The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-04-21
MANY CARS.
The New Closure Rule in the
House,
Puts the Responsibility On the
Members.
A HOPEFUL AUGURY.
Perhaps the House MayDo Some
thing Now.


1t were wearisome task to set forth and
still more to read the varying opinions of
prominent congressman ON the radical
change provided for by the rules for count
ing q quorum brought forward by Mr..
Springer and others Suffice it to say that
the best lawyers of the house generally ap-
prove of them, while radical Democrats
like Mr. Bryan as generally oppose the
closure Judge Culberson, chairman of the
Judiciary committee, in reply to questions
on the subject, said: 1T would be idle for
me to give an, opinion now when the SUI
prene court has done so in the clearest
language. Read the decision in United
States versus BALM, United States Re
ports IA, and you have my views. AS
. Judge and laWmaker alike, I must take the
law as the highest court has declared it, -
= Supreme Court Decision.
The fact that such decision has been
rendered Is well known, but as its scope is
disputed the public should read the exact
language The case came up on appeal
from the circuit court of the southern dis
trict of New York, the appellees claiming
that tho act of 1890 for the classification
of worsted cloths as woolens'' was not
adopted by q constitutional majority. The
court set forth the journal of the day, in
Guiding these passages:
t'The speaker laid before the house the
the classification of worsted cloths as
woolens, coming over from last night as
unfinished business, with the previous
question and the yeas and nays ordered.
''Thc house having proceeded to the con-
sideration aIsl the question being put,
Shall the bill pass? there appeared-yeas,
13S; nays, o; not voting, 1S9.
Tho said roll call having been recapit-
ulated, the speaker announced, from a list
noted and furnished by the clerk, at the
-
named members as present in the hall
when their names were called and not vot-
ing-viz: Here follows an alphabetical list
of the names of "a meInber
Reason and Common Sense.
The speaker thereupon stated that the
said members present and refusing to vote
~ in nuInlOer-tOgethcr with those re-
corded as vCting-13S in mum ber-shOveI
a total of 212 members present, constitut-
ing q quorum present to do business, and
that the yeas being 1873 and the nays none
the bill wGs passed. - The court closed its
reasoning with these passages: IL cannot
be that we can refer to the journal for the
purpose Of impeaching a statute properly
authenticated and approved and then sup
PIGMENT and siren CITIZEN that impeachment
by parOl evidence that the facts stated on
the journals are not true, or that other
facts existed which, if stated on the jour
nal, would give force to the impeachment.
If it be suggested that the speaker might
have made a mistake as to some one or
more of these "a members, or that the
clerk may have falsified the journal in en-
tcring therein record of their presence, it
is equally possible that IN reference to
roll call and the yeas and nays there should
be q like mistake or Justification. The pos
sibility of such inaccuracy or falsehOod
only suggests the unreIiability Of the evil
dence and the danger of appealing to it to
overthrow that furnished by the bill en-
rolled and authenticated by the signatures
of tho presiding officers of the two houses
and the president of the United States
The facts, then, as appearing from the
journal, arc that at the time of the roll
call there were present 212 meInberssbf the
house, moro than q quorum, and that 1873
voted in favor of tho bill, which was a ma
jority of those present. The constitution
in the Same section provides that each
house may determine the rules of its pro-
ceedings. 1t appears that in pursuance of
this authority the house had prior to that
day passed this as one of it's rules: [The
rule is set forth.
TT is no objection TO the validity Of a
rule that q different one has been pre-
scribed and in force for a length of time.
The power to make rules is not one which
once exercised is exhausted. 1t is a con-
power, always subject to be exer-
cised by the house and within the liInita-
tions suggested, absolute and beyond the
challenge of any other body or tribunal.
1.-THE constitution provides that a ma
jority of each house shall constitute quo
rum to do business In other words, when
a majority are present, the house is in
position to do business. Its capacity to
transact business is then established, Great
ed by the nero presence of a majority, and
does not depend upon the disposition or
assent action Of any single member or
fraction of the majority present All that
the constitution requires is the presence of
a majority, and whom that majority are
present the power of the house arises.
But how shall the presence of a ma
jority be determined The constitution
has prescribed no method of making this
determination and it is therefore within
the competency of the house to prescribe
any method which shall be reasonably Ger
tain to ascertain the fact.
1t is much easier to rail at this reason
ing than to answer it, and it is quite
amusing to notice how many Democrats
there are who declare that they have al
ways been in favor Of some rule to prevent
and only objected to Tom
Reeds arbitrary methods The great OBJ
ject of Democrats both in caucus and the
rules has been to devise
plan which would make the closure the
act of the house and not the act of the
speaker-would, in fact, leave him no dis
cretion- This they think they have accom-
plished and have secured proper speed in
legislation without adopting Tom Reed
ISM Should their claims prove true Messrs-
be made happy by the passage Of their IA
vprite bills.
Kansas City and Return So 90.