The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-04
A DEMOCRATIC VIEW
Statement of the Position of the
Minority Of the House Oh
SPEAKER REEDS ARBfTRARINESS
Participate in the Proceedings
Reed States his Side.


be signed by all the minority members to-
morrow. The address says, in part: AL
though nearly two months have elapsed
since the committee on rules was ap-
pointed it has made no report except par
tial one made on the 9th of December, and
consequently the House has been COM
PEELED to conduct it's business without any
rules or system except general parliamen-
tary law as construed by the speaker. The
American House of Representatives has
been during all this time, and still is, so far
as rules for its government are concerned,
in precisel she same condition as popu-
lar meetinr or political convention in
which the c. airman and his partisanS abSo-
lutely control all proceedings. No measure
can get before the House for consideration
unless the speaker chooses to allow it to be
presented, and members have no means of
knowing in advance what they are to be
| called upon to decide. This is the first
time in our history that legislature, as
| sembly or even public meeting has at
tempted to transact business for any con
siderable period without regular code of
rules that prescribed the order of proceed
ing, and the inconvenience and injustice re-
sulting from such an attempt has been
|
This personal and partisan domination of
the House was submitted to, though not
| without repeated protests, until
we become convinced that it
was the deliberate purpose of the speaker
and his supporters to proceed
without rules to GUST Democratic members
whose seats are contested and admit their
Republican opponents. When on January
%, the committee on elections called up a
| I'D no nj ia
members determined that in the absence of
rules it should not be considered, if they
could prevent it by any proper parliamen-
tary proceedings. Accordingly they re-
tired the question of consideration
and demanded the yeas and nays,
and on the call of the roll re
Trained 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 CEN
fury, proceeded to count members who
were present but not voting and declared
! tie House decided to take the case up
Soon after this decision an appeal was
taken and on 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 members not voting
and decided the motion agreed to and his
ruling was thereby sustained.
|
provides that majority of each house
shall constitute quorum to do bust
ness, but a smaller number may ad-
iourn from day to day and may be
authorized to compel the attendance of alb
sent members by such pena ties as each
house may provide. Another clause of the
constitution requires each house to keep a
journal Of its proceedings aud provides
that when one-fifth of the members desire
| bo aylA hol1 bn fol
question and entered on the journal.
Since the beginning of the governmeL t
under the constitution, more than hun
| dred years ago, the House of Representa-
tives and the Senate have uniformly con-
strued the first clause Of the constitution
| quoted above to mean that a majority
of all the members elect must be present
and actually participate in the transaction
! of business; and that Whenever upon the
call Of the yeas and nays, it appears from
the journal, which is the only official re
cord, that less than a constitutional quorum
voted on any proposition, the vote was q
nullity and no further business could
done until the requisite number aTj.,c.re,1
and voted. To maintain order, to secure
certainty and stability in the administra-
ton of the law, it is rule in
our Jurisprudence that when a par
ticular construction of the constitution
time acquiesced in not only by those whose
duty it is to execute it, but also by those
whose personal and property rights are af
fected by it, the courts will recognize it as
the true construction. Even if this were
an original question itwould not be Difficult
to show that the practical construction OF
the constitution which has prevailed il
the House and Senate for over one hun
bred years is the correct one. Speake
hIr1Gp1f fhn
the tloor of the House, state,
, the true meaning and tru,
philosophy of the constitution when h.
said: 1.-The constitutional idea of a Quorum
is not the presence Of a majority OF ali TIL
. members of the House, but maiority o
the members present and participating il
the business OF the House. It is not thei
, possible presence, but their judgment an;
: votes which the constitution calls for,
General Garfield, Mr. Blaine, Mr.
Conger, MIR. Robson and other eminen
d, Republicans have taken the same position
! When, therefore the present speaker re
t pudiated this settled construction of tn
constitution we consider it our duty as
. part of the representatives of the peopl
to enter our protests in every form avail
able to US under the circumstances
We are not crying for the right o
the minority to govern, as supporters O
country believe. On the contrary, we az
trying the right of the majority to eiec
members from their seats or to pass law!
) for the government of the people. Unde
the constitution a majority of the member
of the House constitute a quorum to d,
business and we are simply insisting tina
less than a majority shall not d.
business. We are contending that maiorit,
shall take the responsibility which
properly belongs to them and shall com
into the House and vote if they desire tt
control the proceedings, and we are REBEL
} ing against their right to carry their meas
ures by counting us when we do not vote
The claim of the majority that they have
. right to govern the House without attend
ing it's sessions and taking part in the con
duct of its business, is too preposterou
to require Reputation. 1t mus
be evident to any one who understand
the position taken by the Democrat
minority in the House that it cannot pos
sibly result in any injury to the country o
any injustice to the majority. Its onl
!, effect will be to compel the Republica
! majority elected by the people to as
+ sumo the responsibility imposed upo
them On the other hand, no on
: can forsee the evils that may resul
from the Inauguration of the practice c
counting votes not cast in order to make
quorum. Under it d minority of the men
: bers elected to the House and Senate ma
pass the most tyrannical laws for the OF
preston of the people and the most corrul
: laws for the spoilation of the public trea
q ury. Whether so intended or not its dire,
: tendency ia to break down the barrier
}, heretofore existing for the protectic
# of citizens against the encroacl
ments of power, and the spoils
ton of the treasury by destro
It ing the limitations which the constitute
has wisely imposed upon the legislative