The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-01-30
USURPING POWERS.
Speaker Reed EndeavOrS to Ride
Rough Shod
OYER CONSTITUTIONAL RIGHTS
By Arbitrarily Counting as Present and Con.
shutting Quorum Democratic Men,
bers who did not Vote.

! WASHINGTON, Jan. 29.-Mr. Dalzell, OF
Pennsylvania, called up the election case
of Smith VS.. Jackson from the Fourth
West Virginia district. Crisp raised the
question of consideration on this vote
The Democrats, with the execution OF
Buckalew, Covert and Cowles, refraine6
from voting. While the clerk was calling
the roll, the speaker was carefully taking
the names of those Democrats who were
present and not voting. Before announce
ment OF the vote, Rogers, of Arkansas, who
had inadvertently voted on the affirmative
side, desired to withdraw his vote, but he
was met with strong objections from the
Republican SIDE Rogers endeavored tc
secure ruling from the speaker on the
question, but the speaker declined to rule.
The speaker counted as present the mem
bers refusing to VOTE and declared a QUO
rum present. The House was immediately
IN great turmoil, but presently quiet was
restored and the speaker made long state
ment In justification of his course. He
quoted precedents to maintain the correct
ness OF his position, and his remarks We're
from time to time applauded by the Re
publicans.
Covert, of New York, changed his vote
from negative to affirmative
Rogers was then given permission 70
withdraw his vote, as was also Cowles. of
North Carolina. The vote was then an
nounced as standing yeas, 16l: NAYS, 9.
| Crisp raised the point of no quorum.
Inc Speaker-The chair directs the
| clerk to record the following names of
members present and refraining from
voting.
This statement was the signal for a burst
OF applause from the Republicans and
Jeers from the Democrats The clerk then
proceeded to read the names of the Demo
Gratis whom the speaker had iotted down
and not voting. When the name of Brock :
nrldge, of Kentucky, was called. he
| stepped into the aisle and in a resoundine
voice said: Il deny the power of the
speaker to do this and L denounce it as rev
olutlonory." Cheer after cheer (charac-
terlzed by the Republicans as ''the rebel
vel went up from the Democratic side
and 1t was several minutes before sufic
lent order was restored to enable the clerk
to continue the reading of names. But
order was only comparative, for while the
clerk was proceeding wi. b the reading half
dozen Democrats were on their feet de-
nouncing the action of the speaker.
Several members on the Democratic side
denied the right of the speaker to count
them as present, one or two saving thew
mad not been present when their names
were called.
crisp desired an appeal from the decision
OF the chair. The uproar continued some
time. Finally the speaker said: sGentle
men must not mistake the situation. The
chair must proceed in order and members
TINS way will undoubtedly allow the chair
10 proceed" Inc speaker then proceeded
TO make statement. 1.-THE clerk.n he
said, chad announced the members VOTING
as 16l yeas, 2 nays. The chair thereupo9
having heard their names called in their
presence had directed record made of this
TACT. Accordingly, the question was before
the House, and the chair proposed to
give statement accompanied nv
the ruling from which the appeal
could be taken from any gentleman is dis
satlshed herewith The speaker con
tlnulng Herewith said: For some time a
question OF this nature has been raised in
many parliamentary assemblages and
there has been good deal of doubt in this
body as to the subject. The chair recol-
lected proposition of this kind nv
Tucker, of Virginia. The prop6-
sltlon was made with regard to putting If
In rule. The general opinion prevailed
at that time that it was eXpedient to do so.
mat was In 1850. Since then there have
oSeh ' ANUS arg uLlSuLS ana decisions bV
gentlemen, and their decision had
much cleared up the question and rendered if |
more apparent what the true rule was
one of the first places where the question
was raised was in the New York state |
senate The present governor of New |
Y ork was the presiding officer and upon |
MIN devolved duty similar to that which !
now devolved on the speaker. He NET |
That duty in precisely the same manner.
hn6 n,,ica
the constitutional question whether three
hf this OF the members constitute quorum
on the passage OF certain bill and the pre-
siding officer held that the constitutional |
provision as to quorum was entirely SAT-
shed by the preser ce of the members even
II they die not vote That decision conld
not be regarded as partisan
:, Ihere also had been a decision in the
tennessee legislature in 1885. The regis.
ration bill was pending and was ohiecfed
20 by the Republicans, who refused to
vote, whereupon the speaker directed the
clerk to count as present those not voting.
md declared the bill passed on the third
'eading.
''Those two decisions seemed to the pres-
mt occupant of the chair to cover the
ground; but there was an entirely familiar
process which every old member would
recognize whereby the opinion of the chair
1t all times OF the right to record members
present as constituting part of a quorum
t mad been an almost every day occurrence
1t certain stages of the session for a vote
10 be announced by the chair CONTAINING
5he statement emphatically that there was
40 quorum, yet if the point was net made
lhe bill was always declared passed. and
mat couio only be ON very distinct basis
and that was that everybody present
,h0Ul0 foo
quorum and there was no ground /
On which such bill could he
passed constitutionally unless the
presence OF quorum was inferred
and it was inferred from the fact that no
one raised the question. 1t always had
oeen the practice of parliamentary bodies.
and especially in the parliament of Great
Britain, for the speaker to determine the
question II there was or was not a quorum
present by count. Again there was a
in the constitution which de-
dared that the House might establish rules
or compelling the attendance of members.
L members could be present and refuse to
exercise their function and vet not be
counted as quorum, that provision would
eem to be entirely nugatory'
Inc speaker then read at length Cover
lor HIPS decision when presiding officer
Il the New York senate. and laughter and
pplause by the Republicans greeted the
eadlng of the sentences where the action ]
: tie minority was denounced as REBEL ]
ous and revolutionary. The speaker ig- !
ored Flowers request to have the RepuE- )
can protest against that decision also read. Il
nd added: 1.-The chair therefore rules that {
here is quorum present within the mean 8
1g of the constitution
Crisp appealed, but the speaker recog
lied Payson for a motion to lay the appeal
n the table. This motion is to omen the :
and Crisp protested aca,n.t ! !