The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-30
Exciting Scenes in the House Caused
by the Speakers Unconst-
tutional Rulings.
The Law Defied by the Republicans
in the Effort TO Unseat
Democratic Members.
Crisp. Carlisle aud other Leaders he
nouncc the Action of the speaker
Reed Quotes GoN. Hill.


the election case of Smith vs.. Jack
soil. from the fourth West Virginia dis
trict. Crisp raised the question of con-
On this vote the democrats.
with the exception of Buckalew, Covert and
Cowlcs. relrained from voting While the
clerk was calling the roll the speaker wns
carefully noting the names OF those demo-
crats who were present and not voting.
Before the announcement Of the vote
Rogers. of Arkansas. who had inadvertently
voted ON the Affirmative side. decided 10
his vote, but he was met with
strong objections from the republican side.
Rogers endeaNored 10 secure ruling
from the speaker on the question, hut
the speaker declined to rule. The
speaker counted rs present the mcmbers
refusing TO vote ana declared quorum
present. The house was Immediately III a
great turmoil, but presently quiet was re
stored and the speaker made Il long state
ment in justification of his course. lie
quoted precedents 10 maintain the correct
ness of his position and his remarks were
from time TO time spplauded hy the
republicans. Covert, of New York,
changed his vote fromthe nega-
tive TO the affirmative. Rogers was
then given permission TO withdraw his vote,
As was also Cowles, of North Carolina.
4 he vote was then announced as stai ted
yeas, 16l: nays. ?
The chair directed the clerk 10 record the
names of members present and refusing to
vote.
This statement was the signal for burst
OF applause from the republicans and jeers
from the democrats. The clerk then pro-
eeeded to read the names of the democrats
whom the speaker had joited down as not
voting. When the name of Breckenridge. of
Kentucky. was called, he stepped into the
aisle and IN a resounding voice said 81
deny the power of the speaker 20 do this.
and i denounce II As revolutionary
Cheer after cheer characterized by the re-
publicans as 'the rebel yell" went up from
the democratic side. and IL was several
minutes before sufficient order was restored
20 enable the clerk TO continue the reading
of the names. Order was finally restored
for n while and the clerk WAS proceeding
with the reading, but half "A
dozen democrats were on their feet
denouncing the action of the speaker
Several members of the democratic side de-
MED the right Of the speaker to count them
e. present, one or two snying they had not
been present when their names were called.
Crisp desired 20 appeal from the decision
OF the chair The uproar continued some
time, until finally the speaker said. THE
gentlemen mus; mistake the situation. The
chair must proceed IN order and the gentle
man who is n member of this body will un-
doubtedly allow the chair So Ia proceed. /"
The speaker then proceeded 10 make "A
statement. The clerk, be said. had an
nounced the members voting l6l
yeas and two nays. The chair
thereupon. having heard their names
called in their presence, had directed a re-
cord made Of this fact Accordingly the
question was before the house and the chair
proposed 10 give statement, accompanied
by ruling from which an appeal could be
taken. II any gentleman was dissatisfied
Herewith. The speaker continuing, said
FOR some time question of this nature
has been raised in many parliamentary as
semblies, and there has been great deal
doubt, especially in this body on the sub
ject. The chair recollected proposition of
this kind made by Randolph Tucker, of
Virginia. The proposition WAS made with
regard TO putting II in the rules.
The general opinion prevailed TINT at
the tiiue II was expedient 10 do ~.
That was in 1870. Since then there have
been various Arguments and decisions bv
eminent gentlemen, and those decisions
had much cleared up the question, and rem
dered II more apparent what the true rule
question was raised was IN the New York
state senate. The present governor OF New
York was the presiding officer, and upon
him developed duty similar 10 thni which
now developed ON the speaker lie met
that duty IN the precisely same manner.
\ question had arisen In New York on the
constitutional necessity of having three
tifths oi the members constitute quorum
for the passage Of q certain bill and
the presiding officer held that the constitu.
ilonal provision AS to a quorum was entire
ly satisfied by the presence of the members.
even If they did not vote. That decision
could not be regarded as partisan. There
also had been n decision in the Tennessee
( Legislature OF lsNi. A registration bin WIS
pending and objected 10 by the republicans
who refused to vote. whereupon the speaker
directed the clerk to count as present those
/ not voting, and declared the bill pnssed on
/ that reading.
Those two decisions seemed 10 lie pres
ent occupant OF the chair to cover the
ground. but there WIS an entirely familiar
| process which every old member would rec.
Ogni2e. whereby the opinion of the chair IL
I incontostihlc evidence uf recognition ~ All
] times of the right to record The members
present ~ constituting q part of u quorum
] ~ had been nn almost every dnY occurrence
M certain stnges of the session for votes t0
be announced by The chair containing oh.
yiously und emphaticaly no quorum, YET.
/ II The point is not made, the bill was al-
ways declared passed, aud that could only
he on very distinct basis and that
was that everybody present silently agreed
3 10 the fact there was No quorum, was not n
/ ground um which such a bill could bc passed
constitutiunally, unless the presence of u
quorum WAS inferred, and il was inferred
from the fact that no one rniscd the ques.
ton. n always had been the practice 0i
parliamentary bodies, and especially IN th,
/ parliament ut Great Britain. for the speak.
er 10 determine the question II there was ~
WAS not quorum present by a count
Again, thDre was n provision in the consti.
tuition which declared the house might rs.
tablish rules for compelling the Attendance
Of members. II members could be present
and refuse 10 exercise their iunc
ton and yet not be counted
as n quorum, that provision would seem C
be entirely nugalOry. The spen6er theu
read at length Gov. Hills decision when
presiding officer of the New York senate
and laughter and applause by the rcpubli
cans greeted the reading where the action
of the minority WIS denounced nsrebelliOus
and revolutionary.
The speaker ignored Flowers request 4,
have the republicans, protest against TINT
decision also read. and added, "thc chnil
therefore rules there Is q quorum present
within the meaning OF the constitution
Crisp appealed, but the speaker recOg
niXed PHyson for motion 20 lay the nppeaI
on the table This motion Is not open ~
discussion nd Crisp protested against Pay
sons recognition. Battefworth asked thai
Payson Withdraw his motion, and the letiei
did "a. Crisp then said the decision OF the
speaker was the overturning Of the uninter
rupted practice OF one hundred YEAR,, and
going directly in the face OF arguments Of