Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-03-14

ernment under the constitution, more
than hundred years ago, the House
of Representatives and the Senate
have uniformly construed the first
clause of the constitution quoted
above, to mean that majority OF all
the members elect mus. be present
and actually participate in the trans
action of business and that whenever,
upon the call of the yeas and nays, it
appeared from the journal, which is
the only official record, that less than
the constitutional quorum was voted
on any proposition the vote was null
lily and no further business could be
done until the requisite number ap-
pearcd and voted. Every presiding Of
ticcr in the Senate and every Speaker
in the House except the present one
has held that when less than quo
rum voted on n call OF the yeas and
nays, no matter how many might be
actually present, it was his duty to
take notice Of the fact and declare
that the pending motion or bill had
not passed. When the vote is not
taken by yeas OF nays, it is not entered
upon the journal, but if any member
makes the point that no quorum has
voted, the proceeding is a nullity, and
the vote must be taken over"
The presumption of the law is that
when nothing appears to the contrary
the proceeding of legislative body
are regular and valid and therefore
when the official record does not show
that less than quorum voted, or at
tention is not called to the fact in
such way as to furnish legal evidence
of it, the question cannot be made
afterwards. Many bills have been
passed when there was no quorum actu-
ally present. But this does not prove
that the proceeding would have been
valid in each case if the official record
had not shown the fact.
PHILIP DRUNK AND PHILIP SOBER.
In order to secure certainty and
stability in the administration of the
law, it is rule in our jurisprudence
that when a particular construction OF
a constitution or u statue has been ior
long time acquiesced in, not only by
those whose duty it is to execute it,
but also by those whose personal and
property rights are affected by it, the
courts will recognize it as the true con-
struction and enforce it accordingly.
Even if this were an original ques-
ton, it would not he difficult to show
that the practical construction of the
constitution which has prevailed in
the House and Senate for over one
hundred years is the correct one.
Speaker Reed himself, when in the
minority on the floor of the House,
stated the true meaning and the true
philosophy of the constitution when
he said:
The constitutional idea of quorum is not the
presence Of majority Of all the members Of the
House. but majority Of the members present and
participating in the business of the House. 1t Is
not the visible presence, but their Judgment and
votes, which the constitution calls for.
Gen. Garfield, Mr.. Blaine, Mr.. Haw-
ley, Mr.. COnger, Mr.. Robson and
other eminent Republicans have taken
the same position, and their argu-
ments have never been answered. If
any legal or political question can be
settled in this country by the long
acquiescence of jurists and statesmen
of all parties, certainly this question
has passed beyond the domain of dis
cussion.
When, therefore, the present Speak
er repudiated this settled construction
of the constitution, and decided that
when the official record which the
constitution requires the House to
keep, shows on a call of the yeas and
nays that quorum has not voted, he
cannot count members present and
not voting, and thus by his own acts
outside of the recorded vote determine
that a measure has passed, we con-
sidered it our duty, as a part of the
representatives of the people, to enter
our protests in every form available to
us under the circumstances.
MINORITY MUST NOT GOVERN.
"We are not contending for the
right of the minority to govern, as the
supporters of the Speaker have en-
deavored to make the country believe.
On the contrary, we are denying the
right of minority to eject members
from their seats or to pass laws for the
government OF the people. Under the
constitution a majority of the men,
bers Of the House constitute quorum
to do business, and we are simply in
sisting that less than a majority shall
not do business. We are contending
that the majority shall take RESPONSE
bility which properly belongs to them,
and shall come to the House OF Repre-
sentatives and vote if they desire to
control its proceedings, and We are
protesting against their rights to carry
their measures by counting us when
we do not vote.
"The claim of the majority that
they have right to govern the House
without attending its sessions and
taking part in the conduct of its busi-
ness, is too preposterous to require ref
utation. 1t must be evident to any
one that understands the position
taken by the Democratic minority in
the House, that it cannot possibly re-
suit in any injury to the country or
any injustice to the majority. Its
only effect will be to compel the Re-
publican majority, elected by the peo-
pie, to assume the responsibility i'm,
posed upon them.
"On the other hand no one can