The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-02-04
CARLISLESHOWS UPREED
THE GREAT WRONG IN CONGRESS
LAID BEFORE THE PEOPLE.

Constitution Clearly Violated-A Re-
view of the Fight in the House-The
Dangers for the Future.
WASHINGTON, Feb. 3.-Representative
Carlisle has prepared for publication the
following statement of the present position
Of the democratic members of the House,
which is to be signed by all of them:
The present situation in the House of Repre-
sentatives is so anomalous and unprecedented,
the decisions of the speaker are so full of dan
ger to the integrity Of future legislation, that
we consider it our duty TO submit brief state
ment OF the facts. in order that the propriety of
the course we have taken may be fairly deter
mined. The House met on the 2d day of De-
cemoer, 1889, and Immediately organized by the
election of speaker and other officers. On
the same day, by resolution Of the House, the
speaker was authorized to appoint a COMMITTEES
on rules, aud the rules of the last
preceding House were referred TO that
committee. The committee, consisting of the
speaker himself and four other members,
was appointed on Dec 5, and on Dec made
report authorizing the speaker to appoint all
the other committees, and defining their iuris-
diction. The committee on elections, to which
was referred all cases involving the rights of
members to their seats, was appointed on
Dec. 9.
THE DELAYED REPORT.
Although nearly two months have elapsed
since the committee on rules was appointed, it
to it, except partial one made on Dec g. and
consequently the House has been compelled to
conduct its business without any RUE or system
except general parliamentary law, as construed
by the speaker. There have been no calendars
no order of business. no fixed time to receive
reports from committees, or for the considera-
ton of bills or resolutions; and, in fact, no
regular methods whatever in the proceedings of
the House.
The American House Of Representatives has
been during all this time and still is, so far as
rules for its government are concerned, in pre-
clsely the same condition as popular meeting,
or political convention in which the chairman
and his partisans have absolute control of
all the proceedings. No measure can get before
the House for consideration unless the speaker
choose to allow it to be presented, and MEM
bers have no means of knowing in advance
what they are to be called upon to discuss or
decide.
NOTHING LIKE IT BEFORE.
This is the first time in our history that leg
islative assembly, or even public meeting has
attempted to transact business for any CON
siderable period without a regular code of rules
the inconvenience and injustice resulting from
such an attempt have been fOrcibly illustrated
in the present instance. The speaker has re-
peatedly during these extraordinary proceed
lngs refused to entertain parliamentary motions
that have been recognized as legitimate ever
since the government was established. and
when attempts have been made to appeal from
his decisions he has refused to submit
trary rulings, sustained in some instances by
less than a quorum, he has subverted nearly
every principle of constitutional and parlia-
mentary law heretofore recognized in the
House. This personal and partisan domination
of the House was submitted to, though not
without repeated protests, until we became
convinced that it was the deliberate purpose of
the speaker and his supporters to proceed with
out rules to GUST democratic members whose
seats are contested, and admit their republican
opponents, whether elected or not.
FOUGHT TO THE DEATH.
On Wednesday. Jan. 30, the committee on
elections called up q contested election case
and the democratic members determined that
in the absen ce of rules it should not be con-
sidered, if they could prevent it by any proper
parliamentary proceedings. Accordingly, they
raised the question of consideration, demanded
the yeas and nays and, on the call of the roll,
refraned from voting. The result was that less
than constitutional quorum voted;
but the speaker, in violation of the uni
form practice of the House for more than a
century, proceeded to count members who were
present, but not voting, and declared that the
House had decided to taks the case up. From
this decision an appeal was taken, and on
motion to lay this appeal on the table the yeas
and nays wereitaken. and less than a quorum
voted, bat the speaker again counted the mem
bers not voting, and decided that the motion
was carried, and his ruling thereby sustained.
WHAT THE CONSTITUTION PROVIDES.
The constitution of the United States pro-
vides that majority OF each house 'shall CON
stitute quorum to do business, but a smaller
number may adjourn from day to day, and
may be authorized to compel the attendance of
absent members in such manner and under
such penalties as each house may provide"
Another clause of the constitution REQUIRES
each house to keep journal of its
proceedings, and provides that when
oEe-fifth of the members present desire it the
yeas and nays shall be taken on any question
and entered on the journal. Since the begin
ming of the government under the constitution
more than lDD years ago the HOI9a of Raf1ra-
Sentatives and the Senate have uniformly CON
strued the first clause of the constitution
quoted above to.mean that majority of. all the
members-elect must be present and actually
participate in the transaction of businesses,
and that whenever. upon the call of
the yeas and nays, it appeared from
the journal, which is the only official record,
that less than constitutional quorum has
voted on any proposition. the vote was nullity
and no further business could be done until the
requisite number appeared and voted.
PREVIOUS PREcEDENTs.
Every presiding officer in the Senate, and
every speaker Of the House, except the present
one, has held that when less than quorum
voted on call OF the yeas and nays, no matter
how many might be actually present, it was
his duty to take notice of the fact
and declare that the pending bill or motion
had not passed. When a vote is not taken by
yeas and nays it is not entered upon the jour
nal, but If any member makes the point that no
quorum has voted, the proceeding is a nullity
sumption Of the law is that when nothing
appears to the contrary, the proceedings of the
legislative body regular and valid, and
therefore when the official record does not show
that less than quorum voted, or attention
is not called to the fact in
such a way as to furnish legal
evidence of it. the question cannot be made
afterward. 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
y,rn fbaf fha rNsC dfpcg how hnn
valid in either case If the official record had
shown the fact.
ONLY WAY TO SECURE STABILITY.
In order to secure certainty and stability
in the administration Of the law, it
that when a particular construction of
the constitution or statute has been for a 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 it,
the courts will recognize it as the true construc
ton, and enforce it accordingly. Even If this |
were an original question it would not be diff
cult to show that the practical construction of |
the constitution, which has prevailed in |
the House and Senate for over 100 years. |
is the correct one. Speaker Reed himself, when |
in the minority on the floor of the House, stated
the true meaning and true philosophy OF the |
constitution wnen he said: "Ihe constitutional
idea Of a quorum is not the presence Of a ma
iority Of all the members Of the House, but a
majority of the members present and partici-
pating in the business of the House. 1t Is not
the visible presence. but their Judgment and
votes, which the constitution calls for"
OTHER REPUBLICANS ON RECORD.