, 1890-01-30

ItltflHlNtl tlNI Nlll gAlI'lNNA NfAs
/ There was also decision In the Iennos'
sec legislature OF lssj on tile registration
/ blll pending, which was objected to by
/ the rppu bli leans, who refused 10 vote,
Nhurcupon tho speaker directed the
/ clerk To- count as present those not vot'
ing ami declare the bill passed on that
rcldng,'
Those decisions seemed to tho present
occupant of the chair to cover tho
ground, but there was an entirely
familiar process, which every old mem
Der would recognize, whereby the opin-
ion of the chair was inCpniestHhie eYi.
dcncc Of the recognition AT nil times OF
the right to record the members present
rs constituting u part of q quorum. II
had been almost an everyday occurrence
at certain stages Of the ststtun Tor votes
to be announced by the char containing
obviously and cmphatically no quorum
Nct, IL u point was not made, the
bill was always declared passed anl
that could only be on very distinct
basis, and that was tnat everybody
present silently agr, cd to he TACT that
there was no quorum. There was no
ground on witch such a bill could be
passed constitutionally, unless the pres
cnce Of a quorum was inferred, and II
was inferred from the fact that no one
raised the question, 1t always had
been the practice of parliamentary
bodies, and especially IN the parliament
of Great Britain. tor the speaker to dc
tcrmlno tho question of whether there
was or was not quorum
present by count. Again, there
was provision In the slitution which
declared hat the house might establish
rules for compelling the attendance OF
the me mbers. lfthe members could he
present and refuse to exercise their
function, and yet not be counted Us u
tl..s q. 40.
be entirely nugatOry.
The snca kct then read at length Gov.
crnor Hills decision when presiding
officer Of the New York senate, and
Laughter and applause by the repu bli-
cans greeted the reading of the sentences
where the action OF the minority was
counted ms rebellious and revolutionary.
The speaker ignored Mr.. Flowers re
quest To have the republican protest
against thatdecision also read, and added; ;
"lhe chair therefore rules that there is l
quorum present within the meaning OF
the constitution"
Mr.. .Crispappealed.b but the speaker rec
ognized Mr.. P1yson for a motion to lay
the appeal on the table. This motion Is
not open to discussion, and Mr.. Crisp
protested against Mr. Payson's recogni-
tion.
Mr.. Buttcrworth asked that Mr.. Pay
son Withdraw his motion, and the latter
did so.
MIR. Crsp then said that the decision
OF the speaker was oVerturning the unin-
terrupted practice OF lOO years, and going
directly In the face OF the arguments OF
distinguished republicans. This was
more than q mere question Of rules. IL
was a constitutional right, the right to
have the yeas and nays entered. 1t
necessarily followed that when the con-
-titution said the yeas and
nays should be so entered
that they could not be added to
or taken from. He quoted from Speaker
Blaine's ruling, to tile effect that the
speaker had not the power to count u
quorum, and declared that the decision
lust made by Heed would he the founda-
tion of the greatest legislative frauds
ever committed. The house was invited
here to pursue the course which Mr.
Blaine had declared revolutionary. MIR.
Crisp quoted Garfield as denouncing
similar rule proposed In his time, and
asking: How do We know but that
the speaker may not see-'for his own
purpOse-iorty members more than
there are In the houscR'
Mr.. Outhwlite here declared that he
had been counted by the speaker while
he was not on the floor.
Great confusion ensued for few
minutes. when Mr.. Crisp, continuing,
'Alh VIZ AlANt AANfN AAAIbuAll EANtA
civil war, whom there was excitement un-
paralleled In the history Of parliament
airy action. Yet, during all those years
no man. no party ever befolc thought IL
necessary to introduce q rule which
would give the power of declaring the
presence ol mgmbers by the single voice
of one pOr,ou,'
his side, lie demanded that there should
be q public exhibition of the question
and that there should be tollers. lie
quoted from the Hmarks OF Mr.. Reed,
himself, In debate, in which Mr.. Reed
said that tIo constitutional idea OF u
quorum was not the physical presence
of u majority of the members Of the
house but a majority OF the members
present ana participating in business.
Triumphant cheers or the democratic
side and In the gallery.
Referring TO tlIe New York decision of
Governor liill Mr.. Springer said that
the action hai been denounced by the
democrats ut the New York legislature
as revolutionary.
Mr.. Crisp wds proceeding to read tho
press report OF the last republican eau
Gus but was Immediately called 10 order
by Mr. Kerr and the objection was sus-
tanned by the speaker.
Mr. Crisp went on TO appeal to the rc.
publican side to hesitate before they en-
dorscd this probationary and unconsti-
tutlOnnl ruIiug.
Mr.. Cannon said that the gentlemen
ON the Other sidc should consult the
constitution, for. alter ALL la the
constitution they had n mode
of asccrtaining what "a quorum was,
and II by the constitution
there was q quorum present to-day, the
country wOuId sustain the house IN vot-
ing on aud lcPlslating, The constitution
provided tIat each house should be the
judge of the election returns AMI
quail hCations OF ITS own members, and
that majority oi each house should
constitute "A quorum to do business. DID
the constitution say majority should
De required to vote for the measure, in
order to pass itl Not at all. 1t merely
said that q majority of each house
should constitute quorum to do busi-
ness.
In conclusion, Mr.. Cannon laid down
the proposition that by the general par
liamentary law and under the constitu-
tion, when q quorum was present that
fact was asCCrtained, and when there
was q majority voting in favor of
measure that measure was adopted,
whether II were motion, n resolution
or law.
MIR. Carlisle said: mo speaker has
ever sat in the chair and undertaken to
hold that quorum could
pass bill or vote In this
house until now, and all have
held that u majority must not only bo
present To constitute a quorum, but that
a quorum must participate in the legis-
lation.'
lie quoted from constitutional sections
and said that when the trainers of the
constitution provided that u majority of
the members.ulect should constitute u
quorum to do business they saw that VI
IL stopped there less than q quorum
could do nothing. Therefore, they had
Hrnvil.l thuf iaaa than N nIInfufn