Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-28
COUNTING A QUORUM.
The Action Of Speaker Reed Defended by the
Attorney General
rBE QUESTION BEFORE TIE SUPREME COURT IN
THE CASE BROUGHT BY IMPORTERS TO DISPUTE
TKK VALIDITY OF THE TAHITI ACT As TO TIE
DUTY ON woRsTEps.

The Attorney General and Solicitor General
taft have filed their brief with the Supreme
Court in the case brought by importers to dis
pute the validity of the act of Congress relating
to the duty on worsteds.
The question in the case is whether the act of
Congress approved MAY g. 1890, providing for
the classification of worsted cloths as woolens
Is valid and had the effect to make the duty
upon worsted cloths equal to that which the tariff
act OF March 8, 1883, imposed upon woolens-
Judgment was given against the United States
by the Circuit Court on Appeals. and the gov
eminent appealed to the Supreme Court
THE CONTENTION THE IMPORTERS
The contention OF the importers is that the
Law ia invalid because of there being no quorum
voting in the House when 1t was passed
Counsel for the government in their brief
first take up for argument the point made by
the importers that there not a constita-
tional quorum IN the House when the bill
passed that body. They contend that the duly
enrolled act, signed by the presiding officers of
10th houses, approved by the President and
deposited with the Secretary of State and
>nder his direction published among the laws
o. Me United States, is the ultimate record of
the law and the best evidence Of its passage.
Entries on the journals of either house, though
within the judicial knowledge of the court. do
not impeach contradict the presumption
from the completed record of the properly en-
rolled act, that il was constitutionally passed.
THE VOTE on THE BILL
The government then refers to that portion
Of the Congressional Record showing the action
on the bill. One hundred and thirty-eight
nembers voted for the passage of the bill and
no members voted against il.
The Speaker announced, from a list noted
BY the clerk at the suggestion of the Speaker,
seventy-four members as present III the hall
when their names were called and not voting.
The Speaker thereupon stated that said MEM
bers present and refusing to vote, seventy-four
in number, together with those recorded as
voting. 1873 in number, showed a total vote of
2l2 members present. constituting quorum to
do business, and that the yeas being 13S and
the nays none. the bill was passed The names
of the members present and not voting are
spread upon the journal. One hundred and
sixty-seven members were a majority of all
those elected to the House OF Representatives
of the Flfty-frst Congress so that 167 members
were a quorum to do business. The number
of members present in the hall of the House at
the time the bill passed is shown by the jour
mails to have been PIP. The number necessary
to constitute n quorum. therefore, was present
THE NO QUORUM CONTENTION.
The importers contend that the rule of the
House providing for the noting by the clerk
of members present and not voting for report
to the Speaker, with the names of members
NOItip 10 Uc COUuttu anu announced utIeI-
mining the presence Of a quorum to 90 bust
ness. is invalid because the words of the Con-
stitution "a majority of each shall constitute a
quorum to DO business mean that every men,
Der Of the quorum shall vote when his name is
called. else that he IS not doing business. and
therefore does not make of a quorum ito
do business"
RIGHT OF THE SPEAKER TO COUNT.
The government argues that the provision in
the Constitution that a smaller number may
adjourn from day to day and may be author
lied to compel the attendance OF absen. men,
bers in such manner and nnder such penalties
rs the House may provide counsel for the gov
eminent say Is a complete answer TO the above
contention of the importers Plainly the in
tention was that quorum should be restored
and constituted by the enforced presence OF
absent members. 1t was the absent members
that prevented the quorum, not the refusal of
members, though present. TO take part in the
proceedings o. to admit ON the record their
visible presence.
How futile and nugatory would be the power
to compel the attendance OF members saws
counsel if. after they are brought in by pro-
cess OF the House. they could by refusing to
vote as effectually break the quorum as if the
sergeant-at-arms had never found them
The power of the House to punish its men,
beers can neither be delegated nor exercised bv
Q minority IL the trainers OF the Constitution
bad intended such power TO be used in OBJ |
tanning quorum they would have given il to
the present minority as they did the power to
compel the attendance Of the absent. II mem
bers present remain silent and break the quo
rum TO defeat bill, is it likely that they will
vote and make a quorum on the question
whether punishment shall be inflicted on any
one Of their number for refusing to vote on the
bill?
The history of the clause fixing the number
OF a quorum in the constitutional convention
only emphasizes what is plain on the face of
the Constitution itself, that to mako one of a |
quorum the presence o: the member is all that
v necessary.