The Lake Charles echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1876-1898, 1890-02-14

the constitution quoted above to mean
that majority Of all the members
elect must be present and actually
participate in the transaction of busl.
ness, aud that whenever, upon call
of the yeas and nays, IT appeared
from the journal, which Is the only
official record, that less than the con-
stitntional quorum has voted on any
proposition, the vote was nulhty
and no further business could be done
until the requisite number appeared
aud voted, ....f
Every presiding officer 10 the senate
and every speaker of the house, ex.
eept the present one, has held that
when less than quorum votes on a
call of the yeas and nays, no matter
how many might be actually present,
it was hs duty 10 take notice of the
fact and declare the pending bill or
motion had not passed, When the
vote is taken by yeas and nays it is not
entered upon the journal, but if any
member makes the point that no quo,
rum has voted, the proceeding is a
nulIity and the vote must be taken
over,
The presumption of the law is that
when nothing appears TO the contrary
the proceedings of a legislative body
are regular and valid, and therefore
when the official record does not show
that
LESS THAN A Quorum VOTED,
or attnlion is not called to the fact
in such way as to furnish logical ev,
rdence of 1t, the question cannot be
made afterwafd,
Many bills have been passed when
there was no quorum voting, and it is
equally true that many were passed
when there was no quorum actually
present; but this does not prove that
the proceedings had been valid Ia
either case if the official record had
shown the fact. In order to secure
certeinty aud stability in the admins,
tration of the law II is rule in our
Jurisprudence that when a particular
construction of constitution or a
statute has been for u loug time aequl-
esGed in, not only by those whose duty
II IS TO execute il, but also by those
whose personal and property rights
are affected by it, tho courts will rec
ognizo it as the true construction, and
enforoe it accordingly.
Even il this were an original ques-
tlon it would not be difficult to show
that the practical 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 of and the
philosophy of the constitution when
he said; "The constitutional idea Of
a quorum is not the presence of a ma
joFlty of all the members of the house
but a maiorityof the members present
and participating in the business oI
lhe house. 1t is not the visible pres,
enoe, but their judgment and votes
which the constitution calls for"
General Garfield, Mr.. Blaine, Mr.,
Hawley, Mr. Oonger, Mr.. Robson and
other eminent Republicans have
TAKEN THE SANE POSITION
and their arguments have never been
answered. If any Legal or political
question can be settled in this country
by the long acquesenCe OF jursts aud
statesmen of all parties, certainly this
question has passed beyond tho do
main Of discussion
When, ,theTeforo,the present speaker
rePndiatGd this settled construction Of
the constitution and decided that when
The ollieial record which the constitu.
tlqn requires the house 10 keep shows
on call of yeas and nays that a quo
rum has not voted, he can count those
present and not voting, and thus by
bis own act, outside Of the recorded
vote, determine that q measure has
passed, we consider it onr duty as
part Of the representatives Of the pep.
pie 10 enter our protest in every form
available TO us under the ciFGum-
tRDCes.
Wo are not coRtesting for the right
Of The minority 10 govern as the sup
porters Of The speaker have endeay.
oFed 10 make the countTy believe. On
the contrary, VIC are denying lhe right
Of Q minority to eject members from
their seats 0r TO pass laws for the
government Of the people. Under
the constitution q majority Of the
members Of the honse constitute a
quorum TO do business, and wa are
simply insisting that less Than a major
ity shall not do business, We are
contepdlpg that the majority shall take
The responsibility which properly be-
longs TO them, and shall come % the
lousc Of Representatives and vote If
they desire 70 control It's proceedings,
and We aIe protesting against their
right m garry their measures by count
ing ps when We don't vote.
THE CLAIM oF THE MAJORITY
that they baye 2 right 70 govern The
hqpse without attending its sessions
and taking PART IN the conduct of its
business u too preposieFops 10 require
refptqiiog. 4 must be evident to any
one WIG understands tbe position tak
en- by lle Democratic minority 10 the
honse tbat II eanAot possibly Tespl In.
any injury 70 tle country or any iDils
tee - ihe minority lts only eject
will beto compel the Republican ma.
jqrlly elected by tbe people to aespms
Yes responsibility imposed upon them
Qp the other hald, no one cap fqgeeee
she oyila tbas may fesqlt ffem tba iHs