New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-30


Tho ouestIon in New.Yorl had arisen on the con-
stitutiona necessity of having threets OF the mem
hers To constitute a quorum for the passage Vi
certain bill, and the presiding oihcer hau nou "''
that constitutional provision as to quorum ""s q"
trely satisfied by the presence OF lhe n."o' =,
even IL they did not vote. Accordingly, he '
rected the recording officer Of the Assembly, as 2ar'
of the record Of the transaction. to put do"h 'io
names of the members OF the Senate who were pieen'
and refused to vote, in precisely the manner VIM. %
the present occupant Of the chair had aoopvcu io
decision could not be regarded as III any se"'0
partisan, at least as'he cited IT,
There had also been decision Of the same nature
in the Tennessee LEGISLATURE Of 1855. These TWO
decision seemed to the present occupant OF the cir
TO cover the ground but there was an entirey
familiar process which every old member wOuiu rec
ognze, whereby the opinion Of the Chair IS lhcon
testable evidence Of the recognition at all tnes VI
the right to record members present as constituting
part of a quorum. 1t had been almost a&l every
day occurrence at certain stages of the session, Tor
votes to be announced by the Chair, CON
tanning obviously and emphaticaly no quorum
IL had always been the practice In Parliamentary
bodies Of this character especially in the Paraheht
OF Great Britain, for the Speaker to oetermihe inc
question whether there was or was net quorum
present by count. Again, there was provision In
the Constitution which declared that the House might
establish rules for compelling the attendance OF mem
bers II members could be present ana refuse 10 eA-
ercise their functions and yet not be counted as
ouorum that provision would seem to be entirely
nugatoIy.
DAVID B. HILL SETS PRECEDENT.
The Speaker then read at length Governor Hills
decision when presiding officer of the NeW-forh 'ei-
ate, and laughter and applause by the Repuohcahs
greeted the reading Of sentences where the actloh Oh
the minority was denounced rebellious ana reVoi
tionary The Speaker ignored Mr.. Flowers request
IN have the Republican protest against that decision
also read. The reading having beeh comPle'ou' '"'
The Chair therefore rules that there Is quorum
present within the meaning of the Consttuiloh.i iniir
Mr. Crisp, Of Georgia, appealed from tle HecISiUn' @
and demanded recognition, sut the speaker re-
cognzcd Mr. Payson. of Illinois, for moon 10 10 i4S ~
the appeal on the table This motion was no, ope DO -
djscussion and Mr.. Crisp protested against Mr ray
sons recognition. For some ume & &lett ~ va ocpnrred
Mr. Butterworth of Ohio hope the gentleman from
rbiu is' an iunorant question and gentlemen on the
other side have right to be heard loud applause
on Mr. iro Payson thereupon withdrew his motion
Mr. Hatch of Missouri. rising 70 a. question e.; ma ana o
ps present and declining to vote, when the record
showed that for week past he had an honorao.o 40. .
pair with Mr. Rockwell. and he had declined 10 Vo'o
The speaker replied that the gentleman tom Missouri
had right in defence of hmself to make any deemTd nd
he saw fit but the prOpretes required that ~ siouiu
also be said that there was no recognition III us & DouS
onrtbng al ont them exccpt the individuals COZ cenei
Mr. Crsp said that the decision of the Speaker was
yG pa g6Sg a drecy in the face Of the arguments
Of distinguished Republicans VINO hau % pIaines
re rnnr oE t6e Force bill to the effect that the Speaker
lad not the power to conn Quorum ana a de@larS Sa
the tIleO " foundation of the greatest legislative
frauds f1H ever committed. The House ,.Ncs was
invited NV p,aiBs mere had declared Cared to be revolutionary
lie quoted Mr.. Garfield denouncing spiiar rule
MORE TUMULT AND UPRoAR.
At this time there was another great tumult and
uproar. Mr.. Kerr and others desiring to put some
questions to Mr.. Crisp, but the Speaker soon SUI
ceeded in restoring comparative ORDER
Mr. Crisp went to quote another remark OF Mr'
Garfeld's in the same discussion, that the Speakers
count of the House under the existing rules coula
always be controlled by count by telers. .,
Continuing, Mr.. Crisp quoted nom tne REMARKS VI
the present Speaker, in the same debate, wren MT;
Reed used these words; The Constitutional idea OF
quorum is not the physical presence OF a majority
OF the members Of the House, but majority OF inc
members present and participating in the business
! of the House. Triumphant cheers and clapPnS OF
| hands on the Democratic side and in the galleries.
The Speaker, in his bIandest MANNER and 1I eq1lrey E
free from every trace Of excitement said "Wlll the
| House have. the kindness to be in order" tLaugh-
Mr. Crisp was proceeding to read the press report
of the last Republican caucus, but was Immediately
called to order by Mr.. Kerr, and the objection was
Mr. Cannon replied to Mr.. Crisp. Whatever might
have been said bearing the question by this great
To respectful consideration. After ALL the question
was to be decided here and now, in the igh OF the
own Judgment at the close of the nineteenth century
Ills observation had been that, as the years rolled
round and as times changed, new remedies ahu
reasonable remedies had to be found under the Con
stjtution, for difficulties and evils that had beer been
tolerated for years-if those remedies did not violate
The letter or spirit of the Constitutions. ,,,
Mr.. Carlisle, of Kentucky, SAID: ms ueclslon,
strictly speaking, is not question OF parliamentary
law, in the proper of the word, 1t Is question
of Constitutional law No Speaker ever before sat III
that chair and undertook TO hold That 1esS than a
quorum can pass any bill or vote in TINS llouse
II the ruling made this morning was correct tnere mere
was no necessity for any provision OF the CONSTITUTION
defining what less tnan majority could DO. .
Mr. Carlisle then went on TO argue that as the
ionrna Of the House was accepted by the courts OF
the country conclusive evidence Of the action o.
he Uouse IL was absolutely necessary that IL shoul
record the proceedings accurately. lie denied abso
ntely the right of the presiding officer of the liouse
10 make the journal applause on the Democratic
side1 lie was not here to deal In epthetS, but ne
did saw tha. II this ruling stood it worked complete
reyoIuion in the method Of tansactng business II
the House. ., -. ,.,,, 4. .
motion 10 adjourn which was carried without DIVISION
on tbe ouestion of approving tOday's journal