, 1890-02-04
COUNTING A QUORUM.
An Address Prepared by Ex-
Speaker Carlisle
On the Recent Ruling of
Speaker Reed in the House
Idaho's Test Oath Declared to
be Constitutional.

Feb. 3.-Au address to
the country explaining the condition of
the Democrats OF the house has been pre-.
pared BY ex-Speaker Carlisle and will be
signed by all the minority members to
morrow. The address says In part: AL
though two months have elapsed since
the committee on rules was appointed, it
has made no report except a partial one
made on Dec. 9, and consequently the
house has been compelled to conduct its
business without any rule or system ex-
cept general parliamentary law as con-
strued by the speaker, The American
house of representatives has been during
all this time, and still is, SO far as rules
tor its government are concerned, in pre-
cisely the same condition as a popular
meeting or a political convention in
which the chairman and his partlsans alb
s~olutolY control ali proceedings.
No measures can get before the house
for consideration unless the speaker
chooses to allow it to be presented, and
members have no means of knowing 10
advance what they are to be called upon
to decide. This is the first time In our
hlobO budb q lCHiolhllNC hS5StuuulJ, Ut
aver public meeting, has attempted to
contract business Tor any considerable
period without a regular code of rules,
prescribing the order OF proceeding and
the inconvenience and injustice resulting
from such an attempt has been forcibly
illustrated in the present instance.
This personal and partisan denomation
of the house was submitted to, though
~ wu.shgY,N -a.aAtl 100000 ,usl -
became convinced it was the deliberate
purpose OF the speaker and his supporters
to proceed without rules to oust Demo
cratic members whose seats are contested
and admit their Republican opponents.
When on Jan. % the committee on elec
lions called up the contested election case
the Democratic members determined that
10 the absence Of rules it should not be
considered if they could prevent it by
any proper parliamentary proceeding.
Accordingly they raised the question of
consideration demanded the yeas and
nays, and one call of roll reirained from
voting and the result was that less than a
constitutional quorum voted, but the
speaker in violation of the uniform prac-
tice of the house for more than a century
proceeded to count the members who
NClC plCoEhb bub " NOtlDk Nv uCCldICu
the house decided to take the case up.
From this decision IN appeal was taken
and on a motion to lay the appeal on the
table the yeas and nays were taken and
less than a quorum voted, but the speaker
again counted the members not voting
and decided the motion agreed to and his
ruling was thereby sustained.
The constitution of the United States
rN.,lna ,hof IN rnntnr,tr - 4.,k LN,,e
shall constitute a quorum TO do business.
but a smaller number may sdjourn from
day to day and may be authorized to
compel the attendance OF absent members
In such penalties as each house may pro
vide. Another clause of the constitution
requires each house to keep a journal OF
Its proceedings. and provides when one
fifth Of the members present desire it. the
yeas and nays shall be taken on any
question, and entered into the journal.
Since the beginning of the government
under the constitution more that a hun
dred years ago the house OF representa-
uves and the senate have uniformly con
strued the first clause of the constitution
quoted above to mean that a majority oil
all the members-elect must be present
and actually participate in the transac
ton of business, and that whenever upon
the call OF yeas and nays, it appeared from
the journal. which is the only official
record, that less than constitutional
quorum voted on any proposition, the
vote was a nullity and no further bust
ness could be done until the requisite
number appeared and voted.
General Garfield, Mr.. Blaine, Mr..
Conger, Mr.. Robson and other eminent
Republicans have taken the same posi-
ton. When therefore, the present
speaker ~repudiated this settled construc.
ton of the constitution we consider il
our duty, as a part of the representa-.
tives Of the people to enter our protests.
Under the constitution a majority OF the
house constituted a quorum 10 do business
and we are simply insisting that less than
a majority shall not do business. We are
contending that a majority shall take the
responsibility which properly belongs to
them and shall control the house and vote
ii they desire to control the proceedings,
and we are protesting against their right
to carry out their measures by counting
US when we do not vote.
1t must be evident to those who un.
derstand the position taken by the Demo.
cratic minority in the house that it can
not possibly result in any injury to the
country, or in any Justice to the majority.
Its only effect will be to compel the Re.
publican majority elected by the people
to assume the responsibility imposed upon
them, on the other hand, no one can
~toresee the evils that may result from the
Inauguration of the practice OF counting
votes in order to make a quorum, for
under it the minority of the members
elected to the house and senate may
pass the most ~tyrannical laws for
the opposition OF the people and the
most corrupt laws for spoilation OF the
public treasury. Whether so intended OF
not, its direct tendency is to break down
a barrier heretofore existing for the pro
lection of citizens against the encroach.
ment of power and spoilatisn of the
treasury by destroying limitations which
the constitution has wisely imposed upon
the Legislation department, constitutions
are made to restrain the majority and
protect the minority. The majority rul.
ing without limitations or restraint uLop
its power. is pure dispotism and is incon-
sistent with our system OF government.