The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-01-31

of recognition he had already recognized the
gentleman from Ohio. Mr.. Mckinley then
proceeded with his argument. This ques-
tion, he said. was the most important in ev-
| cry respect not only to the majority, but the
minority. 1t was of sufficient Importance to
demand OF the members to pause and con,
slder 1t, unmoved by passion and unbiased
by prejudice. 1t was constitutional rather
than parliamentary question. The Speak
er had the right he contended. to proceed to
note that 80 or 35 members who refused to
vote, on the roll call, were present in their
seats. All that was involved In the appeal
was simply question Of fact Did any gen.
tleman whose name was disclosed by the
count Iise in his place and declare he was
not present? Not one. The constitution did
not declare that majority Of the members
| who answered to their names should c0nsti-
tute a quorum. The question of how
was left to l'I the House NGtadH'ffe and iSe
House left 1t to the Speaker. Under general
right to count the members, and If there was
no quorum stop all business. The principle
was distinctly established that presiding
officer might count, and 1t was his duty to
count, the number of members, present to
| constitute quorum. The gentleman from
| Kentucky [Mr. Carlislel had declared that
under the Speakers decision one representa-
| tive could pass bill with 167 members Sit
| ting In ,heir seats in silence. III tho 167
members refused to vote, when their votes
| would defeat the proposition, the vote Of
| single member ought to pass the bill. This
was
DONE OVER AND OVER AGAIN,
| in every week Of every session Of Congress
held in the last century.
Mr.. Carlisle suggested that the c0nstitu-
| tion provided tnat when the President We
toed measure it should not become law un-
less re-passed by a vote Of two-thirds. He
understood the gentleman to contend that
II 165 members were present, any part of
that number voting, the others remain
Ing silent, might pass bill. Did the gentle
man hold one man could pass bill over the
Presidents veto?
Mr.. Mckinley replied that he was not dis
cussing the question as to what the House
could do on bill sent back by the President.
That was constitutional provision.
Mr.. Carlisle said no bigger quorum was
required then than when any other measure
was before the House.
Mr.. Mckinley The gentleman will re-
call that under that very provision Of the
Constitution, yea and nay vote Is re-
quired. 1t Is not required on the passage OF
other bills" Applause on the Republican
sidel.
Mr.. Cmlsle-"A fifth of the members
have the right to require the yeas and nays
under the Constitution, and one becomes
l Juob al liDp6EdLtpb rs tIl6 OLutI. lApplduo6
on the Democratic sidel.
Mr.. McKinley-"When gentlemen sit in
their seats and refuse to perform public
duty, they are repudiating a great public
trust" Applause on the Republican sidel.
Continuing. Mr.. Mckinley said that Mr..
Carlisle, as Speaker, repeatedly sigued bills
and resolutions which never received con-
stitutional majority. He had done it when
the public record of the HOu>e, announced
by himself, showed that less than the major
nj thn oNAA Nt..a efr.N.D 90 . H.
Democrats yesterday was never dreamed
Of by the fathers Of the Constitn-
tion. They had never dreamed of
sullen silence as statesmanship. He was
not saying the Democrats were doing differ
done for years. He. himself. had stood
here, and fillibustered day after day in ST.
lence, refusing to vote; but he could not now
recall that he had ever done it from a high,
noble noble and and worthy purpose Appaause
member that he had not felt ashamed of hiIi-
self. [Applause.] II the gentlemen would
be honest with themselves and with each
other they would remember how commonly
| fillibustering was carried on, on account of
personal pi0ue. No minority ever carried on
fllibustering that was not afterwards
ashamed of the whole proceeding. II the
gentlemen on the other side were going to
have revolution, let them have
| 1t In the proper way and
GET OUT OF THE HOUSE.
| [Applause on the Republican side.l They
had no business to turn upon the Republicans
here and ready to do business, and call them
revolutionists. The gentlemen on the other
side wanted to perpetuate fiction which
| declared that although members were pres
| ent in their seats they should be held con-
structively absent. The Republicans were
| contending that members who sat in their
seats should be counted as present, because
| they were present. [Applause on the Repub-
lican side. The DemocTats wanted the
wanted the journal to declare the truth
SIApplause.l 1t was about time to stop this
legat fiction. Let the members be honest
with eacffet Let them defeat a bill in
CONSTITUTIONAL by debate, amendment
and yea and nay v0te,-> expressive Of their
judgment. This controversy was to deter
mine whether the majority should govern or
be subject to the tyranny of the minority.
The position of the gentlemen on the other
side meant that they would either ruin or
rule. though they were in minority. The
Republicans insisted that while they were in
a majority, the other side should do neither.
[Applause ON the Republican side.
Mr.. Crisp-"In the language Of Mr.. Blaine,
deny utterly your right to say l aln pres
ent.'
Mr.. McKinley-"We are discussing wheth-
er that is right or wrong"
Mr.. Crisp-"I play Mr., Blaine against the
gentleman"
Mr.. McKinley-"we settled one question
| at a great deal of cost-that minority could
| not rule In this country. lApplause.l We
| intend to settle this one in the broad light of
| public opinion, In the presence OF 60 millions
| of people, whether the constitutional major
ity of this House shall do tho business Of the
| Mr.. Turner of Georgia, said the pending
| question was the most important that had
/ ever arisen as to the mode of procedure in
/ this house. He believed the future legisla-
tion of the country depended on a conserva-
tive view OF the constitution. He believed
| If the wild view presented here was once en-
grated on the practice Of the House. it
would inaugurate reign OF anarchy and
profligacy unprecedented In the annals Of
| the country. 1t was an important question
which men should discuss. On the 30th of
January, two months after the beginning of
the session, the House was without single
rule of procedure. At the same time, II
election contests were pending on which
THE JUDGMENT OF THE HOUSE
was to be taken in the absence of single
regulation VIII ich would enable the members
to call for tellers OF devise ways and means
| by which absentees could be sent for. In the
absence of any sort of rule, except the will
of the Speaker, by which the House coulC
| proceed in the discussion of these matters
the Democrats had asked for rules and beer
denied them. Had IL been the object o.
those who belonged to the majority to with
hold the rules In order that they might ap
proach the decision by constitutional pow
er as to the right of member TO his seat? 1
looked so. lhe main aisle separated twt
very evenly divided parties. Was that no
| such an exigency as to explain, perhaps thu
recent conversion of some public men inter
ested In this subject? Was there not sutfi
cient virtue in great, leading, and honora
| BILE party to follow the precedents Of fift.
congresses, and put away this temptation
Mr. Reed, in speech atWo0dstock, declared
fillibustering dishonest, unpatriotic and un
| constitutional. Mr.. Turner denied the righ
, | OF the Speaker to note him as present ant
not voting, thus declaring he was dishones
| and unpatriotic. The time had never beel
; in the history of free parliamentary debat
! | when the Speaker could name any man TO
censure, rebuke or animadversion withou
the authority of the House. Here tn
Speaker, without a rule, authority or Iigh
, | according to common law, named member
| as men who had not done their duty. /
, | read his name as a man delinquent in hi
duty would be to hold him up to the countr
| as man not fit to be trusted with power an
| responsibility. If the gentlemen on tn
! | otf er side desired that done, he begged Q
| them to do IL In an orderly way. Let tn
3 | majority pass a resolution to censur
! ! him for his delinquency. On sue
resolution as that he woul