The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-01
REEDS SILENT QUORUM.
THE SUPREME COURT UPHOLDS
TEE Ex-SPEAKER.


The Decision Incident to an Attack on
the DinRley Worsted Act-The Court
Upholds the Right of the House to
Make Rules for It's Government
WASHINGTON. Feb. 29.-The mo quorum
case" in which the legality of the Dingley
worsted act, was attacked by Railing,
Joseph & Co., importers. was to-day de-
cided by the United States supreme court.
The worsted act was passed through the
action of Speaker Reed in counting a quorum
when there was quorum Of members pres
ent but not voting. The importers main
tained that Speaker Reeds action was in
violation of the constitution, and that the
act passed in this manner was void. The
United States circuit court for the Southern
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 oonstitutionality Of the mo quorum"
method Of parliamentary procedure. The
court, in an opinion by Justice Brewer
holds that the ''Do quorum" rule was valid,
and that the House of Representatives had
a right TO make such rule.
THE POWER TO MAKE RULES.
The court says the constitution provides
that each house may determine the rules of
its procedure, and the question is as TO the
validity OF rule l5"., authorizing a count
OF non,voters present, and not what meth
ods the speaker may adopt to
determine the presence of quorum
or what he may place upon
the Journal. Neither do the advantages or
disadvantages, wisdom or folly of such a
rule present any matters for judicial con-
sideration. With the courts, the question ia
only one Of power. The constitution ems
powers each house to determine the rules OF
it proceedings. 1t may not by
its rules ignore constitutional re-
straints or violate the fundamental rights.
and there should be q reasonable relation
between the mode or method of procedure
established by the rule aud the result which
is sought to be attained. But within these
limi tations all matters Of method are open
to { be determination of the House. and il
may not be impeachment of the rule to cav
that some other way would be better, more
accurate or even more just. 1t
is i, no objection to the validity
one has been prescribed and in force for a
length OF time. The power TO make rules
IS not one which once exercised is exhausted.
lt IS continuous power, always subject to
be exercised by the House, and within the
limitations suggested absolute and beyond
the challenge of any other body or tribunal.
THE PRESENCE OF MAJORITY.
The constitution provides that "a majority
OF each house shall constitute q quorum to
do business In other words, when a
majority are present the House is in a posi-
tion TO do business. Its capacity to transact
business is then established, created by the
mere presence of = majority, and does not
d0Nnnn DNs ha
action of any single number or fraction of
the majority present. All that the consti-
tuition requires is the presence of a
majority, and when that majority Is pres
ent the power of the House arises. The
constitution has prescribed no method of
ascertaining the presence Of a majority, and
1t is therefore clearly within the competency
OF the House to prescribe any
method that shall be reasonably GER
tain to ascertain the fact. There was
a quorum present when this bill passed, and
the question is whether q quorum being
present, the bill received sufficient num-
Der of votes, land the general rules of all
parliamentary bodies is that when a Quorum
Is present. an act of the majority of the
quorum Is the act OF the body.
AN OMISSION OF THE CONSTITUTION.
In the United States constitution there is
no such limitation as is found in certain
state constitutions, that a majority shall be
present necessary to the passage Of a bill,
and, therefore, the general law of
such bodies obtains. The principle is the
same in respect to directors and
trustees meetings, which are legislative
bodies representing larger constituencies.
Summing up this matter this law is found
In the Secretary Of the Treasury's office.
properly authenticated. II we appeal to
the journal Of the House we flud that ma
jority Of its members were present when
the bill passed, a majority creating
by the constitution, quorom with
authority to act upon any measures; that
the presence of that quorum was deter
mined in accordance with reasonable and
valid rule heretofore adopted by the House
and Of that quorum majority voted in
favor of the bill. 1t, therefore, legally
passed the House, and the law, as found in
the Office of the Secretary of the Treasury
is beyond challenge
The second point made by the importers
and sustained by the lower court-that the
act provides for classification (of goods In
direct non-conformity with the facts-this
court dismisses with a statement that the
direction for the classification of the goods
named was mandatory and left no discre-
trNWr a. ~