The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-02-04
The Democratic Position in the Re-
cent House Proceedings Justi-
fed by All Precedents.
If the Majority Want 10 Rule
They Must Attend TO Their
Business.
The Hypocrisy of Reeds Conduct Conclu-
sively Proven by His Own Former
Views Of the Minority Kigbt,.

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 WIS appointed
II has mnde no report. except a partial one
made Dec. ., and consequently the house
has been compelled TO conduct It's business
without any rule OF system, except general
parliamentary law M construed hy the
speaker. The American house of repre-
time and still il. SO far as the rules
for its government ARE concerned in
precisely the same condition rs n popular
meeting OF political convention, in which
the chairman and his pnrtisans absolutely
control all the proceedings. No measure
can get before the house for consideration
unless the speaker chooses 30 allow Il to he
presented, and the members have no means
OF knowing in advance what they are 10 be
called upon TO discuss or decide. This il
the first time in our history that n leglsla-
tive assembly. or even public meeting mas
attempted 10 transact business for any
period without regular code Of rules pre-
scIbing the order of proceedings, and the
inconvenience and injustice resulting from
such ATTEMPT has been forcbly
( illustrated in the present instance. The
personal and partisan domination of the
house WAS submitted TO- though not without
repeated protest until We became con-
viIced Il was the deliberate purpose Of the
speaker and his supporters to proceed with
out rules 10 oust the democratic members
whose seats are contested and admit their re-
publican opponents. whether elected or not
On Wednesday, January -. the committee
on elections called up the contested election
case and the democratic members deter
mined that III the absence Of rules II should
not be considered, if they could prevent it
by ANY parliamentary proceedings.
Accordingly they rais d the question of
consideration, demanded the yeas aud NAYS.
and on the call of the roll refrHined from
voting. The result WAS that less than a
constitutional quorum voted, but the
speaker in violation Of tho uniform prac
tice of the house for mure Than century,
proceeded 10 count the members who were
present, but not voting and declared the
house decided 10 take the case up. From
this decision an appeal was taken. and on a
motion tp lay tile appeal on The table the
yeas and nays were taken ana less ihnn a
quorum voted; but the speaker again
counted the members not voting. and de
cided the motion agreed TO. and his rulin <
tacroby sustained.
The constitution provides that a major
/ iiy of each house shall constitute quorum
20 do business; but smaller number may
adjourn from day to day and may be au-
thorized 10 compel the attendance of alb
sent members in such manner and under
such penalties as each house. may provide.
Another clause of the constitution requires
euch house to keep Journal of its proceed
lngs and proyidcs that when one-fifth
Of the members present desire it. the yeas
. nd shall 10 fal.an t..t,
and entered on the journal. Since he be-
I ginning of tue government under the con-
stltution, more than hundred years ago.
/ the house OF representatives and senate
! have uniformly construed the first clause of
l the constitution quoted above 10 mem q
majority of all members must be pres.
ent and actually participate in the
transaction of business, and ihut whenever
upon call of the yeas and nays IL appeared
from the Journal. which iS the only official
record. that less than the constitutional
quorum voted ON any proposition the vote
was uullity and no further business could
he done until the requisite number appeared
and voted. In order 30 secure certainty and
stability in the administration of law. IL is
/ the rule in our Jurisprudence that when n
particular construction of the constitution
or statute has been for Il long time nc
quiosced in not only 10y those whose duty il
il 10 execute it, but also by those whose per-
sonal and property rights are Infected by IL,
/ the courts will recognize II as the true
construction. Even II this were an orig
inal question il would not be- difficult Go
show that the practical construction Of the
constitution which has prevailed IN the
house and senate for over Il hundred years
is the correct one. Speaker Reed himself,
when in tue minority on the huor of the
house. stated the true meaning md true
philosophy of the constitution when he
sad; The constitutional idea of n quo
rum 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. II is not
their visible presence. but their Judgment
and votes which the constitution calls for.
Gen. Garfield, Mr. Blaine. Mr.. Conger,
RobesOn and other eminent republicans
have taken the same position. When,
therefore, the present speaker repudiated
this settled construction of the constitution
We consider 1t our duty. ms part Of the
representatives, of the people. 10 enter our
protest in every form available under the
I circumstances. We are not cuutending for
the right OF the minority To- govern. as the
supporters Of the speaker have underworld
b to make the country believe. On the con-
trary, we are denying the right pt the min
Ority - eject members from their
seHts or tp pass luws for the
government OF the people. nder tine con-
stitution majority Of the members Of the
house constitute a quorum 10 do business:
and we are simply insisting that less than n
majority shall not do business. We are
coniending that the majority shall takr the
responsibility which properly belongs "a
them. and shall come into the house and
] vote il they desire 10 control the proceed
| ings. And We are protesting against their
| right TO carry their measures by counting
MS when we do not vote. The eiuim ~ the
majority that they have the right TO govern
tho house without attending its scrsion-
and ,uking part in the conduct of In busi-
ness is too preposterous 20 require r,lutn-
tion.
Ii must be- evident 10 anyone who under
stands ihe position tnken by the democratic
minority IN the house that It cannot
possibly result in any injury TO the country
uT in any injustice 10 the majority. lis
only effect win ho tu compel the republican
majority elected by the people 10 assume
The responsibility imposed upon them. ON
the other hRnd. no one cau tofesce the eyll'
that may result from the Inauguration Of
the practice Of counting votes not cast N
order 10 make quorum. Under lt q
minority Of the meuIbrrs-elect 10 the hunst
and sennte may pnss the most tyrannical
lnws for the oppression of tht
prople snd the most corrupt hw'
Tor the spoliation Of the public treasury
Whether 81 intended or not. its direct tend
ency s 10 break down the barfiOrs hereto
fore existing for The protection Of citlzcns
against the cnCruaclliueuts of the powel
and spoliation Of the treasury' by destroy.