Morning journal and courier., 1892-02-03
A NEW SPEAKER.

A ME W SF EA EA Hhs The Democrats of the House Tire of Speaker Paige and Appoint David Callahan to Fill the chair Acting | Pro TempOre- Absent Members to l be Brought In. HARTFORD, D,Feb.2.-[Specisl.] ]-The house of representatives met at the capitol to-day 1 or at least the democratic members did, and another act of the farce-comedy was arried out by the democrats, which re- suited in the appointment of president pro tenn, clerk pro tenn, sergeant-at- arms and six deputies.
 The House.
 At o'clock the house convened, with Speaker Paige in the chair, only seven re- publicans being present and eighty three democrats. Prayer was the first order of the day, and the minister urgently prayed that the difference of opinion might not interfere with the work before them and that they might be guided correctly to the outcome of the present trouble. The roll was next called and announced, when Speaker Paige immediately adjourned the house until tomorrow at o'clock.
 Walker was on his feet during this time, insisting on being heard, but the speaker paid no attention to him, and adjourned the house. MT. Walker then ssturning to adjourned. Keep your seats." This the democrats did, while Speaker Paige twisted uneasily in his chair, uncertain what to do next, and messenger was dis patched to Governor Bulkeley's room to ask advice. The messenger returned @ minute later, and MT. Paige locked up his gavel and at once left the chamber. Mr. Walker then proceeded to business by addressing his constituents as follows:
 ''The constitution of Connecticut pro- vides in section 7 of article 3, that a ma jority of each house shall constitute quo rum to do business; but smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties as each house may prescribe The house rules which provide that in the absence of quorum, the speaker may adjourn the house to the afternoon or to the next sit ting day, or may pronounce recess until the afternoon, or to the next sitting day, or to any calender day within one week, are wholly void; because if valid, they would nullify that part of section 2 of arti- cle of the constitution, which authorizes u Sunll0I AuL1OCl IAhA duo4 uIn Go CoA1- pei the attendance of absent members. The supreme court of the United States has de- cided, in the case of Poinde1ter vs. Green how, IA United States reports, and in many other cases, that even a statute is void from the beginning, which, if valid, would nullify constitu- tional provision. It is therefore be- l yond the power of the legislature of Connecticut to make valid law to pro- vide that in the absence of 8 quorum the | speaker may adjourn the house, or declare a recess; and it is plain that what the en- | tire legislature cannot do by g statute, be- | cause prohibited by the constitution, the house cannot do by @ rule. In the case of Poindexter vs. Greenhow, the supreme court also decided that where an officer l performs an act in accordance with an un- l constitutional law, that act has no validity l whatever. For these reasons it is certain that the declaration which Speaker Paige has made, and which purports to adjourn l operative and invalid; and therefore the house is still in session, with full powers | to compel the attendance of absent mem. bers."
 In concluding he offered 8 resolution which he read himself in the absence of { speaker, nominating Representative David Callahan (dem) of New Haven as speaker pro tempore. The resolution was passed and MT. Callahan was at once sworn ir by MT. Walker, in his capacity as 8 justic, of the peace, and being presented with g new gavel, MT. Callahan strode to the speakers desk, amid the applause of thos present, who enjoyed the fun, and won dered what would come next.
 Speaker Callahan at once requested Clerk Eddy (iep.) to act as cle-k of tn house as then organized. This Eddy re fused to do, and Walker again presented another resolution on the strength o which Representative Msrkley (dem.) O New Britain was elected clerk pro tenn pore and sworn in by the speaker. Al was then ready for business, and MT Walker, who had the proceedings all ar ranged beforehand arose and said:
 s'It is we'll established point of consti tutional law, that where 8 constitution gives to legislative body an express pow CT to do a particular thing, it thereb, gives that body implied power to use al necessary means for the accomplishment of the thing expressly authorized to b done. For this reason, the express powe which the constitution of Connection gives to smaller number than a quorum of the house, to compel the attendance o absent members, is accompanied by an i'm piled powerNo use all necessary means fo the accomplishment of that result. It is
 we'll established point of parliamentsr, law that the employment of 8 sergeant at arms may be a necessary means to secur the attendance of absent members, ant where, as in the Connecticut house of rep l resentatives, there is not already a ser geant-at-arms; and where, as at present the minority is about to exercise it's consti tutional power to compel the attendance O absent members, it becomes proper to pro vide that necessary means to that constitu tional end by electing sergeant-at-arms If the house adopts the resolution which
 have introduced for the election of a ser tion to that office of one of the deputy sher ifs of Hartford county, and when he i elected shall recommend him to appoin none but other deputy sheriffs of Hartfort county to be deputy sergeant-at-ar arms. Thu our sergeant-at-arms and his deputies vii not only have authority as such, but wil have the authority and power of sheriff
 to protect our proceedings from violence and confusion, in the unexpected even that any officer or other citizen of Con necticut should attempt to interfere witt our peaceable and regular exercise of ou
 constitutional power to compel the attend Mccarthy, by resolution introduced b, | Walker, was next elected and sworn in a sergeant-at-arms, and he in turn swore il six other deputy sheriffs as deputy ser geant-at-arms, who at once proceeded tt preside as doorkeepers.
 MT. Walker4at this junction again ad dressed the democrats, saying:
 "The constitution of Connecticut pro vides that a majority of each house shal constitute a quorum to do business; but , smaller number may adjourn from day te day, and compel the attendance of absen members in such manner and under suct penalties as each house may prescribe I is well settled that the house. which il authorized by this provision to proscrib' the manner and the 'penalties,' is tn, same house that is authorized by the sam, provision to 'comper the attendance O absent members; for it required 8 majority to prescribe the man |, ner' or the 'penalties,' that majority could prevent the minority from compelling th' attendance of absent members, and could thus nullify the constitutional power O.
 the minority to do that highly necessar, and beneficial thing. It follows that { } smaller number than a majority of thu house may compel the attendance of ab
 sent members in any manner, and unde
 any penalties known to parliamentary law One of the mildest of the penalties con : sists of forfeiture of the salaries of sucl members as deliberately refuse, withou
 sufficient excuse, to attend the sittings O the house. That penalty has been vel
 known to parliamentary law for many cen