Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-30
AN ApPEAL coITID NE rAKEy

proposed TO give a statement, accom-
panied by a ruling, from which
AN APPEAL COULD BE TAKEN
if any gentleman were dissatisfied
Herewith. The speaker, continuing,
said that for some time a question
Of this nature had been raised in
many parliamentary assemblages,
there being good deal Of doubt in
this body as to the subject. The
chair recollected a proposition OF
this kind made by Rspdnlph Tucker
Of Virginia. Tie proposition was
made with regard TO putting it into
the rules. A general opinion pre-
vailed at that time that II was mex
pedient 10 do so. That was in 1850.
Since then there had been various
arguments aud decisions by emf
nent gentlemen, and their decisions
had inrch c'eased up the question
and rendered il more apparent what
the true rule was.
One of the first places where the
question was raised was in the New
York State Senate. The present
governor of New York was the pre-
siding officer ami upon him de-
vOlved Ia duty similar to that
which now derolved on the
Speaker. He met that duty In pre-
clsely the sdme manner. The ques-
ton had arisen in New York on the
constitutional question as 10 whether
three-fifths of the members cOnsti-
tuted a quorum on the passage Of a
certain bill, and the presiding
officer held that the constitutional
provision as to n quorum was en-
tirely satisfied by the presence Of
members, even If they did not vote.
That decision could not lie
RETARDED AS PARTISAN.
There had also been a decision in
the Tennessee Legislature in 1855.
The registration bill pending was
objected to by the republicans, who
refused TO vote, whereupon the
Speaker directed the clerk 70 count
as present those not voting, and de-
clared the bill passed on its third
reauing.
Those two decisions Seemed to the
present ocetpant Of the chair to
cover the ground, but there was an
entirely familiar process, which
every old member would recognize
and which, in the opinion Of the
chair, is incontestible evidence and
recognition at all times OF the right
TO record the members Present a.
constituting part Of a quorum. 1t
had been almost an everF-dat occur
renee at cettaih stages Of the Session
for a vote TO be announced 10y the
chair, accompanied by a statement
that there was no quorum; yet if the
point were not made tbs bill was
always declared passed, and that
could only he on a very dis
tinct basis, and that was that |
everybody present should agree to |
the fact that there was n quorum.
There was no ground on which such |
n bill could be passed constitution
ally unless the presence Of a quorum
were inferred and It was inferred |
from the fact that No one raised the
question. 1t had always been the
practice for parliamentary bodies,
and especially in the parliament Of
Great Britain, for the Speaker TO de-
the question whether there |
was or was not quorum present by
a count. Again there was n pro-
vision OF the Constitution which de-
,lared that the House might estab-
ish rules for compelling the attend
snce Of members. II members could
se present and refuse 10 exercise |
heir function, and yet not be counted |
Is n quorum, that provision would |
ieem to be