceedings
and We are protesting against thei
right to carry measures by countln,
us when we do not vote.
DTho claim of the majority that they
have q right to govern the House, with
: out attending its sessions and takin.
!. part in the conduct of its business, /
!, too prepostercus to require refutatiou
1t must be evident to anyone who un
derstands the position taken by th,
: Democratic minority In the House, tina
!, 1t can not possibly result in any injur
! to the country or any injustice to th,
: majority. Its only effect will be L
! = compel the Republican majority, elect
y ed by the people to assume the respon
= sibillty imposed upon them. On th
: : other hand, no one can foresee the evil
y that may result from the Inauguration
of the practice of counting votes no
= cast In order to make quorum. Unde
q 1t minority of the members-elect /
: : the House aud Senate may pass th
= most tyrannical laws for the oppressio
: : ofthe people, the most corrupt laws fo
y the spoilation Of the public Treasur,
:. Whether so intended or not, its diret
y y tendency Is to break down the barrier
y heretofore existing for the protectio
y y of the citizen against the encroacl
!, y ments of power and the ,spoiation
!, :. the Treasury by destroying the limit,
u tions which the Constitution has wis
y ly imposed upon the legislative d,
J, partment. Constitutions are made I
- ~ reslrain majorities and protect mino
:. = tiles. A majority, ruling without lin
~ ~ itations or restraints upon its power,
- - q pure despotisn, and inconsistel
y " with our system of government"