The Providence news. (Providence [R.I.]) 1891-1906, 1892-03-01
REED BACKED BY LAW.
The Supreme Court Sustalns His
Famous Quorum Ruling,
THE HOUSE MAKES ITS RULES.
IL Is Beyond the Challenge of any Other
Eody-He Says Gle Knew he was
Rieht'-senator Hoar stu III.

WASHINGTON, March 1.-The ono quo
rumD case. In which the legality of the
Dingley Worsted act was attacked by
Ballin, Joseph q Co., importers was yester-
day decided by the United States Supreme
Court. The Dingley act was passed
through the action OF Speaker Reed in
counting quorum when there was a
quorum OF members present, but not
voting. The importers maintained that
Speaker Reeds action was in violation OF
the Constitution and that the act passed
10 this manner was void
The United States Circuit Court for the
southern district OF New York decided
against the United Stateszhnd in favor Of
the importers on this ground, so that the
case came before the United States Su-
preme Court adversely TO the constitu-
fionality of the "no quorum" method of
parliamentary procedure. The court, IN
an opinion by Justice Brewer, holds that
the ano quorum rule was valid and that
the House of Representatives, had right
to make such a rule.
In his opinion Judge Brewer says:
The important question is whether the
act OF Nav 8, 1890 (the worsted act) was
legally passed. The enrolled bill is found
in the proper office-that OF the Secretary
OF the Treasury authenticated and APP
Il
nothing on its face to suggest any inval-
idity.
Is there anything in the facts disclosed
by the Journal of the House as found by
the general appraisers, which vitiates it?
The court has, at the present term, in the
cases OF Field et al VS.. the United States,
had occasion 10 consider the subject of an
appeal TO the Journal in disputed mat
ter OF this nature. Assuming, without
deciding, that the Journal may be appeal
ed to- it must be assumed to speak the
truth.
IL cannot be that we can refer TO the
Journal TO impeach statute properly au-
thenticated and then show by parole ev-
idence that the facts stated in che Jour
nal are not true.
The constitution provides that each
House may determine the rules OF its pro-
cedure and the question is as TO the valid
ity of rule XIV authorizing the count OF
non-voters presently 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 disadvan-
tnges, the wisdom or folly, of such rule
present any matter for judicial considera-
ton, The House may not by its rules ig-
more constitutional restraints or violate
fundamental rights, and there should be
a reasonable relation between the mode
or method OF proceeding established by
the rule and the result which is sought to
be attained.
But within these limitations, all mat
ters of method are open TO the determin-
alton OF the House, and il is no -iInpeaeA--
ment on the rule TO say that some other
way would be better, more accurate or
even more Just. The power to make rules
is a continuous power, always subject TO
bs exercised by the House, and within
the limitation suggested, absolute and
beyond the challenge OF any other body
or tribunal.
The constitution provides that ga ma
jority of each (House) shall constitute
quorum to do business" The capacity OF
the House to transact business is created
by the mere presence of a majority and
does not depend upon the disposition or
assent or action OF any single member or
fraction of the majority present.
The constitution has prescribed no
method of ascertaining the presence of a
majority, and itSs therefore clearly with
in the presence 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 the bill re-
ceived a sufficient number of votes. The
general rule of all parliamentary bodies
Is that when quorum is present the act
of majority OF the quorum is the act of
the body. In the United States constitu-
tion there is no such limitations as is
found in certain state constitution, that
majority of all the members elected
shall be present and be necessary to the
passage of bill, and threfore the general
law OF such bodies obtains. We find that
OF the quorum present a majority voted
in favor of this bill. 1t therefore legally
passed the House and the law as found in
the Office of the secretary OF the treasury
Is beyond challenge.