The Forrest City times., 1890-02-08
DEMOCRACY'S DEFENSE
PRESENT POSITION OF MEMBERS OF
 THE HOUSE.
A statesman!ike Paper From Mir. Carlisle Giving CoEent Reasons for rhcir Fight
 Against Reed.


 The following covers the ground SC completely that we give it in preference to an original writing. The high handed proceedings of Mir. Speaker Reed is here eloquently set forth;
 "wAsHiSoTox. Feb. 3--Mr. Carlisle has pre- pared for publication the following statement of the present position of the democratic members Of the house, which is to he signed by all of them.
 "Thc present situation In the house of repro seutativcs is so anamulous, and unprecedented decisions Of the speaker arc SO full of danger to the integrity oi future legislation, that we consider II our duty to submit brief state ment of the facts in order that the propricty of the coursc we have taken may bc fairly dc tcrmincI.
 ''rhc house met on December 2 lss1, and i'm meGiately organized by the election ot q speaker and other o1icers Un the same day by n resolution Of the house, tho speaker was authorIzed to appoint committee on rules, and thc ruics of tho last preceding house were referred to that committee. The committee. consisting Of the speaker and four other lncIu- bers, was appointed on December D, and on the sth il made a report, authorizing the speaker to appoint all tue other committees and defining their jurisdiction. The contIt- tee on elections, to which was referred nll cases involving the rights ct members to then seats was appointed on December 9.
 Although nearly two months have elapsed since the committee ou rules was appointed. tcircd to it. except the pat t!al one nlSdc on the 9th ot December and consequently the house has been compelled to conduct it's busi- ness without any rule or system. except the general parliamentary law as construed by the speaker. There has been no cslcnoers. no order of business, no fixed tune to receive re ports from committees or for the eone!dcrl- ton of bills and resolutions and in fact no regular methods whatever in proceedings oi the house.
 Tho house of representatives has been dur ing ali this time, and still is so far as rules for it's government are concerned, in precise 7 The same condition ns a popular meeting or a poiitIcsl convention, in winch the chairman and his partissns absolutely control all the pro cCedings. No measure c&u get before the house for consideration unless the speaker chooses to allow it to be presented, and mem bers have no means Of Knowing in advance what they are to bc called upon to discuss or decide. This Is the first time in our history that a legislative assembly. or even rubhc meeting has attempted to transact business for any considerable period without d rogunr code of rules prescribing the order of its pro cecdings. and the inconvenience and injustice resulting from such an attempt have been forcihy illustrated in tho present instance.
 The speaker has repeatedly during these extraordinary proceedings refused to enter tsin parliamentary motions that have been re- cogntzcd as legitimate ever since the govern mcnt was estabiishc,l. aud when attempts have been made to appeal fgom his decisions, he has refused to submit the question to the House. By his arbitrary rulings. sustained in some in- stances by less than a quorum. he has subyert- ed nearly every principal of constitutional and parliamentary law heretofore recognized in the house.
 This personal and partisan domination of the house was submitted to until we became convinced that it was tue deliberate purpose oi tue speaker and his supporters to proceed without rules to oust the democratic members whose seats arc contested, and admit their re publican opponents W hether elected or not
 On Wednesday, January Ss, the committee on elections called up a contested election case. and the democratic members determined that in the absence ot rules Il should not be cons id- cred 1T they could prevent 1t by any proper parliamentary prpcecdings Accordingly. nAndc the yeas and nays, and on the call oi the roll rcfrainod from voting The result was that loss than constltuuonal quorum voted. but ts.c speaker in violation Of the uniform practice of the house for more than century proceeded to count members who were pres ent, but not voting. and declared that tho house had decided to take the case up. From this decision an appeal was taken aud oa a motion to lay this appeal on tho table. the yeas and nays were taken and less than quorum voted but the speaker again counted members not voting, and decided that the motion was agreed so. and his ruling thereby sustained.
 The constitution of the United states pro. yides that d ma jority of each house snail con stititc Il qlorum to du business. but a small GIT number may adjourn from day to day and may be authoriked To compel ihc attendance bl aptcDt nttubffS ill slSh manner Htli AliGF such penalties as each house may provide
 Another clause ot Inc constitution requires each house to keep journal or It's proceed. inFs, and provides that when onc-ffth Q; the members present desire H. Inc yeas and nays slia!l be taken on any question and entered in the journal.
 since tue beginning of the government under the constitution inore than hundred years slro the house of representatives and the senate have uniformly construed tho first clause of the constitution quoted above to fl..s s .f,f must be present and actually participate u the transaction Of business. and that wheu. ever, upon call of the yeas and nays. t sp- peared from the journal, which i- the Ouiy of- ficial record. that less thau the constitutional ui-orum has voted on any proposition, the vote was nudity, and no farther business could Ge done unt.l tho requisite number appeared and voted.
 Every presiding officer in the senate and every speaker uf the house, except the present one. ha, hcid that when less than quorum voted on a 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 the ponding bill or motion ha'i not passed WEcn the vote is taken by yeas and nays il rs not entered upon the journal. but if any mem bcr makes the point that no quorum has voted. tho proceeding i- a nuiilty, and the vote must nc taken over. The presumption of the law is that when nothug appears to the contrary the proceedings of \ legislative body arc regu- lar and valid. and. therefore, when ths o;lic, al record does not show that lees than "a Quurum voted, or attention is not called to the fact tn such way as to furnish legal evidence of it. the question cannot bc made aftcrwsrd
 Many bills have been passed when there was no quorum voting. and 1t is equally true that many have passed when there WAS no quorum actually present; but this does not prove that the proceeding had been valid in either case II the olfio!al record had shown ;h c fact
 "ln order to secure certainty and stahiltt, in the administration Of the law Il IS rule in our jurisprudence that when 6 particular con, structiun of a constitution or a statute has been for long tune acauleseed in. not ouiy by those whose duty IL Is to execute it, but also by those whose personal and property rights arc effected by it. tho courts wiil recus. uiEe il as the true construction and enforce it accordingly Even if this were an original question Il would not be tii'icat ,o show that the practical construction of the constitution which has prevailed h the house and senate for over l,S years is the correct one Speaker Reed himself whom in the minority on the tioor of the house, stated the true meaning and the true philosophy Of the constitution when he said.
 The constitutional Isica of q quorum Is not the presence of majority of ail the members or tho houso, but a majority of the members present and participating in tho business oi the house It is not the visible presence. but thor Judgment aud votes. which the constitu tion calls for
 ",ien. Gsriieid. Mr, Blaine, Mir. Hawley. Mir tonscr, hr- Rpheson and other eminent re pubcans have taken the same position, ana their arguments have never been answered II any legal or political question can he set tied in this country hS the long acqutcsceucs oi turists and statesmen of all parties, certainly this question has passed beyond the domain oi discussion.
 "" hen. therefore, the present speskeF rcpu diatca tai- settled construction uf the consti tution and decided that when tho official re cord. which The constitution rcausgps ths house to keep. shows on a cal of the ycas ans nays that < quorum has not voted, he cat count members prcsent and not voting, ans mus, hy his own act out idc of the recoftie, vote, determine that measure has passed. W, consider tt our duty, ss a part ot the rcpresen' tstlFes Of the people, to eater our protests it every form available under the circulnstances ] We are not conte-tlng fur tho rights ot Ihs minority to govern as tho supporters of th, | speaker have entIeavored to make the country believe. tu the contrary we are denyi ths right or minority to eject members Iron tnStr seats ar 10 pass la~s for the guNein mcni or the people under the constitution ( majority uf the members of tho house consti tufc quorum to ao business and wc are sim | pi. insisting that less tlau a majority shat not do husiness We sre contondiug that the majority shall take the responsibility whiet i properly belongs ta them. and shall ctlno l. the hotIse of representatives aud vote if tbey desre la coatrNl its prsAccc iiugs aai we art PrOtesfiug against their right to carry theti uieasdrt's hy counting tls vi hen we siu not vote Tue claiu of tho majority that they have $ right Ia govern the houre without attending lts sessions and taking part is the conduct oi ' "a r 4su