Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-02-07
sent members. For what purpose
To make quorum.

| ANo Nohuo' iHRrt, j d'u sure, tuht
when the sergeant.at arms appeared
at the bar Of this senate with those
whom he had been instructed tn arrest,
their presence was noted, they were
excused by vote Of the senate and
business proceeded.
Tosay that the ninth man can break
the quorum by sitting silently 10 his
seat, as If h. were abse Mt at his home
at some distant part of the state, is to
make that clause of our constitution
meaningless which gives this body
the power to compel the attendance of
absent members.
The constitution clothes any two
senators with the power, after its or.
ganization, to demand the yeas aud
nays on any question, though the ms.
jority Of the other fourteen should not
favor IL. Certainly no one will say
two absent senators could make such
demand. Were you at your home,
ssy at Miles City and Bozeman. you
certainly could not demand it. wno
then does the constitution clothe with
this power? Two memb rs who are
rreseut; two members of the same
assembly, and not OF a coordinate
branch Of the legislature.
Upon the vote taken your presiding
officer must pass an opinion. What
does the record show? That two sem
stors demanded the syes and noes on
the question before you and upon the
roll being called that seven voted In
the affirmative, two are paired. and
1.-TWO refuse 10 vote. The record will
show that the two who refused to vote
violated the rules of this senate. Ia
your rules you have adopted "Cu-h.
ine's Law and Practice" ss your
guide. Let Us read
The president then read two sec
tions, l795 and 1900, from that volume
bearing on the question:
1t does seem to me due regard for
your rules and proper conception Of
your duty under the constitution
should impel every member present to
give bis assent or dissent. You seem
to think otherwise. Hence. 1t is my
duty to inquire into the law and facts
and to rule rs 10 my judgment I con-
clude Is proper and just.
Here he read another extract, sec.
4l2. from Cushiug.l
Locke on Civil Government" ssys:
"If the consent of the majority shall
not in reason be received NJ the act of
the whole, and include every indi.
vidusl, nothing but the consent of
every individual can make anything
to be the act Of the WHOLE"
Ifa majority of quorum il not to
rule, then are we indeed in chaos bor-
dering on anarchy. No one will pre-
sumo to say that 1t was In the mind Of
the trainers of the constitution to clothe
one man with more power than eight.
Aud yet that would be the result II
one man by keeping silent can defeat
eight who may vote and endeavor to
discharge their duty In given case.
Such q doctrine is most pernicious
and would destry all government.
All the autboritiAs agree that where
. quorum lie present, the act done BY a
majority Of the Quorum binds the
whole. Hence, a. our records show
the presence Of q constitutional quo
rum. and that majority Of the votes
cast sre In the Affirmative, 1 rule
that the motion 10 carried. tGreat ap-
plause from the gAlleries.l
The house bills were then taken up.
II. b. No. 2 was read and referred to
the Committee on Judiciary. H. B.
No. 4 was referred to Committee on
Printing.
H. b. No. 8, relation to appropriA-
tions was read and referred to the
Committee on Finance and Claimr.
H. b. No. 10, relation to the duties
and salaries Of attaches of both branch
es Of the Legislature. was read and re-
ferred to the committee On finance
and claima