The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1890-08-07

An anonymous ex.member Of Con-
gress recently attacked Mr.. Reeds rul.
ings in an article in the North American
Review, and every Democratic platform
has plank on the same subject. The
accompanying extract gives an idea OF
the speakers answer TO such attacks:
"The presence Of . majority Of the leg
islative body constitutes quorum to do
business. The essence Of all business on
the part Of the legislative body is the
consent OF quorum Of that body,
either express or implied. It may be ss
thoroughly expressed by silence as by
sound. In the parliamentary sense,
presence always implies full sight and
hearing Of all that takes place. II q
member, then, is preeent in full sight
and sound Of all occurrences, and IT ell
action is loudly proclaimed by Clerk or
Speaker, he is as much party consent.
ing to all that occurs a. II he vociferated
in his loudest tones. This all admit.
Even the writer of the anonymous arti.
Gle admits this in all cases, except that
of a yea and nay vote. Hence, even
with him, we have only to deal with
that method Of determining the result.
"It must be obvious that all methods
of determining the consent OF the men,
bers are of equal value. Whether the
sense OF the House is made manifest by
the mere volume of sound or by the
rising of members in their places, by
members passing between tellers or by
yeas and nays, makes no difference
whatever in the result Laws passed
either way have equal force. What,
then, was the object Of the constitutional
provisions as to yeas and nays? Was it
to establish new and separate doctrine
OF quorum? Was the quorum to be q
majority present when all other methods
of determining the question were used,
but majority voting when yeas and
nays were called? Was there to be one
quorum required in one case aud another
quorum in another? Does it require
any different body to pass bill by yeas
and nays than by rising vote? A ma
jority Of the House being present, can
l29 members to pass bill standing up,
and not pass it by yeas and nays? A
claim like this utterly ignores the mean.
ing Of the call for the yeas and nays, and
the right to have it, which is given un-
der the Constitution, What were the
yeas and nays given for? Look at the
debates on the adoption oi the Constitu.
tion and you will see. It was to in.
form the people how, their representa-
tives voted, if they voted at all and
also the fact that they did not vote, Il
such was the case. The idea that, in
addition to this, the, constitutional quo
rum was thereby instantly shifted from
a majority present toia majority acting
is entirely modern invention, as illog.
ical as it is unconstitutional.
"The evil to be corrected by the new
rules is admitted by the ex.M. 9. He
therefore proposes much higher RENE.
dy, as he thinks. At the outset II should
be borne in mind that the remedy in
use has done its work. The House Of
Representatives, by its capable and sen.
sible transaction Of business, has at.
tracted the approval Of the whole coun.
try. The unknown writer days that
this should all be set aside and hii
remedy adopted, and the shades of many
eminent persons, dead and living, there
by be placated. Did it ever occur to
the reader what singular dispensation
of Providence it is whereby those who
do not have the things of this world tc
do could have always done them 90
much better than the poor creatures
who did do them? Did you ever see q
sidewalk committee who could not build
a finer house than the architect and the
master workman 1t really looks as il
Providence had wasted its most cloyine
sweetness on the desert air. The new
rule which the critic suggests is that
the Speaker should fine each member
who refuses to vote mot exceeding fifty
dollars" and thereby compel the horse
to drink. This seems very strange,
coming, as it does, from a writer who
has 80 deep respect for the letter Of
the law that, when the constitution says
the votes Of both houses shall be deter.
mined by the yeas and nays he will he
satisfied with no construction which
shall not determine the quorum the
same way"