The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-02-09
GAR REEDS NEW RULES.
TIE MAJORITY AND MINORITY
REPORTS FILED.

Caustic Criticism.
WASHINGTON. Feb. 8.-Though not for
malv presented in the House, the majority
and minority reports upon the new code of
rnles proposed have been filed with the
journal clerk, and ordered printed. The
majority report, in great detail. explains
the difference between the proposed code
and that previously in force, but in most
instances the explanation is unaccompanied
by any argument.
COUNTING A QUORUM.
In regard to the rule authorizing the
speaker 10 count quorum, the majority
TeDor reads:
Clause of Rule IA directs the method of
ascertaining a quorum when members present
refuse to vote on roll call. The proc IS
of aScertaining the presence of 8
quorum to do business under the con-
stitution would ordinarily be under control
of the speaker, who would derive his informa-
ton from his own senses or by the aid of the
clerk or in any way which would satisfy his
mind Of the accuracy OF the count. Under our
system of roll calls it has been deemed more
convenient TO ascertain and announce the
votes of memb bers, and the presence of those
VINO refuse to vote at the same time and by the
same means.
DILAToRY MOTIONS.
Discussing the new clause of rule 2S that
''nO dilatorY motions will be entertained by
the speaker, )" the report says:
This clause is merely declsratory of parlia-
mentary law. There are no words which can
be framed which will limit members to proper
use Of proper mo ions Any motion most con.
duciv5 20 progress in the public business or
most satisfactory for the comfort and ccnven-
iCuc4 Of the members may be used for the pur-
pose of unjust and oppressive delay. The
majority he kent in session for n long time
against reason and good sense, sometimes at
the ill Of single member, and sometimes for
a still longer period at the Will Of one-fifth who
are mSuSlng the provision of the constitution
for the yeas and nays, by the aid of simple mo-
tiOns proper in themselves, but which are i'm
propsr used, In the early days such
prostitution of legitimate motions caused by
anger, willfulness and partly zeal, was
not so much as named by the legis
lators. To-day the abuse has grown to
such proportions that the pari amentary law
which governs American assemblies has found
il necessary to keep pace with the evil and TO
enable a majority, by the intervention of the
presiding officer, to meet by extraordinary
means extraordinary abuse Of power on the
part, sometimes, of very few members Why
should an assembly be kept from its work by
motions made only to delay and to weary even?
The original desi m of the motion was salutary
and sensible. Why should one-fifth even be
entitled to waste the time of half of themselves
and of the four other ffths by a motion to
adjourn, when the majority manifeStly do not
want to adjourn If a suggestion should be
made that this power is here conferred the
answer is that as the approval of the House is
the very breath in the nostrils of ths
speaker and as nobody on earth is
so jealous of its liberties and so impa-
tient of control, we may be quite
sure that no arbitrary Interruptions wi II take
place, and indeed, no interruption at ali, until
not only such misuse of proper mo ion is made
clearly evid Mt to world, but also that such
action has taken place on the part of the House
oq yVii 10 kpr the of be
body whose wishes are his law So that in the
end it is the power exercised by the House,
through its properly constituted officer.
QUORUM IN COMMITTEE OF THE WHOLE.
Considering the question providing that
hundred members shall constitute a
quorum in committee of the whole, the re-
port says:
years past, since the Thirtieth Congress- as the
business Of CONGRESS has steadily incf feasad,
numerous propositions have been introduced in
the House by members of long service looking
to the reduction OF the number necessary
for quorum in committee of
the whole, but the issue has never
been presented to the House, owing to the fact
that until recently it has never been confronted
with the question of want of a constitutional
quorum, through the refusal of members
present in the House to vote when their names
were called in the House or by division in COM
mittee of the whole, thus breaking the quorum.
1t has never been made political question. aud
never should be- It goes directly TO the bottom of
the question of transacting business in Conf
mittee of the whole. The committee of the
whole, like a standing or select committee, has
merely advisory powers and jurisdiction. Its
action concludes nothing, and must be reported
to the House, which approves or rejects as it
pleases. The same principle is true
with respect to quorum of stand
ing and select committees. The House
has never adopted rule on this subject,
and it has been common practice for such com
mlttee in arranging its days OF meeting for bus
mess, etc, TO fix the number OF Its quorum,
which is less than majority of its whole num-
Der. So far, therefore, as the constitutional or
legal question is concerned, it has never been
denied or questioned that it was entirely
competent FOR the House to select any
number it might please as quorum
Of the committee of the whole. The only ques
tion involved is one purely OF legislative ex-
pediency and propriety. The reason that the
issue has never heretofore been presented is due
entirely to the fact that until recent years MEM
bers have not sat in their seats in the House
and refused to vote when their names
were called. The House for conven-
ience commits temporarily its jurisdiction to
standing and select committees. 1t never parts
with or p rmanently surrenders it. That Juris-
dctlon so Committed is returned TO the House
with the bill or proposition and is again referred
by the II uss for convenience to the committee
of the whole. That the action of that commit
tee is purely preliminary and advisory is dem
onstrated by the fact that no proposition PEND
the previous question cannot be ordered
thereon; that motion to reconsider cannot be
made; that the yeas and nays cannot be taken;
and finally, that it cannot adjourn. The action
Of the committee OF the whole, being therefore,
purely advisory, and concluding nothing, 1t is
clear that this provision cannot be in contraven-
tlon Of the constitution, which is silent on the
subject and is in harmony with well recognized
principles and practice of the English parlia-
ment, the original source of our parliament
ery rules and practice, and or modern
constitutional governments.
In conclusion, the majority says:
Your committee has thus gone over briefly
the proposed new code of rules They believe,
II followed out in good faith, it will at once en-
able the House to have due control over its busl-
ness, and at the same time provide those safe
guards of deberation and debate which Will
enable the House to act wisely.
THE MINORITY REPORT.
The minority report. signed by Messrs.
Carlisle and Randall, reviews the proposed
code and criticises many of its features.
The first change antagonized is to rule "a
On this subject the minority says:
Under clause 4 of rule "a nc bill on the House
calendar can be reached for consideration un-
less called up by the committee that reported
1t, and under clause of the same rule no indi-
Vldual member can make an original motion for
the purpose of considering any particular bill
n committee of the whole House on the state
CI the union. When, however, a motion has
oeen made by direction of com
mlttee to go into committee of the
whole on the state Of the union to
consider particular bill, an individual mem
per may move to amend it by designating
another bill. This is the extent of his right
under the proposed rule. and it is evident that