The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-02-10
MAJORITY AND MINORITY.
Reports on the New Code of Rules
Filed in the House..

WASHINGTON, February S.-Though not
formally presented in the House, the majori-
ty and minority reports upon the new code
of rules proposed have been filed with the
journal clerk and ordered printed.
The majority report in great detail ex-
plains the great differance between the pro-
posed code and that previously in force. but
in most Instances the explanation is unac-
companied by any argument In regard to
the rule authorizing the Speaker to count a
quorum, the report says:
"Clause Of rule IA directs the method Of
ent refuse 10 vote on ro7I caR f5e nrdeess
of ascertaining the preSence of a quorum, to
do business under the constitution, would or
dinarily be under the control of the Speaker,
who would derive his information from his
own senses, or by the aid of IA 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 deemeQ more conve-
nient to ascertain and announce the a>yotes of
members and the presenee6f those who re-
fuse to vote at the same time and by the same
me: nle:rfss
Discussing the new clause to rule 26 that
"no dilatory motion shall be entertained by
the SGeaker," the report says:
This clause is merely declarat0ry OF par
liamentary law. If the suggestion should be
made that great power is here CONFER ed, the
answer is that the approval of the House is
the very breath in the nOstrils of the Speak
er, and as nobody on earth is so jealous of its
liberties and so impatient of control, we may
be quite sure that no arbitrary interruption
Will take place, aud, indeed no interruption
at all until not only such misuse Of proper
motions is made clearly evident to the world,
but also such action has taken place on the
part OF the House as will assure the Speaker
of the support of the body whose wishes are
his law. So that in the end it is power ex-
erclsed by the House through its properly
constituted officer"
Considering the question of providing that
100 members shall constitute a quorum in
committee of the whole, the report says:
The reason that the issue has never here
tof0re been presented is due entirely to the
fact that until recent years members have
not sat In their seats in the House and re-
fused to vote when their names were called.
The House, for convenience, commits, tenn
porarily, its jurisdiction to standing and
select committees. 1t never parts with or
permanently surrenders it, That jurisdic-
ton, so committed, is returned to the House
with the BILL or proposition, and Is again
referred by the House, for convenience, to
committee of the whole The action of the
committee of the whole being, therefore,
purely advisory and concluding nothing, it
is clear that this provision cannot be in con-
travention of the constitution, which is
silent on the subject, and is in harmony
with the wellrec0gnized principle and
practice of the English parliament, the
original sources of our parliamentary rules
and practice and of modern constitutional
government"
in conclusion, the majority report says:
Your committee have thus. gone over
briefly the proposed new code of rules. They
believed, If followed out in good faith, it
Will at once enable the House to have due
control over its business, and at the same
time provide those safeguards of dellbera-
tion and debate which win enable the House
to act wisely"
The minority report of the committee,
signed by Messrs. Carlisle and Randall, re-
of its features. Among them are clause of
rule "a, which provides that no bill on the
House calendar can be reached for consid-
Grafton unless called up by the committee
that reported 1t; and clause 5. that no indi-
vidual member can make an original motion
for the purpose of considering any particu-
lar bill in committee of the whole House on
the state of the union.
The minority say that if majority vote is
sufficient to suspend the rules and fix day
for consideration OF Dill, when the motion
is made by direction Of committee, GER
tainly the same vote ought to be sufficient
when made by an individual member upon
his own responsibility and in behalf of his
constituents.
The report says that the most dangerous
measure proposed by the ma maiority TnHeotVua 4
change in rule Is providing that ION demand
of any member or at the suggestion of the
Speaker, before second roll cali is entered
upon, the names of members sufficient to
make quorum In the hall of the House who
do not vote shall be noted by the clerk and
recorded in the journal and reported to the
Speaker with the names of members voting.
and be counted and announced in determin,
ing the presence Of a quorum to do bust
ness"
The minority believes that any rule or
practice which enables the Speaker or clerk
and not voting will inevitably result 'c in de-
stroying the confidence of the people in the
integrity of legislation, and engender con-
troversies and litigation which might be cas-
ily avoided BY adherence to the mandate Of
the constitution as neiIe6oiore Interpreted.
the minority is emphatic in its protest. t'O''OA'