The daily star-mirror. (Moscow, Idaho) 1911-1939, 1919-01-18

a quorum to do business" Under
this section is was decided in 1903
and again in 1879, that the speaker
! of the house can be elected by ma
jority of a quorum. Now, the fact
that the Federal constitution contains
one provision for doing the Legislative
business of congress, another provl-
sion applying only to the senate Wher
the ratification of treaty is before
it, and still another provision for sub
hitting a constitutional amendment
indicates that the trainers of the con-
stitution regarded. these specific func-
tions of congress as vitality different.
! This is not merely an academic ques-
ton at this time, but one of special
interest to lawyers, and of great IN
terest to the people generally thru
out the country, for the reason that
l understand that lawyers are now
employed to test the constitutionality
of the prohibition amendment to the
federal constitution in the supreme
court, and this point will be presented
in the suit, that the joint resolution
submitting the prohibition amendment
to the states was not adopted by two
thirds of the entire membership of
congress. There will, no doubt, be
other questions presented to the court
when the case is argued there, but
this will be one of the important ones
presented. And some students of the
constitution claim that the submits
sion of a constitutional amendment
is the most important of all the func-
tons of congress, and that for this
reason it is provided that two-thlrds
of ALL THE MEMBERS of both
houses of congress are required to
submit such an amendment to the
4o4, f<,- r1y1n
however, has never been decided by
the supreme court. 1t is reported
that the supreme court of Minnesota
has decided that an amendment to
the constitution of that state was not
legally adopted because it was sub
mitted to the people by two-thirds of
a quorum of the legislature and not
by two-thirds of all the members
elected. And the language of the con-
stitution of Minnesota on this point
is substantially the same as the fed
eral constitution. 1t will mo doubt,
be of special interest to the lawyers
and people of this state to know, or
at least have their attention called to
palmer, if not stronger on this point
than the federal constitution. Section
1 of Article Xxx of our constitution
provides that the act of submitting
an amendment thereto 4shall be
agreed by two-thirds of all the mem
bers of each of the two houses, vot-
ing separately" 1t will be conceded,
think, that there is no function of
congress of more vital Importance
than an amendment to the funda
mental law And the fact that the
trainers of the constitution, after a
full debate, made three distinct diff
ferences in language touching the
and powers of congress
S claimed by some lawyers to indi-
,ate that both houses must have a
vote of ALL THE MEM
3ERS.. elected by majority of the
people,, and not by only twothirds
if the members present, nor by two
birds of a quorum. express no
opinion on this question but as all
he people of the United States are
eeply Interested in this constitutional
I, in common with all ]
theirs, shall watch the case with great /,
when it goes to the supreme
curt for final decision.
WARREN sTRUITT.