The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-30

distinguished republicans. This was more
than mere question Of rules. Il WAS n
constitutional right, the right to have the
yeas and nays entered. and il necessarily
followed that when the constitution said
the yeas and nays should be 50 entered,
they could not he added to or
taken from. lie quoted from Speaker
Baine's ruling un the force bill
TO the effect that the speaker
had not the power To count u quorum, and
declared the decision Just made by Reed
would be the foundation of the greatest
legislative frauds ever committed. The
house was invited here 90 pursuo the course
which Blaine had declared revolutionary.
Crisp quoted Garfield as dcnouncing simi-
lar rule proposed IN his time, and asking,
How do we know but that the speaker may
sce for his own purpose forty members
more thun there are in the house,
OnthwAiie here declared he had been
counted bV the speaker while be was not on
tho floor. Great confusion ensned for few
minutes, when Crisp, continuing. said;
I'VE have lived through great civil war.
when there wns excitement unparalleled IN
the history of parliamentary action. Yet
during all those wears no man, no party
ever before thought u necessary TO intro
duce rule which would give the power Of
declaring the presence of members 10y the
single voice OF one person. In common
with every member ON his side hc demand
ed that there should be tcllcrs. lie quoted
from the remarks Of Reed himself IN de-
bate IN which Reed said the constitutional
iden of quorum is not the physical pres
rnce of majority of members of the
house, hut a majority OF the members pres
ent and participating in business.
Triumphant cheers ON the democratic
side aud in the gallery. Referring 10
the New York decision of Gov. Hill,
Springer said that action had been
denounced by the democratic New York leg
islaiure MS revolutionary. Crisp was pro-
ceeding to read n press report of the last
republican caucus. but was Immediately
called 10 order by Kerr. and the objection
sustained 10y the speaker. Crisp went on TO
appeal to the republican side 10 hesitate
before they endorsed this revolutionary and
unconstitutional ruling.
Cannon said; "'rhe gentleman "n the
other side should consult the constitution.
for after all, in the constitution they have a
mode of asccrtaining what n quorum was,
and il by the constitution there
wns quorum present to-dny the
country would sustain the house.
The constitution provides that each house
shall be the Judge of the election returns of
house shall constitute "A quorum 10 do husi-
ness. Did the constitution say majority
should he required 10 vote for Il measure IN
order 10 pass itY Not M all. II merely said
majority Of each house should constitute
n quorum 60 do business. In conclusion
Cannon laid down the proposition that 10y
general parliamentary law and under th,
constitution. when a quorum was present
and that faci ascertalned. and when ther,
Is "A majority voting IN favor of measure
thnt measure IL adopted, whether II be 4
motion, resolution, OF law.
Carlisle said that no speaker ever sa, il
the chair aud undertook 10 hold that les,
than quorum can pags any bill or vote II
this house until now. All have held that I
majority must not only be present 10 consti
tute quorum, but that quorum must
participate in the legislation. lie quoted
from constitutional sections, and said whei
the trainers of the constitution proyides
that majority of the members cleo
should constitute quorum 10 d'
business, they saw that II Il stoppe,
there. less than quorum could d.
nothing. Therefore they had provide,
that lcss than n quorum could d
certain things-adiourn from day 10 day
compel the attendance of absent members
etc. II the ruling this morning WIS correct
there was no necessity for any provision O
the constitution defining what leHs thnn
majority could do. He denied aDsolutel
The right of the presiding oil
Ger of the house 20 make tn
journal. Suppose the speaker WAS right
Then one man could pass n bill M well NJ
hundred and sixty. The speaker was sim
ply the organ of the house, not It's master
He CCarlisle wns not here 10 deal in epi
theis. but he did say, If this ruling stood, i