New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-01
REPUBLICAN ACTS UPHELD.
IMPORTANT DECISIONS BY THE UNITED
STATES SUPREME COURT.
THE M'KINLEY TARIFF AND DINGLEY woRsrxD
BILLS. AS WELL AS SPEAKER REEDS |:
METHOD OF COUNTING A QUORUM. DE-


METHOD OF COUNTING A QUORUM. DE-
cLARED TO BE CONSTITUTIONAL
tBr TELEGRAPH TO THE Tribune
Washington. Feb. 29.-The United States
Supreme Court to-day rendered decisions affirm
ing the constitutonality of the Dinsly Wcrstsd
act, approved May o. 1880, and the Mckinley
tariff act of October 1, 1890; and, incidentally.
establishing the validity Of the rule in the last
House of Representatives permitting the Speaker.
for the purpose Of preserving quorum, to count
memiers present but not voting.
OF course their decisions were the subject OF
general comment among Representatives. irrespec-
tive of party and ex-Speaker Reed was the happy
recipient OF warm congratulations from MS re-
publican associates, as well as from few Demo-
Gratis. or course the great constitutional lawyers
on the Democratic side who SO vOciferousy DE-
nounced as unconstitutional and revolutionary"
the rule which authorized the Speaker to count
present members who were present, but refused
to vote, were taken aback when they learned tnnu
the highest judicial tribunal in the land, three OF
whose members are Democrats, had unanimously
affirmed the constitutionality Of that unconstitu-
tonal and revolutionary" rule Some OF them, it
Il understood, had gone far as to advise the
imuorters who brought the suit that the Worsted
act WAS clearly unconstitutional on that ground,
and this advice no doubt was followed by tho
importers, who have spent good deal OF money
to ascertain that the advice was WORTHLESS Alr.
Reed has never felt any misgivings as to the
result of the proceedings, and no man was more
willing or anxious than he to have the action OF
the last House in making the rules for the
government of that body reviewed by the Supreme
Court. and made the subject OF judicial pro-
cceding He therefore was neither surprised nor
unduly elated when the purport OF the decision
was made known to him.
That Speaker Crisp, Mr.. McNlillin Colonel
Breckinridge and other leading Democrats were
surprised as well as bitterly disappointed was evil
dent. They had undoubtedly hoped and expected
that Two members of the Supreme Court would
sustain their position, but even that crumb OF
comfort was denied them, and they doubtless
felt that the very foundations Of the Republic
were shaken.
HARD DOSE FOR THE DEMOCRATS.
As soon as he could obtain copy OF the de-
cision Mr.. Dolliver, of Iowa, brought it over to
the House. That body was in Committee OF the
Whole on the Indian Appropriation bill, and Mr..
Dolliver having obtained the floor, sent up the
decision to be read by the Clerk. This was gall
and wormwoOd to the Democrats. but none or
them thought it wise to offer any objection, and
the decision will therefore appear in full in The
Record" of tomorrow.
ing the validity and constitutionalty Of the Tariff
act of 1890 was not surprise to many persons
who have carefully studied the history Of tarih
LEGISLATION The decision, however, deprives
Democratic stump speakers Of two favorite
weapons Of attack, and spoils number OF speeches
which nave already been prepared for delivery In
the House. The court unAnimouAIy amxmeq tno
constitutionality o. the provtsion for the pay
mcnt Of bounties to domestic producers OF sugar.
Ohief-Justice Fuller and Assoelate-Justice Lamar
dissent from the Judgment affirming the validity
and constitutonality of the provision authorfz-
ing the President, in case any country producing
certain articles shall refuse to enter into reciprocal
trade agreements In consideration Of the free ad-
mission of said articles to cause duties to be col
lected on them if imported into the United States
from such country. Justice Lamar takes the
ground that this is an attempt by Congress 70
delegate legislative power, and therefore Is un-
constitutional. The Chief-Justice holds the same
opinion. Justice Lamar, however, cOncurs with
the majority of the court as to the constitu.
tionality of all the otl ar provisions of the act.
The decision Of the court is that no provision OF
the act is unconstitutional.
SPEAKER REEDS METHOD LEGAL
The mo quorum case was that in which the
legality of the Dingley Worsted act was attacked
by Balin Joseph & Co., importers. The Ding
ley act was passed through the action OF Speaker
Reed in counting quorum when there was
quorum OF members present but not voting. The
importers maintained fha. Speaker Reeds action
was in violation of the Constitution, and that the
act passed in this manner void. The United
States Circuit Court for the Seventh District OF
New-York, decided against the United States. and
in favor Of the importers on this ground, so that
the case came before the United States Supreme
Court adverse to the constitutionality Of the no
quorum, method of parliamentary procedure The
court in an opinion by Justice Brewer holds
that the no quorum rule was valid, and that
the House Of Representatives had right to
make such rule
The steps by which the court reached this con-
clusion are interesting. Justice Brewer began
by stating that the important question was
whether the act Of May 8, 1890, lthc worsted
act was legally passed The decision says:
The enrolled bill Is found in the proper ofcethat OF the
Secretary authenticated and approved in the cua'
tomary form There is nothing its face TO suggest any
inyadity anything in the disclosed by The
Journal OF the House found by the general apprasers
which vtiats tl In Gardner the Collector it Is helt
that whenever question arises in court OF law Of the
existence statute, OF the time when statute took
effect tprecise terms Of statute the judges VINO
called upon decide It have right to resort TO any
OF information which, in Its nature Is capable @
conveying the judicial mind clear and satisfying
answer to such question always seeking first for that
which Is most appropriate unless the positive
law has enacted u different rule. and We have at the
present term in the cases Field ct al the United
States consider the subject OF an appeal
To the Journal in disputed matter Of this nature IL Is
unnecessary to add anything here 10 that general DIS
cus.lon Assuming without deciding. that the Journal
may be appealed be assumed to speak the TRUTH
IL cannot be refer to the journal to impeaeh
statute properly authenticated and then show by parole
evidence that stated In the Journal arc noe true
The possibility OF such nsccuracy or alsehood only sus'
sests the unreabty evidence and the danger Of
anealng to It to overthrow that furnished BY the bill
rolled and by the signatures OF the presiding
officers OF the two and the President OF the United
States.
The Constitution provides that each House may deter.
mine the rules OF its procedure and the question as u
the validity Rule XIV authorizing the count OF non'
voters presently and not methods the Speaker may
adont 10 determine the presence OF quorum or what
n. NAV n,acc uuon the Journal Neither DO the sdvsa.