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( THE MORNING NETS. 1
} ESTASI-ISBEE 1850. INCORPORATED 1888. >
J J.H.ESTILL President. \
REED COUNTS A QUORUM.
tee house more excited than
SINCE THE DAYS OF 1876.
Butterworth’s Spirit of Fairness Ali
that Prevented the Shutting- Off of
Debate—Crisp Knocks the Speaker
Out by Citing: Speeches Made by
Himself and Other Republican Lead
ers on the Same Question Now In
volved.
Washington, Jan. 20.—Speaker Reed
undertook to count a quorum in the House
to-day, although a quorum had not voted.
The democrats protested vigorously. For
tea minutes the scene was more dramatic
than any the House has known since the
electoral commission davs of 1878. The
democrats, finally getting a hearing, de
molished Mr. Reed’s legal position wit i
republican decisions and opinions. Never
theless, the republicans are expected by
Mr. Reed to vote solidly to-morrow to
sustain him, and they will probably do so
unless they bear from their constituents
meanwhile. When Mr. Reed found this
afternoon that only 161 republicans
had voted in favor of taking ud
the Srnith-Jacksorv election contest from
the Fourth district of West Virginia, and
only two democrais again, t it, all the other
democrats present remaining silent as their
names were called, ho determined to take
the extremest step at once, regardless of the
protest made in Monday night’s caucus by
prominent republicans. Hesiw a quorum
present, and he proceeded to make the silent
democrats vote by directing the clerk to
call tho names of a score of them, including
especially the loaders. He felt that the wav'
to consolidate hi3 followers was to co emit
them, so far as he could, to this novel doc
trine. Once in this new course he thought
they would have difficulty in getting out.
and ho fully expects to sea Messrs. Lodge,
Burrows, Butterworth, McKinley, Payson,
and all the othors who doubt the legality or
the expediency of his action, nevertheless
vote solidly to support it to-morrow.
HI3 ACTION EXPECTED.
The House had been expectiug Mr. Reed’s
ruling. Over 300 mombors wore in their
seats awaiting it, as they saw him keep
tally of tne democrats who refused to vote.
The galleries were crowded, and a number
of senators, led by Messrs. Ingalls and
Chandler, came over to see Mr. Reed “ride
rough-shod over the democrats.” The great
audience was very quiet when Mr. Reed
issued his instructions to tho clerk. The
republicans applauded this, but the demo
crats were silent tiff the clerk read the
first name ou the list, that of Mr.
Breckiuridgo of Kentucky, and the white
haired statesman, fiery red with indigna
tion, strode down the aisle protes ing
against thi3 unconstitutio al tyranny,
w hen the democrats sprang to their feet,
and, all their suppressed excitement break
ing forth in a roar of indignant remoustra
tion, every man shouting at the ton of his
voice, “Unconstitutional!” “Tyrannical 1”
“Outrageous 1” or some other words which
let his feeli gs out.
CARLISLE AND REED ALONE COOL.
The calm Carlisle was! the only one who
sat silent. He smiled in all the excitement
at the absurdity of Mr. Reed’s action. Mr.
Reed was the only other man who seemed
entirely self-possessed, for the republicans
seemed to ho as excited as tho democrats,
and jeered while the democrats protested.
After nearly ten minutes of this sensational
uproar the democrats stopped for lack of
breath, and gradually calmed down to the
pers nnl responses of the score whoso names
the clerk continued to call throughout the
oor.fusion. When the list had been called,
and tho democrats, except Mr. Crisp,
their leader ou this occasion, had taken
their seats, Mr. lit-ed, who seems
to be unwilling to trust Mr.
McKinley or any one but himself,
to lead the repuhlica s, made from tho chair
the speech in defense of his action, which
tho republican leader on the floor would
naturally have made, winding up with a
formal decision that he had the right to do
what ho bad done. It amused both dem >-
crats and republicans to see that. Mr.
Reed ignored the precedents of tho House
and rested his case chiefly upon a decision
of David B. Hill, when lieutenant governor,
presiding over the New York state Senate.
Both sides laughed at appropriate poin:s,
the republicans of course applauding also.
reed’s followers catch his spirit.
By this time the republicans had, as Mr.
Reed had anticipated, caught his arbitrary
spirit, and so, after applauding Mr. Reed’,
they undertook to prevent Mr. Criso from
replying to Mr. Reed on the appeal which
Mr. Crisp promptly made from Mr. Reed’s
decision, Mr. Rowell of Illinois, chairman of
the committee on elections, moving to table,
and Mr. Boutello and other loud-mouthed
leaders trying to shout Mr. Crisp down.
Mr. Crisp stood his grouud bravely, whil i
the two sides, once mo e on fire, stood be
fore each other, hut it seemed likely that
Mr. Crisp would be shut out despite his
hot protest that this would be un
man’y and unfair on the part of
the Speaker and his followers, when suddenly
Mr. Butterworth, with characterisi ic courage
and independence, sprang to the front of the
leaderless republi ans, and, turning them
back, saved them from gross injustice by
inducing Mr. Rowell to withdraw his gag
motion before Mr. Crisp proceeded.
Mr. Hatch of Missouri, in hot wrath, de
nounced the Speaker for trying to make
him (Mr. Hatch) break his pair with Mr.
Rockwell of Mas-achusetts, who has been
ill at his rooms here.
crisp’s speech a great one.
Mr. Crisp’s speech was pronounced by the
leaders on both sides the greatest success he
over achieved. Both sides listened closely,
the better men on the republican side like
Messrs. McKinley, Burrows and Butter
worth, paying particular attention. The
demo rats listened with delight aid the
republicans with something like dismay as
Mr. Crisp read the comprehensive decision of
Speaker Blaine during the force bill debate,
directly overturning every point of Mr.
Reed’s decision, and the no loss conclusive
opinions of President Garfield and Speaker
Reed himself. There was really nothi ig
left of Mr. Reed’s decision when Mr. Crisp
got through with it. So irritated were the
small fry on tho republican side by his ar
gument that they finally cut off his speech
when he was about to explain
just why the democrats had refused
to vote, as Mr. Crisp said so
that he could not expose their partisan nur
pose to obey their caucus dictation. Even
Mr. McKinley’s appeal to his side could not
get Mr. Crisp a hearing on this point, but,
after all, Mr. Crisp had destroyed Mr.
Reed’s fortifications, and the democrats ap
plauded him to tho echo for a full minute
after he sat down,
AN ILLUSTRATION OF THE DANGER.
Incidentally his speech had a most strik
ing illust atioa of the danger of this one
man rule in the interruption of Mr. Outb
waito of Ohio, who protested against being
counted by thespeiker as present wnen he
was as a matter of fact out of the chamber.
Mr. Cannon did the host, he could to back
up the speaker, but the futility of his effort
was well shown by the fact that Mr.
Carlisle, who followed in one
of his most logical and luminous speeches,
Jitffnina
did not find it necessary to answer Mr. Can
non, but confined hi nseif to supplementing
Mr. Crisp Of c >urse in the excited state
of feeling both Messrs. Cannon an i Carlisle
were applaud and vigorously. If Mr. Reed
is sustained by his partv tne only remedy
the democrais will have will be to leave the
House, and let the sergeant-at-arms try to
bring them back.
EXCITEMENT OF T ii£ DEBATE.
A Detailed Account of the Great Fight
Against Cceiarism.
Washington, Jan. 29. —Almost imme
diately after the House met this morning,
Mr. Dalzell of Pennsylvania called up the
election case of Smith vs. Jackson, from the
fourth West Virginia district.
Mr. Crisp raised the question of con
sideration. On this vote, the demo
crats, with the exceptions of
(Messrs. Breckinridge, Covert, and
Cowles) refrained from voting. While the
clerk was calling the roll, the speaker was
carefully noting the names of those demo
crats who were present, aud not voting.
Before the announcement of the vote, Mr.
Rogers of Arkansas, who had inadvertently
vo ed in tho affirmative, decide! to with
draw his vote, but he was met with a storm
of objections from the republ.can i ie. Mr.
Rogers endeavored to secure a ruling from
the speaker ou the question in order that he
might enter an appeal, but the speaker de
clined to rule.
Mr. Covert of New York changed his
vote from the negative to the affirmative.
Mr. Rogers was then given permission to
withdraw his vote, as was also Mr. Cowles.
The vote was then announced as stand
ing: Yas 101, nays 2.
Mr. Crisp raised the point of no quorum.
The Speaker—The chair directs the cle k
to record the following names of members
present and refusing to vote.
THE HOUSE IN UPROAR.
This statement was the sienal for a burst
of applause from the republicans and of
jeers from the democrats.
The clerk then proceeded to name the
democrats whom the speaker had jotted
down as being present and not voting.
When the name of Mr. Breckinridge of
Kentucky was called, he stcpjied into the
aisle, and in a resounding voice said: “I
deny the power of the speaker to do this,
and I denounce it as revoluti nary.” Cneer
after cheer, characterized by the republicans
as “the rebel yell,” went up/ from
tho democratic side, and it was several min
utes before sufficient order was restored to
enable the clerk to continue the rea iing of
the list of names. But the order was only
comparative, for while the clerk was pro
ceeding with the reading half a dozen dem
ocrats were on their feet, denouncing the
action of tho speaker.
Mr. Bland of Missouri roared out that he
was responsible for his action only to his
constituents,a and not to the speaker; aud Mr.
O’Ferrall of Virginia, protested in the name
of his state against this action.
A JOKK ON M’CREARY.
Mr. McCreary of Kentucky denied the
right of the sneaker to count him as present.
The Speaker—The chair is making a
statement of the fact that the gentleman is
present. Does the gentleman deny that he
is present? [Applause and laughter on the
republican side.]
The name of Mr. Outhwaite of Ohio hav
ing been called, that gentleman, amid groat
uproar, declared that he hadjnot been pres
ent when his name was called on the roll
call, and that what the speaker was stating
was not true.
Air. O’Ferrall inquired by what parlia
mentary rule the speaker had a right to
declare a person present if he did not vote.
The speaker replied that he was now
making a statement of fact.
Mr. Breckinridge of Kentucky declared
that the action of tile speaker was dis
orderly, and that the speaker had no more
right to make the statement fro n the chair
than ho would have were he on the 11 >or.
Mr. Crisp desired to appeal from the de
cision of the chair.
PROMISED TO ALLOW AN APPEAL.
The speaker replied that in due time he
would allow the ga itlemin every proper
appeal to the Homo in an orderly fashion,
as the chair would demonstrate to the satis
faction of the House.
Mr. Blount of Georgia—l understand the
chair to direct the names to be pat on the
roll by the clerk.
The Speaker—To be put on record by the
clerk.
Mr. Cowles demanded recognition. Ho
was standing in the aisle in front of the
speaker. The speaker declined to ree guise
him, and said: “Will the gentleman have
the kindness to take his seat. If he does so
the speaker will be greatly obliged.”
[Laughter]. For a moment Mr. Cowles ap
peared to hesitate whether or not he would
resent this invitation, but finally went
quietly to his seat.
REED MAKES A STATEMENT.
The speaker proceeded to make a state
ment. The clerk, he said, had announ ed
the vote of the mem >ers voting 161 yeas
and 2 nays. The chair thereupon having
seen members present, having heard their
names called in their presence, had directed
record to be made of this fact. Acc irdingiy,
that question was now before the house,
and the chair prop sed to give the state
ment, accompanied by a ruling, from which
an appeal could be take i if any gentleman
was dissatisfied therewith.
Mr. Crisp—ln advance, I enter an appeal.
[Laughter.]
The speaker, continuing, said that for
some considerable time a question of this
nature had bee i raised in very many par
liamentary assemblages, and there hal
been a groat deal ot doubt, especially in
this body, on the subject. The chair well
rec dlected a proposition of this kind made
by Randolph Tucker of Virginia, an able
constitutional lawyer, as well as an able
member of this llouse. The matter had
been somewhat discussed, and the proposi
tion was made with regard to putting it in
the rules.
HELD TO BE INEXPEDIENT.
The general opinion which prevailed at
that time'.'as that it was inexpedient to
do so. Some man had grave doubts
whether it was proper to make an amend
ment to the rules that would constitute
persons present part of a quorum. The
evils which have resulted from the other
course had not been apparent then as now,
and no such careful study had ever been
given to the subject as was given at the
present time. They bad a large place in
1880. Since then there had been var
ious arguments and various mo
tions by very eminent statesmen, and
those decisions had very much cleared up
the question and re dered it much mori
apparent what the true rule was. Ote of
the first places where the question had been
raised was the Senate of the state of New
York. T e present governor of New York
had boon the presiding officer, and upon
him had devolved a duty similar to that
which now devolved upon the speaker. He
had met that duty in precisely the same
manner.
THE BASIS OF THE ISSUE.
The question in New York had arisen on
the constitutional nece--sityof having three
fifths of the mem ers to constitute a
quorum for the passage of a certain bill,
and the presiding office.' hid held that that
constitutional provi-iou as to a quorum was
SAVANNAH, GA.. THURSDAY, JANUARY 30. 18!)0.
entirely satisfied by the presence of the
members, even if they did not vote. Ac
cordingly, he had directed the recording
officer of the assembly, as part of the record
of transactions, to put down the names of
the members of the Senate who w-re pres
ent and refused to v te, in precisely the
manner which the prese ,t occupant of the
chair had adopted. That decision could
not be regarded as in any sense partisan,
at least as it bad also been done
|in the state of Tennessee, where
a provision of the law required two
thirds of the members to constitute
a qu 'rum in the legislature. In 1885 a
registration bill had been pending wnich
w as objected to by the republican members
of the house. On third reading the repub
licans had refused to vote, whereupon the
speaker, a member of the other party, hail
directed the clerk to oount as present those
not votiog, and bad declared the bill as
passed on that reading. Those two decis
ions, the first made in ISS3 and the other iu
1885, seemed to the pre-ent occupant of the
chair to cover the ground.
ANOTHER PROCESS.
But there was an entirely familiar pro
cess, which every old member would recog
nise, whereby the opinion of thechair is in
comes ible evidence of recognition at all
times of the right to record members pres
ent as constituting part of a quorum. It
had been almost an everyday occurrence
at certain stages of the session for votes to
be announced by the chair, containiug ob
viously and emphatically noquorum. Yet,
if the point was not made the bill was
always declared passed, and that could only
be on a very distinct basis, and that was
that everybody present silently agreed to
the fact that there was a quorum. There
was no ground ou which by any
possibility such a bill could be
passed constitutionally unless the presence
of a quorum was inferred, and it was in
ferre 1 from the fact that no one had raised
a question. All methods of determining a
vote were of equal value. The count by
the chair, and the count by the tellers, anil
the count by the yeas and nays were of
equal value. The House had the right on
the call of one-fifth of the members to
have a yea and nay vote, a id then, on that,
t o question was decid'd. But the decision in
eacu of the other cases was of precisely the
same value.
PRECEDENT OF PRACTICE.
It had always been the practice in par
liamentary bodies of this character, ana
especially in the parliament of Great Brit
ain, for the speaker to determine the ques
tion if there was not a quorum present by
count. It was because that was the deter
mination of an actual fact, and the det ir
mining of that "as intrusted to the
presiding officer in almost all instances; so
that when the question was raised whether
there was a quorum or not, without special
arrangement for determining it, it would
be determined by count by the pre
siding officer. Again, there was a provision
in the constitution which declared that the
House might establish rules for compelling
the attendance of members. If members
could be present and refuse to exercise their
functions, and yet not be counted as a
quorum, that provision would seem to be
entirely nugatory.
HILL’S DECISION READ.
The speaker then read at length Gov.
Hill’s decision when presiding officer of the
New York Senate, and laughter and ap
plause by tne republicans greeted tho read
ing of sentences where the action of the
minority was denounced as rebellious a id
revolutionary. The speaker ignored Mr.
Flower’s request to have the republican
protest against that decision read.
The reading haviug been completed, the
speaker therefore ruled that there is a
quorum present within the meaning of the
constitution.
Mr. Crisp appealed from the decision and
demanded recognition, but the speaker re
cognized Mr. Rowell of Illinois for a motion
to lay the appeal upon the table. This mo
tion is not open to discussion, and Mr. Crisp
protested against Mr. Rowell’s recognition.
For some time there were appearances of a
return of the excitement which had occurred
earlier in the day. Mr. Crisp exclaimed
that it was unfair and unmanly to prevent
him from pleading his case to his fellow
members. He appealed to the chair on hii
fairness as a man, and speaker, to give the
democrats an opportunity to reply to tho
argument which the speaker had seen
proper to make.
BUTTERWORTH ASKS FAIR PLAY.
Mr. Butterworth of Ohio—l hope the gen
tlemen from Illinois will withdraw his mo
tion to lay on the table. This is an import
ant question, and the gentlemen on tho
ottfer side have a right to be heard. [Ap
plause on the democratic side.]
Mr. Rowell thereupon withdrew his mo
tion.
Air. Hatch of Missouri, rising to a ques
tion of privilege, said that the speaker had
called his name as present and declining to
vote, when tlie record showed that for a
week past he had an honorable pair with
the gentleman from Maisachusitts, Mr.
Rockwell, and he had declined to vote on
any question. That showed the fall icious
ness and unsoundneis of the speaker’s de
cision. The speaker replied that there was
no recognition iu the H u e, except by cour
tesy, of pairs; that his statement as to a
pair’s pre ence was one of fact, and that the
question of the competency of his action
was in process of determination.
IGNORING PRECEDENT.
Mr. Crisp said that the decision of the
speaker was overturning an uninterrupted
practice of 100 years, and was going
directly in the face of the arguments of dis
tinguished republicans who h#d considered
this very question. This was fc.ie first time
in the history of the government that a
speaker had decided that he could go be
hi and a roll call provided for by the consti
tution. This was more than a mere ques
tion of rules. It was a constitutional right
—the right to have the yeas and nays en
tered ou the journal—and it necessarily fol
lows that when the constitution said that the
yeas aud nays should be so entered
they could not be added to or taken from.
To deny that proposition was to take from
the constitution the value it was Intended
to possess. He then quoted from Speaker
Blaine’s ruling on the force biil to tne effect
that the speaker had not the power to count
a quorum, and declared that the decision
just made bv Speaker Reed would be the
foundation of thegreitest legislative frauds
ever committed. The republican members
were now invited by the speaker to sustain
him in a ruling which leading republicans
had stated would have a tendency to bring
scandal upou their names. The House was
invited here, Mr. Crisp said, to pursue a
course which Mr. Blaine had declared to
he revolutionary.
REMEDY OF THE MAJORITY.
The remedy of the majority here was
that which Air. Blaine bad declared on that
occasion to be the remedy—tnat was that
the majority of the House could
legislate, and so to-day the republi
cans of the House o >uld legislate by simply
bringing in their men and keeping
a quorum of them in tho House. The dem
ocrats stood on their coasitutional right to
have the yeas and nays entered on the jour
nal, aud when that right was exercised
there could be no appeal from what the
jo irnal said as to who were preieat and
voting by yeas and navs. Ho quoted
Mr. Garfield as denouncing a sim
ilar rule when it was proposed in his
time, an las asking the questions, “Who
was to control sigut of the sp -nicerf’ and
“How do we know, but that the speaker
inay see forty members for his own pur
pose more than there are in the House!”
Mr. Outhwaite agiiu r ise, a id d• dared
that he had been counted bv the speaker as
present, while he had not been ou the floor
of the House from the beginning of the roll
call to the end of it. At this time there was
another great tumult and uproar. Air. Kerr
a id others desiring to put so ue questions
to Mr. Crisp, but the speaker soon suc
ceeded in restoring comparative order.
GARFIELD AGAIN QUOTED.
Mr. Crisp said that Mr. Outh waite’s state
ment showed the force and power of Mr.
Garfield’s argume it, aul he went on to
quote another remark of Mr. Garfield’s in
the same discussion that the speaker’s count
of the House under the existing rules could
always be controlled by a count by tellers.
“We have lived," said Mr. Crisp, “through
a great civil war, when there was excite
ment ai cost unparallelei in the history of
parliamentary action, yet during all th ee
years no man on this floor, no party, has
ever before thought it neeeisary to intro
duce a rule wnich would give the power
of declaring the presence of members
by the single voice of one person. [Applause
on the democratic side.] In common wi:h
every member on his side.lie demanded that
there should be public uxhibitio iof the
question, and public record of the vote;
that there should be tellers, if demanded;
that there should be yeas and nays, if de
manded; and t at the yeas aud nays should
determiue bow each me nb -r of the House
voted.” Ho quote 1 Shakespeare’s line—
“ Like a scurvy politician protending to see
things he does not.” Such politicians, he
said, might come hero on either side and
declare that they saw either with, or with
out giass eyes. [Applause.]
RESULT OF HILL’S DECISION.
Mr. Crisp was asked from the republican
side what had been tho result of the de
cision iu Now York referred to by the
speaker.
ihe question was answered by Mr.
Springer to tho effect that tie action of
Gov. Hill on that occasion had been de
nounced by all the democrats of tho New
York legislature as revolutionary.
Mr. Crisp was proceeding to road the
press report of the last republican caucus,
but was immediately called to order by Mr.
Kerr, and the objection was sustained by
the Bpeaker.
Mr. Crisp—l will state with perfect frank
ness and candor that I do not myself believe
that what I was about to read would throw
any light on the question as to whether the
appe and should be sustained or not, but I do
allege that it would throw a calcium light
on the question of the purpose of the
majority, and that it would go far or
wholly to justify the minority in resisting
by any method rather than allow an unfair
and u ju.t and -cision of the speaker. [Dem
ocratic applause.] But I shall not violate
any rule of debate or decorum as suggested
by the speaker.
Mr. Crisp went on to say: “I thank you
for the attention given to my remarks. I
have been in earnest. It occurred to me
that, under stress of circumstances and
considering yourselves to be in desperate
straits, y >u were about to violate the pre-'
cedents of 100 years, that you were about
to take from us that which many of
your distinguished statesman have
said was a high constitutional privilege. I
desired to present to you decisions which
have been made on that point. I dosii-ed to
call your attention to arguments made on
this floor. I desired to remind you that
our failure to vote is only temporarily
thwarting your purpose, if you have a
majority in the house. 1 desired to appeal
to you, not for the purpose of accomplish
ing this mere temporary object (to defeat
the precedents of the past) but not to do
that which you must feel as a doubtful act
under the constitution.
“I cannot but feel," said Mr. Crisp, “that
there is some doubt of the constitutional
right of tho speaker to pursue the course
which he has marked out for himself. You
are in no way bound to enter on that
desperate career, an l I desired to appeal
to you as fair-minded men, as
men regardful of your obligations
to protect the constitution, as men who
really believe in fair play and justice, to
hesitate long before you i ldorso this
revolutionary and unconstitutional ruli ig.
Having done this to the hist of my humble
ability, having maintained the position I
assumed, I leave the case with tbe| House,
confident in the assurance that there a e at
least some honorable members who can
rise above partisan prejudices; who
cm respect, and will respect
the ancient usage aud customs of the House,
who will respect the opinions of the fathers,
and will be regardful of that institution
whoso sacrednegs we all acknowledge and
in which alone are vested the righ s of the
American people." Loud cheers from the
galleries aud general hand-clapping of the
democratic members greeted Mr. C isp’s
peroration. There was complete quietness
and apathy on the republican side.
CANNON REPLIES.
Mr. Camion replied, that whatever might
have been said beari ig upon the question
by this great mail, by that great nan, wad
only entitled to respectful consideration.
After all, the question was to be decided
here and now, in the light of their own
judgment at the close of the nineteenth
century. His observation had been, that,
as the years rolled round and as times
changed, new remedies aud reason
able remedies had to be found, un
der tho constitution, for difficulties
aid evils that had been tolera ed for
years—if these remedies did not violate the
ietier r spirit of the constitution. * * *
As they and sagreed they should consult tho
constitution, for, aft ir all, in the constitu
tion they ha l a mode of ascertaining what
a quorum was, and if by the constitution
there was a quorum present to-dav, the
country would Mi<ta u the House of Repre
sentatives in going on and legislating.
[Applause on the epublioan sido.] The
constitution provided as follows: “Each
bouse shall i e the judge of the election re
turns and qualifications of its own members,
aud ain juritv of each house shall consti
tute a quorum to do business." Did the
constitution say that the majority should
be required to vote for a measure, mo ion
or resolution in order to pass i ? Not at ali.
It merely said that a maj >rity of each
house should constitute a quorum to do
business.
DEMOCRATIC ARGUMENTS RECALLED.
He had no recollection during his service
in the House of such a question bei ig raised
and decided, and the decision appealed
from, but able democratic members, Ran
dolph Tucker of Virginia aud others, had
taken the position m debate iu the Forty
sixth co igreet which tie speaker took to
day. His colleague (Mr. Springer) had
argued in the same line. Mr. Ca ino i laid
down the proposition, in conclusion, that by
gene al parliamentary law aud under the
constitution,when a quorum is present, and
when that fact is ascertained, and when
there is a majority voting in favor of a
measure, that is adopted whether
be it motion, resolution, or law. He be
lieved that good m >rais, good constitution,
good la v, good sound com non sens ■, and
deuency, ail demanded of the speikor when
bean ouuced the fact of the presence of
over fifty mem >ers more tha l a quorum,
and called their n imes, to declare the re ult
uf the vote as leiug a maj irity of the
House. He believed that thereby the con
stitution was satisfiel in form and sub
stance, and that the people ali over the
c 'Untry would justify that course. He
would therefore vote to sustain the decision
of the chair. [Applause on the republican
side.]
CARLISLE’S SPEECH.
Mr. Carlisle said: “This decision, strictly
speaking, is not a question of parliamen
tary law, ii the proper sense of the word.
It is a question of constitutional law. No
speaker ever sat in that chair and under
took to hold that less than a quo
rum can pass any bill or vote in
this Houso. Until this mor \ing, 1
repeat, not a presiding officer iu
this House has ever held that it was com
petent for less than n quorum of the mem
t>ers elected to this House to pass any mo
tion or bill. All have hpld from the be
ginning of congress down to this day that a
majority must not only lie present to con
stitute a quorum, but that a quorum must
participate in legislation." Mr. Carlisle
then quoted the section of the constitution
which provides for the keepiug of a journal
and for the entering upon it
the yeas and nays wheu demanded
by one-fifth of the members preseut, and
also that seotion which states that less than
a quorum can adjourn from day to day.
and can compel the attendance of absent
members.
TERMS OF THE CONSTITUTION.
The constitution, continued Mr. Carlisle,
did not say in express terms that iu order
to transact business a majority of the H >use
should be present, but that a majority of
the House should constitute a quorum “to
do business,” and then it proceeded
to specify distinctly what those things
were whicn a maj rity could do. He need
not say to a linly like this, consisting in
large part of lawyers, that it was a well
known and recognized rule of construction
that where the constitution or statute enu
merated certain things all others weie
excluded, When, therefore, the framers of
the constitution provided that a majority of
the meiuiiers elected should constitute a
quorum to do business, they saw
tnat if it stopped there less than
a quorum could do nothing. There
fore, they had provided that leas
than a quorum could do certain things. If
tho ruling made tins morning was correct
there was no necessity for any provision of
tho constitution defining what less thon a
majority ould do. A majority constituted
a quorum “to do business.”
NEW YORK’S CONSTITUTION.
Those words were not in the constitution
of Now York, upon which Lieut. Gov.
Hill’s decision had been bas' and. Toe New
York constitution provided that on
the passage of certain bills three
fifths of the members should con
stitute a quorum, but it did not
require three-fifths to pass a bill. On the
contrary, it had been expressly stated by
the presiding officer that tho hill did pass
by the vote which the constitution required
to pass all bills, to-wit: a majority of tho
members present. Ho was not saying this
to justify that decision, became ho thought
it was wrong. He did not agree with Gov.
Hill that he had a right to count a vote. He
regretted that when his republican friends
were obliged to rely on democratic prece
dents for tboir action they should take tho
worst they could find. [Laughter.] There
were plenty of good demo ra io precedents
which could be found without much diffi
culty.
IMPORTANCE OF THE JOURNAL.
He then went on to argue tiiat as tho
journal of the House was accepted by the
courts 'of the country as conclusive evidence
of the action ot the Housj, it was abso
lutely necessary that it should record the
proceedings accurately. It might he said
that according to the ruling of the speaker,
the journal of to-day was true. He
denied absolutely the right of tho
presiding officer of the House to
make the journal. [Applause on the demo
cratic side.] The journal was a rec ird of
the proceedings of the House itself, and
could not be made simply to show any fact
that the speaker might wish to make. Sup
pose the sneaker was right: then one man
could pass a bill as wall as 160. If the
speaker had the right to make the journal,
and 1 1 make a qu irum, and to have the
clerk of the House, under his direction, put
upou tho journal the fact that there was a
a quorum present, then there was
no longer any uso for represen
tatives of the people In this House. [Ap
plause on tho democratic side.] Tho jour
nal was tho journal of the House itself, not
the journal of the speaker, who was simply
an organ of the House, aud not its master.
[Applauseou the democratic side.]
THE ONLY EVIDENCE.
When the House had decided by yeas and
nays, and entered on the journal, that was
the on 1 v evidence of what transpired. Could
it he said that three or five, or twenty-five
gentlemen could pass the most important
legislation coining before this bsiy? Un
questionably it could, if the speaker’s
ruling nos correct, it was no ans ver to
say tii it other members might vote if they
wanted to. Tiiat was their business and
the business of their constituents, and not the
business of the speaker.
NUGATORY PROVISIONS.
It had been said by the speaker that a
provision of the constitution which allowed
less than a quorum to compel the attend
ance of members would be nugatory. That
might be so. Bo was the provision nuga
tory if a member deliberately concealed
himself so that the officers of the House
could nut find him. But be was re
sponsible—not to the House or to
the speaker, but to bis constituents
Ho was not here to deal in
epithets, but he did say that if this ruling
stood it worked complete revolution in the
method of transacting business iu the House.
For over 101) yeais the people had been
secure that not leas than a majority elected
could pass laws binding upou thorn. In alt
that time the c >urts had decided that they
would look at tha journal as final and con
clusive evidence on questions of fact. Now
the people were to be told for the first time
that any number of men, however inc >n
siderable, might pas. a bill in the House, pro
vided the speaker, after looki ig over the
House, determined that there were a certain
member present besides th <se that voted,
and had that fac: entered ou the journal,
lie thought that while some inconvenience
bad resulted from the rule which had al
ways prevailed it was far more
safe; far mire in accordance with
tne character of our institutions
that the House should stand by tho rule as
laid down iu the constitution and allow no
legislation unless participated in by a ma
jority of all the rnombera elected to the
House. It was the only safe rule, and it
was a i ulo that the House ought to continue
to stand by. [Applause ou the democratic
side.]
THOSE WHO didn’t vote.
The speaker stated that the name of the
gentleman from Ohio (Mr. Outhwaite) had
not been on the iist which he kept of mem
bers preseut, but that in the confusion of
the moment, one side approacning near
boisteroumess, the name had been pro
nouucud by accident. The members wnotn
the speaker noted as being present and not
voting were: Messrs. Blanche and. Bland,
Blou it, Breckinridge of Arkansas, Breck
inridg > of Ke itucky, Bro iksuire, Bullock,
Byuuin, Carlisl •, Cnipman, Clements,
Clunie, Compton, Covert, Crisp,
Culberson of Texas Cummings. Edmunds,
Enloe, Fithian, Goodnight, Hare, Hatch,
Hayes, Holman, Lawler, Lee, AlcAdoo,
McCreary, Mcßae, Montgomery, Moore of
Texas. Morgan, Oates, O’Ferrall, Pendle
ton, Quinn, Beney, Stewart of Texas, Tars
noy, liliman, and Turner of Georgia. Of
course there wero a number of democrats
present aud not yotnuc whom the eye of the
S|o>aker could not catch a* the roll was !
being called, and consequently they escaped
having their names recorded.
BE3BION OK THE SENATE.
Secretary Tracy Sends in a Paper on
Naval Affairs.
Washington, Jan. 29. —Among the ex
ecutive communications presented and re
ferred in the Senate this morning was one
from the secretary of the navy, saying that
he is perfectly satisfied of the capacity of
this country to complete the eight battle
ships recommended by the department. As
to what is considered an effective navy the
secretary refers to what he said on that
subject in his annual report.
Mr. Ingalls offered a lo ng preamble and
resolution as to the debts due by the south
ern states on the luiliau tru.t fund and on
the direct tax of lfWil. The resolution di
rects the Secretary of the Treasury to fur
nish the Senate with full information
on the subject. The resolution was agreed to.
After some business of a routine nature,
Mr. Mitchell took ihe floor and delivered a
speech iu advocacy of the bill lor the free
coinage of silver. When he concluded Mr.
Vance gave no lice that ha would,to-morrow,
address the Senate on the bill to provide
for the emigration of colored people, fol
lowing Mr. Hamilton. After a short exec
utive session the Senate, ut 3:39o'clock, ad
journed.
NOMINATED BY THE PRESIDENT.
Blancho K. Bruce Named for Recordor
of Deeds at Washington.
Washington, Jan. 29. —The President
to-day nominated Blanche K. Bruce of the
District of Columbia (formerly senator
from Mississippi) to be recordor of deeds in
the District of Columbia; and also a large
number of census supervisors, among thorn
being the following: Virginia, Campbell
Slemp, Fifth district; Tennessee, William
C. Hunt, First; Alabama, Andrew J. Ingle,
First; Thomas P. Ivey, Second; Jaime
Lawrence Watkins, Third; Willett T.
Brightman, Fifth; North Carolina, George
W. Cobb, First; Madison Hawkins, Second;
Caleb P. Hockey, Third; William C. Webb,
Fourth; Henry Hardwick, Fifth.
The citizens of the district are not pleased
to have ox-Suator Bruce of Mississippi
saddled on them as recorder of deeds in place
of James Monroe Trotter, resigned by re
q 'lest, and it is to their discomfort to have
his apjioiiitmeiit charged to tho district.
Berry Carson, the gigantic black member
of the reputilican national committee of the
District of Columbia, who was a candidate
for this place himself, being told about the
appointment, said. "The Preside it koows
what’s best." He ejacul ited after the man
ner of a man who me int precisely the oppo
site to what lie said. “He knows Bruce
ain’t, a local inau, that's sure. The appoint
ment will give great dissatisfaction hero.’’
. CONFIRMED BY THE SENATE.
Two District Attorneys and Several
Postmasters In the Hist.
Washington, Jan. 29.—The Senate to
day confirmed the nominations of District
Attorneys Albert McLoa of the Southern
district of Mississippi, and Charles A. Cook
of the Eastern district of North Carolina;
Register of the Land Oilice Julian H.
Bingham of Montgomery, Ala, und the
following postmasters: J. K. Moss, at Hen
derson, N. C.; 8. H. Vick, at Wilson, N. C.;
in Virginia—A. M. Allen, at Cul|>epper;
Stith Bolling, at Petersburg; T. H. Camp
bell, at Luruy ■ R. 8. Dudley, at Pulaski
City; O. D. Foster, at Fredericksburg; T.
H. Gordon, at Newport News; Ambrose
11. Lindsay, at Portsmouth; F. L. (Shade,
at Norfolk; D. J. Taylor, at Pocahontas;
Mrs. Mary H. 8. Long, at Charlottesville;
A. 8. Asberry, at Roanoke; J. H. Blunt,
at Ashlaud.
GOVERNMENT DEPOSITS.
Tho Secretary of the Treasury Issues
Another Call.
Washington, Jan. 29.—The Secretary of
the Treasury to-day Issued a call on national
bank depositories for a reduction of the
public balances held by them, to bo paid on
or before March 1, 1890. Tho call is for
about the same amount as the first call,
except that banks having but small
amounts to transfer have been asked for
the full amount in order to close out the
transaction with this call. The secretary,
although he has suspended the purchase
of 4s, will, in order to facilitate the settle
ment of the accounts of banks surrendering
deposits under this call, purchase from these
banks United States 4s at 124, if offered by
the banks named on or before Feb. 2J, 1890.
The number of banks affected by this call
is eighty.
BRAZIL RECOGNIZED.
President Harrison Formally Receives
the New Ministers.
Washington, Jan. 29.— Formal recogni
tion of the United States of Brazil by this
government was completed this afternoon ,
wnen the President received the credentials
of Senor J. G. Deamoral, tho new minister
accredited from the provisional
government, a id also the cre
dentials of Senor Salvador Mendonca
as envoy extraordinary aud minister pleni
potentiary on a specitl mission to the
United States, 'ihe ceremonies were
marked by great cordiality. Secretary
Blaine presented the two ministers, aid
they in turn presented their secretaries. Tho
ceremonies were in the blue room.
GEORGIA FOR CLEVELAND.
Mr. Blount Unable to Find Any Hill
Party in Hla State.
Washington, Jan. 29.—Congressman
Blount being asked by an interviewer:
“Whatdo you think of Hill for’92*’’ said:
"There is a possibility for Hill, just as there
is for anybody else, but there is only one
feeling ia Georgia, and that is Cleveland.
A dozen inen may write and print articles
about Hill and create a little enthusiasm
for him, while 1,009,009 mon remain silent.
As far as I am able to judge there is no Hill
party In my state. The reason the people
are not for Hill is because they are for
Cleveland, and the sentiment for Cleveland
is growing every hou .”
Georgia Postofflcea.
Washington, Jan. 29. —The following
new postofiieos have been established in
Georgia; Free, Meriwether county, Charles
J. Burton, postmaster; Irby, Irwin county,
James K. Fitzgerald, postmaster.
Purchases of Bonds.
Washington, Jau. 29. —Tho bond Offer
ings to-day aggregated $191,00), all of
which were accepted at 104% for 4%’s.
John Mason Brown Dead.
Louisville, Jau. 29.—C >L John Mason
Brown, one of the most prominent lawyers
in Keutucky, and a man of uational repu
tation, died this morning of pneumonia.
He was a leadiug republican, altn >ugh he
held off from politics. He was prominently
mentioned for associate juitioe of the su
preme court before Judge Brewer’s appoint
ment.
( DAILY, $lO AYE \R. |
< 5 CKNTB v JOKY. i
\ WEEKLY,SI.96 A f EAR, |
A SNOW I’LOW GIVES OUT
THE OPENING OF TRAFFIC WILL
BE FURTHER DELAYED.
A Telegraph Operator Dies at Hla
Lonely Foat at Cisco—The Wife of
an Army Furgeon and a Midget Die
on the Same Train Among the
Drifts.
San Francisco, Jan. 29.—1 t now seems
probable that the great blockade on tbe
Sierra Nevada will soon be over. The big
rotary plow has been dug fro n the snow in
Cascade canon, a id has done sple idid *w >rk
since. The track is now clear as far as the
plow cau clear it. The snow it has been
passing through was nearly as hard as ice.
and averaged twenty feet. The railroad
officials state that the only obstruction now
is about a foot of hard trampled snow and
ice, which covers the rails for a consider
able distsnee. This must bo removed by
picks and shovels. The officials thi k the
blockaded trains will reach here to-day.
TWO weeks’ mail.
The trains have t-vo weeks’ mall. Tha
high water has gone down nearly all over
the state and the washouts aud land slides
are about repaired. Great damage has
been done to roads and bridges. The block
ade on t ie California anl Oregon railroad
still oontlnues, and there is little prospect
of breaking it for a week yet. There is no
c uuiiiUMicati m north except by steamer.
Tho United Bta os revenue cutter “Rush”
took a large amount of mail to Portland,
Ore., last evening, the regular line of
steamers refusing the compensation offered
by the government.
a plow breaks down.
Han FranoißCO, Jan. 29.—A rotary plow
which has beeli making a big fight in the
Sierra mountains toward raisi ig tue block
ade on the Central Pacific hr ike down
yesterday afternoon in tho filial snow
drift remaining near, Casoarre. The plow
had been working for fifteen (lavs contin
ually, aud it was thought that the ma bine
would hold together uutil the road was
cleared, but the strain was too much,
and it was completely tli.sab ed when only
200 yards of snow bank remained.
It was sent back to Haoi emento, and an
army of shovelers remained nt work all
night under double pay to clear the remain
ing snow obstructing live oars of delayed
mail, which was sent west from He m last
night, aud which will tie the (hat train
through.
AN OPERATOR DIBS AT HIS POST.
Johu Coughlin, tte telegraph operator at
Clsoo, died m his lonely station ia the
mountains four days ago of pneumonia.
Three men, including a dct >r, want
to bis aid on snow shoes,; but arrived
too late to save his life, and
be was buried in a snow drift. His body
was reiboved from its white sepulchre yes
terday ami taken to Sacramento on a
special train.
Mrs. Mo Vane, wife "of Burgeon MeVane
of Jefferson barracks, die l at Truokee
Monday of diphtheria, while on one of the
delayed westbound trains.
Yesterday Lucia Caretta, the Mexican
midget, said to bo the smallest human being
in the world, who was n passenger on the
same train, died at Truckoe, from gastric
fever.
AN EX-EDITOR IN JAIL
Embezzlement Costs Him Five Years
in the Penitentiary.
Philadelphia, Jan. 29.—Dr. W. H.
Bradley, formerly an editorial writer for
the Philadelphia Press and recently man
ager of tho weekly edition of that journal,
was to-day arraigned on indictments charg
ing him with larceuy of money furnished
him to purchase postage staim* for
the mailing department of the Weekly
Press. Other indictments charged Bradley
witti embezzlement, and it Is alleged that
his misappropriations amounted in tile ag
gregate to botweeu SB,OOO and $9,000. Evi
dence was presented aud tho case given to
the jury, but befoi e a verdict had been re
turned t a counsel for Brudley withdrew
his plea of not guilty and en
tered one of guilty. Judge B.ddle tbeu
sentenced Bradley to five years and six
months imprisonment in the eastern peni
tentiary.
MRB. PARNBLL’b POVERTY.
Her Famous Son Declines to Discus*
the Htory for Publication.
Philadelphia, Jan. 29.—The Philadel
phia l Vess cabled its London correspondent
to ask Mr. l'aniell if he had anything to say
concerning the reported destitution of his
mother at Bordentown. In a cable dispatch
received to-night the Pres* correspondent
avs that he was unable to find Mr. Far
rell on account of the mystery made of his
London address. He received later, how
ever, from Ge rge Lewis, Mr. Parnell's
solicitor, this message: “Mr. Parnell does
not care to discuss the story often priuted
in America about his mother’s poverty. It
is constantly cropping out. lie is ail affec
tionate sons and that is enough for the
American people to know.”
OHIO'S LEGISLATURE.
The Senate in a Deadlock Over the
Lieutenant Governorship.
Columbus, 0., Jan. 29.—The Seriate is in
a deadlock to-day over the Marquis-Lamp
son contest for the lieutenant governorship,
and the democrats are holding the Senate
in sesdon t > await the arrival of Senator
Howell, who is away on indefinite leave.
There are seventeen republicans and seven
teen democrats present, and the Senate is
under call. The republic ns insist on pro
ceeding with ihe contest, and the demo
crats ask a postponement, to which tha
republicans will not ngr e, hence toe demo
crats insist on remaining under call until
they cau bring iu the absentees.
ATTEMPTS TO WRECK TRAINS.
Obstructions on tho Track at Twa
Points Near Avon.
Avon, Mass., Jan. 29.—Attempts wera
made to wreck two different trains near
here to-day. The Boston- bound train, due
here at 2:24 o’clock this afternoon, found
several 1 gs directly aero s the tracks on a
curve south of tins station. The train
leaving Boston at 2:45 o’clocn also found
sleejiers on the tract just around the curve
north of this station, near a gravel pit, and
no damage was done to either train. This
is the fourth attempt ma le to wreck traius
near here within a short time.
Gotham’s World's Fair Bill.
Albany, N. Y., Jan. 29.—The Senate to
day amended the bill appropriating $lO,-
000,000 for the world’s fair in New York,
by adding the names of twenty-two exhibi
tion commissioners to the list already
embraced ii the bill. E ghteen of these are
republicans aid four are democ. ats. The
bill was then passed, and goes back to the
House.
MISSISSIPPI FAVORS THE WEST.
Jackson, Miss., Jan. 29.—Both;housee to
diy hid b.-fore them the question of the
world’s fair, and adopted a joiut resolution
favoring tno holding of the fair west of the
Allegheny mountains.
