St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-02-04

lngS OF legislative body are regular
and valid, and therefore when the Off
cial record does not show that less than
quorum voted, or attention is not
called to the fact in such Way as to
furnish legal evidence of it, the ques-
ton cannot be made afterwards. Many
bills have been passed when
THERE WAS NO QUORUM VOTING,
and it is equally true that many have
passed when there was no quorum
actually present; but this does not prove
that the proceeding would have been
valid in either case if the official record
had shown the fact. In order to secure
certainty and stability in the admins.
tration of the law it is rule in our
Jurisprudence that when a particular
construction of constitution or stat
ute has been for long time acquiesced
in. not only by those whose duty
it is to execute it, but also by those
whose personal and property rights
are affected by 1t, the courts Will
recognize it as the true construction and
enforce it accordingly. Even if this
were an original question it would not
be difficult to show that the practical
construction of the constitution which
has prevailed in the house and senate
for over one hundred years is the cor
rect one. Speaker Reed himself, when
in the minority on the floor of the house,
stated the true meaning and true phi
losophy of the constitution when he
said: 1.-THE constitutional idea of
quorum is not the presence of a major
ity of all the members of the house, but
majority of the members pres
ent and participating in the
business of the house. 1t is
not the visible presence. but their judg-
ment and votes, which the constitution
calls for" Gen. Garfield, Mr.. Blaine.
Mr.. Conger, Mr.. Robeson and other en-
inent Republicans have taken the same
position, and their arguments
HAVE NEVER BEEN ANSWERED..
If any legal or political question can
be settled in this country by the long
acquieScence of juristS and statesmen of
all parties. certainly this question has
passed beyond the domain of discus
sion. When, therefore, the present
speaker repudiated this settled con-
struction of the constitution, and de-
cided that when the official rec
ord which the constitution requires the
house to keep, shows on call OF the
yeas and nays that a quorum has not
voted, he can count members presentand
not voting, and thus by his own act, out
that measure has passed, we conSid-
cred it our duty, as a part of the repre-
sentattveS of the people. to enter our
protests in every form available to US
under the circumstances. We are not
cOntending for the right of the minority
to govern, as the supporters OF the
speaker have endeavOred to make the
country believe. On the contrary, we are
denying the right of minority
to eject members from their seats, or
to pass laws for the government of the
fbn IfY1fSn
jority of the members of the house con-
sti ute quorum to do business. And
we are simply insisting that less than
majority shall not do business. We are
contending that the majority shall take
the responsibility which properly be-
longs to them, and shall come on the
floor of the house of representatives
and vote if they desire to control the
proceedings. And we are protesting
against their right to carry their meas
ures by counting US
WHEN WE DO NOT VOTE.
The claim of the majority that they
have a right to govern the house with
out attending its sessions and taking
part in the conduct of its business is
too preDOSterOus to require refutatiOn.
1t must be evident to any one who I'M
derstands the position taken by the
Democratic minority in the house that
it cannot possibly result in any
injury to the country or in any
injustice to the majority. Its only
effect will be to compel the Re-
publican majority elected by the peo-
pie to assume the responsibility imposed
upon them. On the other hand, no one
can fOresee the evils that may result
from the inauguration. of the practice
of counting votes not cast to make
quorum. Under it minority of the
members elect to the house and senate
may pass the most tyrannical laws for
the oppression of the people, and the
most corrupt laws for the spoliation
of the public treasury. Whether so in
tended or not its direct tendency is to
break down the barriers heretofore ex-
listing for the protection Of the citizen
against the enroachment of power and
the spoliation of the treasury by de-
stroying the limitations which the con-
stitution has wisely imposed upon the
legislative department. Constitutions
are made to restrict majorities, and
protect minOrities. A majority ruling
without limitations or restraints upon
its power is pure despotism, and is
inconsistent with our system of gov
prDmpnto