River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1890-02-06
THEIR POSITION.


cided-smith Seated.
WASHINGTON, Feb. 4.-The House on
Monday by vote of 1866 to settled the
West Virginia contested election case
by ousting jackson (Dem.) and giving
his seat TO Smith (Rep.), the Demo-
Gratis refusing to vote. For the first
time this session, however, the Repub-
licans had full quorum present.
WASHINGTON, Feb. AIR. Carlisle
has prepared for publication the follow
ing statement of the present position of
the Democratic members of the House,
which is to be signed by all of them:
.sThe present situation in the House of Rep
resentatives is so anomalous and the unprece-
dented decisions OF the Speaker are so full OF
danger TO the integrity OF future legislation
that we consider IL our duty 10 submit brief
statement of the facts in or,ler that the pro-
priety of the course we have taken may be
fairly determined
although nearly two months have elapsed
since the committee ON rules was appointed IL
has made no report except the partial one made
on December authorizing the appointment OF
other House committees and defining their
jurisdietionl, and consequently the House has
been compelled TO conduct its business without
any rules or system except the general parlia-
mentary law construed by the Speaker The
American House Of Representatives HIS been
during all this time, and is still, far as
rules for its government are concerned,
in precisely the same condition as a popular
meeting or political convention, in which the
chairman and mis- partisans absolutely
control all the proceedings No meas
ure can get before the mouse for con
sideration unless the Speaker chooses to
allow it TO be presented and members have
no means Of knowing in advance what they are
to be called upon TO discuss or decide This is
the first time in our history that legislative
assembly, or even public meeting, has
attempted to transact business for any
considerable period without a regular code
of rules prescribing the order of its
proceedings, and the Inconvenience and injus-
tee resulting from such an attempt have been
forcie,y illustrated in the present instance
The Speaker has repeatedly during these ex-
traordinary proceedings refused To entertain
parliamentary motions that have been recog-
nized as legitimate ever since the Government
was established, and when attempts have
been made to appeal from his decisions he has
refused to submit the question to the House.
BY his arbitrary rulings, sustained in some in
stances by less than quorum, he has subyert-
ed nearly every principle of constitutional and
parliamentary law heretofore recognized in the
House.
This personal and partisan dom ination OF
the House was submitted to-though not with.
WINGED that it was the deliberate purpose OF the
Speaker and his supporters TO proceed without
rules to GUST the Democratic members whose
seats are contested and admit their Republican
opponents. whether elected or not"
The statement then recites the pro-
ceedings of the last few days and the
Speakers action in counting members
not voting in order to make a quorum,
and other pertinent points, and continues:
'Since the beginning of the Government
under the constitution more than hundred
years ago, the House of Representatives and
the Senate have uniformly constructed
the first clause Of the constitution quoted
above TO mean that majority OF
all the members-elect must be pres
ent and actually participate in the trans
action Of business. and that whenever upon a
call OF the yeas and nays IL appeared from the
journal, which is the only official record, that
less than the constitutional quorum has voted
on any proposition the vote nullity, and
no further business could be done until the
requisite number appeared and voted
Every presiding officer in the Senate and
every Speaker OF the House except the present
one has held that when less than quorum
voted on call Of the yeas and nays, no matter
how many might be actually present, it was
his duty To take notice of the fact and declare
that the pending bill motion had
not passed. When the vote is not taken
by yeas and nays it is not entered upon the
journal, but il any member makes the point
that no quorum has voted the proceed
ing is a nullity and the vote must be taken
over. The presumption OF the law is that when
nothing appears to the contrary the proceedings
OF legislative body are regular and valid,
and, therefore, when the official record does
not show that less than quorum voted, or
attention is not called TO the fact in such a way
as TO furnish legal evidence of H. the question
HNo do Oft ard hav
been passed when there was no quorum voting,
and it is equally true that many have passed
when there quorum actually present;
but this does not prove that the proceedings
would have heen valid in either case il the
official record had shown the fact.
I'm order TO secure certainty and stability in
the administration Of the law IL is rule in our
jurisprudence that when a particular construc-
tion OF a constitution or a statute has been for a
long time acquiesced in, not only by those whose
duty it is to execute 1t but also by those whose
personal and property rights are affected by IT,,
the courts will recognize it as the true con-
struction and enforce it accordingly. Even
il this were an original question 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 cor
rect 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 quorum is not
the presence Of majority OF all the members OF
the House, but majority OF the members pres
ent and participating in the business of the
House. 1t is not the visible presence but their
judgment and votes, which the constitution
calls for
General Garfield Mr.. Blaine, Mr.. Hawley,
Mr. Conger Mr.. Robson aud other eminent
Republicans have taken the same position, and
their arguments have never been answered.
If any legal or political question can be settled
in this country by the long acquiescence OF
jurists and statesmen of all parties, certainly
this question has passed beyond the domain OF
discussion.
when, therefore, the present Speaker re-
pudiated this settled construction Of the con-
stitution, and decided that when the official
record which the constitution requires
the House TO keep, shows call
of the yeas and nays that quorum
has not voted, he can count members
present and not voting, and thus by his own
act, outside OF the recorded vote, determine
that a measure has passed. we considered II
our duty, as part OF the representatives OF the
people. TO enter protests in every form
available to us under the circumstances.
I'VE are not contending for the right OF the
minority to govern, as the supporters OF the
Speaker have endeavored to make the country
believe. On the contrary, we are denying the
right of a minority to eject members from
I
eminent OF the people. Under the constitution
a majority of the members OF the House
constitute a quorum TO do business, and we are
simply insisting that less than a 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 Representatives and vote II they dc
sire to control the proceedings, and we are pro
testing against their right to carry their meas
ures by counting us when we do not vote.
The claim OF the majority that they have a
right TO govern the House without attending its
sessions and taking part in the conduct Of its
business is too preposterous TO require refuta-
ton. II must be evident to any one who under
stands the position taken by the Democratic mi
nority of the House that it can not possibly re-
suit in any injury to the country or any injustice
to the majority. Its only effect will be to com
pei the Republican majority, elected by the
people, to assume the responsibility imposed
upon them.
ION the other hand, no one can foresee the
evils that may result from the Inauguration of
the practice OF counting votes not cast
in order to make a quorum. Under
it a minority OF the members elect to the
House and Senate may pass the most tyran-
meal laws for the oppression Of the people,
the most corrupt laws for the spoliation OF the
uublje treasury Whether intended or not,
its direct tendency IL to break down the barriers
heretofore existing for the protection Of the cit
izen and the Entertainments of power and
the spoliation OF the treasury by destroy
ing the limitations which the constitution has
wisely imposed upon the legislative depart
ment Constitutions are made to restrain ma
,orities and protect minorities. majority
ruling without limitations or restraints upon
its power is pure despotism, and Is inconsistent
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