Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-05
WASHINGTON ClJLLINGS.
The Presidents Mansion is a House
Of Great Sorrow.
RESULT OF CARELESS WRITING.
A Re-rated Official Bounced From
the Pension Office-Samoan
Treaty Ratified.
lzPRo1AL DISPATCHES TO TEB BsooRD-unIoH.i
WASHINGTON CULLIEGS.
RESULT OF CARELESS WRITING
lsraOAL DISPATCHES TO rzR BsooRD-uuIos.l ]
DEMOCRATIC DECLARATION.
They Give Their Reasons for Fighting
Reeds Rules.

They Give Their Reasons for Fighting
Reeds Rules.
WASHINGTON, February 4th-An address
to the country, explaining the position of
the Democratic members of the House, has
been prepared by ex-Speaker Carlisle. The
address says in part:
Although nearly two months have elapsed
since the Committee on Rules has been ap-
pointed it has made no report except a partial
one. made on the 9th of December, and conse-
quenty, the House has been compelled to con-
duct its business without any rule or system,
except general parliamentary law, as construed
by the Speaker. The American House of Rep
resentatiyes has been during all this time, and
still is, so far as rules for its government are
concerned, in precisely the same position as a
popular meeting or political convention in
which the Chairman and his partisans abso-
lutely control all of the proceedings.
No measure can get before the House for con-
sideration unless the Speaker CHOOSES to allow
1t to be presented and the members have no
means of knowing in advance what they are to
be called upon to discuss or decide. This is the
first time i'll our history that legislative assem-
bly,, or even public meeting. has attempted to
transact business for any considerable period
without a regular code OF rules prescribing the
order of proceedings, and the inconvenience
and injustice resulting from such an attempt
has been forcibly illustrated in the present in
stance.
WITH A PROTEST.
This personal and partisan domination of the
House was submitted to. though not without
repeated protest, until we became convinced
that it was the deliberate purpose of the Speaker
and his supporters TO proceed without rules to
oust the Democratic members whose seats are
contested and admit their Republican oppo-
nents.
On January 29th the Committee on Elections
called up contested election case, and the
Democratic members determined that in the
absence of rules il should not be considered if
they could prevent it by any proper parlis-
II
the question, whose consideration demanded
the ayes and noes, and on the call of the roll
reirained from voting. The result was that less
than constitutional quorum voted; but the
Speaker, in violation OF the uniform practice of
the House for more than a century, proceeded
to count members who were present, but not
voting, and declared that the House decided to
take the case up. From this decision an appeal
the table the ayes and noes were taken, and less
than a quorum voted; but the Speaker again
counted the members not voting, and decided
that the motion had been agreed to and his rul-
ing thereby sustained.
PROVISIONS OF THE CONSTITUTION.
The Constitution ofthe United States provides
that majority of each House shall constitute
quorum to do business, but a smaller number
may adjourn from day to day, and msy be au-
thOriZed to compel the attendance of absent
members in such manner and under such pen
alties as each House shall provide. Another
clause of the Constitution requires each House
to keep journal of its proceedings, and pro-
vides that when one-fifth of the members pres
ent desire it, the ayes and noes shall be taken
on any question and entered on the journal.
Since the beginning of the Government under
the Constitution, more than one hundred years
ago, the House of Representatives and the
Senate have uniformly construed the INST clause
of the Constitution quoted above to mean that
a majority of all the members elect must be
present and actually participate in the transac-
ton of business, and that whenever, upon the
call of the ayes and noes, 1t appeared from the
journal, which is the ouly official record. that
less than constitutional quorum had voted on
any proposition, the vote was anullity, and that
no further business conld be done until the re-
quisite number appeared and voted.
In order to secure certainty and stability in
the administration of the law it is rule in our
Jurisprudence that when particular construc
ton of the Constitution or statute has been
for long time acquiesced in, not only by those
whose duty it Is d to dexse1is it PIT also by th4ss
by it, the Courts will recognize it as the true
construction.
THE PRACTICAL CONSTRUCTION.
Even if this were an original question it would
not be difficult to show that the practical con-
strnction of the Constitution, which has pre-
vailed in the House and the Senate for over 100
years, is the correct one. Speaker Reed him
self, when i'll the minority on the floor of the
House, stated the true meaning and the true
philosophy of the Constitution when he said
"1he Constitutional idea of quorum is not
the presence of majority CT all the members of
the House, but majority of the members pres
ent and participating in the business of the
House. 1t is not their visible presence, but their
judgment and votes that the Constitution calls
for"
General Garfield, Mr. Blaine, Mr. Conger. Mr.
Robson and other eminent Republicans have
taken the same position.
CONSIDERED AS DUTY.
When, therefore, the present Speaker repudi-
ated the settled construction of the Constitution
we considered it our duty as part of the repre-
sentatives OF the people to enter our protests in
every form available to US under the circum-
stances. We are not contending for the right OF
the minority to govern, as the supporters of the
Speaker have endeavored to make the country
believe. On the contrary, we are denying the
right of the majority to eject members from
their seats or to pass laws tor the government
of the people when under the Constitution, a
meiority OF the members of the House must con-
stitute a quorum to do business, and we are
simply insisting that less than majority shall
not do business. We are contending that ma
jority shall take the responsibility which prop
erly belongs to them, and shall come into the
House and vote If they desire to control the pro-
ceedings, and we are protesting against their
right 10 carry their measures by counting us
when we do not vote.
The claim of the majority that they have the
right to govern the House without attending its
sessions and taking part in the conduct OF its
business is too preposterous to require reflta-
ton. 1t must be evident to anyone who under
stands the proposition taken BIZ the Democratic
minority IN the House that IL cannot possibly
result in any injury TO the country or in any in
justice to the minority. Its only effect will be
to compel the Republican majority elected by
the people to assume The responsibility imposed
upon them.
On the other hand, no one can foresee the
evils that may result from the Inauguration OF
a practice of counting votes not cast in order to
make q quorum. Under it minority of the
members-elect TO the House aud Senate may
pass the most tyIannical laws for the oppression
of the people and the most corrupt laws for the
spoliation of the public treasury. Whether SO
intended or not, its direct tendency is to break
down the barriers heretofore existing for the
protection of the citizsns against the encroach-
ments of pow er and the spoliation of the treas
ury by destroying the limitations which the
Constitution has wisely imposed upon the leg
isative department. Constitutions are made to
restrain msjorities and protect mjnorities. A
majority ruling without Limitations or restraint