New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-28
THE RIGHTTOCo QUORUM
A TEST OF TEE TARIFF ACT ON THIS POINT
BRIEF OF THE GOVERNMENT IN DEFENCE "
ITS CoNsTITuTIoyALITY.

BRIEF OF THE GOVERNMENT IN DEFENcE W
ITS CoNsTITUuoyALITY.
w.sh,noton. Nov. 27.-Attorney General Miller ana
solicitor General Taft have prepared the brief on behi
~ the limited states in the OF the United states
art palln. Joseph & Co., importers. Tho iatter com
nlI,n that the Collector at New.YUk collected more
duty upon sixteen OF worsed clochs tnsh te Jaw
permitted and seek refund OF tho excess. Inc "e"
era Appraisers sustained the action OF the Ooheco'
but the Circuit Court appeal gave judgment against
fine United States From the decision Of the Circuit Court
the Government appealed The first position Of messs
BALM, Joseph Co. is that the act OF May ., 1850
never acquired the validity Of law because there was
not a constitutional quorum to 40 business W VIC
Iyouse when the bill passed that body Couhso' TOT 'e
Government contend that the duly enroiiea sc', "se
by the presiding officers Of both Houses approved oy
the President and deposited with the secr,a'y u
state and under bis direction published amsns the laws
~ The limited states Is the ultimate record of the law
and the best evidence Of it's passage. Entries on tc
Journals Of either House, though WITHIN the 'uui.,A'
knowledge Of the court, do not impeach OF coh'fa'
the presumption that IL was constituuon@hy Paes0u
The Speaker announced from LIST nopcd Dy 0~ Non
seventy -four members present when tner hameS "o
called and not voting. The Speaker thereupon 'es'vo1
that the members present ana refusing =" 'v'0,
seventy four in number together with those recof"o
as voting 1873 in number, showed total Vo'e %
Ole members present constituting quorum presehs
To do business and that the yeas being 13o ana tno
NAYS none the bill passed The names Oh uo
members present and not voting are spread upon the
Journal
The importers contend that the rule OF the House
providing for the noting by the Clerk OF momocie
present not voting, for report to the speaker WIN
the names of members voting to be counted ana an.
uounced in determining the presence Of quorum 10
40 business "a involved because the words Of the Con-
a,tutton "a majority Of each shall constitute quorum
to do business that every member OF the
shall vote when his is called, OF else tnat nc
not doing business and therefore does not MAKE one
of a quorum to do business"
The proyision In the Constitution tnat smaller
number may adjourn from day to day ana may d
authorized TO compel the attendance OF absent mem
hers In such manner and under such penalties as the
House may provide counsel for the government say
is a complete answer to this contenuon' fla'uiy Ue
intention was that quorum should be res'oroa anu con
stuted BY the enforced presence OF absent memoors
was the absent members that prevented the quorum
The power Of the House to punish It's members eau
neither be delegated nor exercised by minority -
the trainers of tho Constitution had intended such
mower TO be used in obtaining quorum they wouid
have given it to the present minority, as they oid the
power to compel the attendance OF the ABSENT
members present remain silent and break the quorum
to defeat bill, is it likely that they Will woe aas
make a quorum on the question whether pumshmen'
shall be indicted on any Of their number for ne
fusing to vote on the bin The central idea in the
term Is the presence OF enough Of the members OF
definite limited body to completely represent the
whole body as that minority Of those present can 90
acts which shall in law be acts Of the entire body IL
Is the presence Of the necessary number not tn r
active participation, which makes quorum Inc
leading law lexicons leave doubt upon TINS point
The entertainment Of quorum is part OF the procure
of the House. The power OF each House to determine
its rule OF procedure includes power to prescribe the
mode Of ascertaining the presence OF quorum. Inc
bill vaidly passed by the House. and az no cues
ton Is made in respect to the regularity with which
was passed by the Senate and approved by the PTes
dent It became May g. 1890, the law OF the land'
Concerning the effect Of the act II valid counsel for
the Government say it is implied amendment OF the
act of 1893 and worsted clause OF 1t TO the extent
of imposing the same duty upon imported Worsueu
cloths as upon woollen cloths