The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-03-03
TIE "ouORUMn DECISION.
Tho Supreme Courts IienSons for Sus
tanning Speaker Heed and tho Rcpubli

Tho Supreme Courts ItcnHons for Sus-
tanning Speaker Heed and tho Kcpubli-
can Rule.
From he Opinion Of the United Sdits Supreme
Court.
The constitution provides that each
house may determine the rules OF its
procedure, and the question is as to the
validity OF rule Nv authorizing the
count OF non-voters presently and not
what methods the speaker may adopt
to determine the presence OF q quorum
or what ne may place upon tho journal.
Neither do the advantages or disadvan.
tages, the wisdom or folly, OF such n
rule present any matters for judicial
consideration. With the courts the
question is only n OF power. The
constitution empowers each house TO
determine rules Of proceedings. 1t may
not by its rules ignore constitutional
restraints or violate fundamental rights,
and there should be q reasonable re-
lation between the mode or method OF
proceeding established by tho rule and
tho result which Is sought to be
attained. But within these limitations
all matters OF method are open to the
determination OF the house, and it is no
impeachment OF tho rule to say that
some other way would be better,
moro accurate or ever more just. 1t is
no objection to the validity OF n rule
that 4 different one has been prescribed
and in force for q length a time. The
power to make rules is not one which.
once exercised, is exhausted. 1t is Il
continuous power, always subject to be
exercised by the house within the lin
itations suggested absolute and beyond
challenge OF any other body or tribunal.
The constitution provides that "a ma
iority OF each (housc) shall constitute Il
quorum odobusiness." In other words,
when n majority arc present the house
is in q position to do business. Its CO.
pacitv to transact business is then cs-
tablishcd, created by the mere presence
of majority, and does not depend upon
the disposition or assent or action OF
any single member or faction OF the ina.
jority present. All that the constitution
requires is the presence OF n majority,
and when that majority is present the
power OF the house arises. Tho consti-
tuition has prescribed no method OF as
certaining the presence Of u majority,
and it is therefore clearly within the
competency OF the house 10 prescribe
any method that shall be reasonably
corlain to ascertain the fact.
There vas Il quorum present when
this bill was passed, and the question is
whether, Il quorum being present, the
bill received n sufficient number oil
votes, and hero the general rule Of all
parliamentary bodies is that when Il
quorum is present, the act OF a majority
oil the quorum is tho act OF the body.
Summing up this matter, the law is
found in the secretary OF the treasurv's
Office, properly authenticated. ii we
appeal TO tho journal OF the house, We
find that q majority OF its members
were present when the bill pissed, IL
majority creating by the constitution Il
quorum with authority to act upon any
measure; that the presence OF that
quorum was determined in accordance
with n reasonable and valid rule here
toiore adopted by the house, and OF that
quorum q 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 be-
vond challenge.