Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1890-02-13

that when nothing appears TO the con.
trary the preceding Of q legislative
body are regular and valid, and there.
fore when the official record does moi
show that less than quorum voted, oil
attention is not called to the fact In
such q way as to furnish legal evidence
of II, the question cannot be made
afterwards. Many bills have been
passed when there was no quorum vo,
ting, and it Is equally true that many
have passed when there was no quorum
actually present; but this does moi
prove that the proceedings would have
been valid In either case II the official
record had shown the fact.
In order to secure certainty and sta
bility in the administration OF the law
1t is q rule in our jurisprudence that
when a particular construction of q
constitution or statute has been for a
long time acquiesced in, not only by
those whose duty it is to execute it, but
also by those whose personal and prop
erty rights are affected by it, the courts
will recognize 1t as the true construction
and enforce 1t accordingly. Even il
this were an original question it would
not be difficult to show that the practi-
cal construction of the constitution
which has prevailed In the House and
Senate for over 100 years is the correct
one. Speaker Reed himself, when in
the minority on the floor of the House,
stated the true meaning and the true
philosophy of the constitution when he
said: 1.-THE constitutional idea of a
quorum is not the presence of major
ity ofall the members of the House,
but a majority of the members present
and participating In the business of the
House. 1t Is not the visible presence,
but their judgment and votes which
the constitution calls for" Gen. Gar
field, Mr.. Blaine, Mr.. Hawley, Mr.. Con-
ger, Mr.. Robson and other eminent
Republicans have taken the same po-
sition and their arguments have never
been answered. Ifany legal or politi-
cal question can be settled in this coun-
try by the long acquiescence of jurors
and statesmen of all parties, certainly
this question has passed beyond the
domain of discussion.
When, therefore. the present Speaker
repudiated this settled construction of
the constitution and decided that when
the official record which the constitu-
ton requires the House to keep should
show on call of the yeas and nays that
quorum had not voted, he can count
members present and not voting, and
thus by his own act, outside of the re-
corded vote, determine that q measure
had passed, we consider it our duty as
part of the representatives of the
people to enter our protests in every
form available to us under the circum-
stances. We are not eontending for
the right Of the minority to govern, as
the supporters of the Speaker have ell
deavOred to make the country believe.
On the contrary we are denying the
right of minority to eject members
from their seats or to pass laws for the
government of the people. Under the
constitution a majority of the members
of the house constitute quorum to do
business and we are simply insisting
that less than o majority shall not do
business. We are contending that the
majority shall take the responsibility
which properly belongs to them, and
shall come to the House, of representa-
tives and vote if they desire to control
its proceedings, and we are protesting
against their right to carry their meas
ures by counting US when we do not
vote. The claim of the majority that
they have right to govern the House
without attending its sessions and
taking part in the conduct of its busi-
ness is too preposterous to require refu-
tation; it must be evident to anyone
who understands the position taken by
the Democratic minority in the House
that it cannot possibly result in any in
jury tosthe country or any injustice to
the minority. Its only effect will be to
compel the Republican majority elected
by the people, to assume the response
bility imposed upon them. On the
other hand none can forsee the evils
that may result from the inauguration
of the practice of counting votes not
cast in order to make quorum. Under
it minority of the members elected tc
the House and Senate may pass the
most tyranical laws for the oppression
of the spoliation of the public treasury
Whether;s0 intended or not its direct
tendency is to break down the barriers
heretofore existing for the protection o.
the citizen against the encroachments
of power and the spoliation of the
treasury by destroying the limitations
which the constitution has wisely i'm
posed upon the legislative department
Constitutions are made to restrain ma
jorities and protect minorities. A ma
jority ruling without limitations or re-
straints upon it's power is pure despot
ism, and Is inconsistent with our sys
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