WHAT CONSTITUTES A QUORUM.

The Constitution, article 3, section 10, provides that a majority of each House shall constitute à quorum to do business.

Article 3, section 25, virtually provides that three-fifths of all the members elect to either House, shall constitute a quorum to do certain things specified therein.

Article 4, section 9, and article 3, section 20, virtually provide that, to do certain other things, two-thirds of all the members elected to either House shall constitute a quorum.

"Whenever upon a roll-call any Senator who is upon the floor of the Senate chamber refuses to make response when his name is called, it shall be the duty of the presiding officer, either upon his own motion or upon the suggestion of any Senator, to request the Senator so remaining silent to respond to his name, and if such Senator fails to do so, the fact of such request and refusal shall be entered in the Journal, and such Senator shall be counted as present for the purpose of constituting a quorum."-Senate rule 34.

OF VOTES TAKEN IN THE ABSENCE OF A QUORUM.

"If on taking the final question on a bill, it shall appear that a constitutional quorum is not present, or if the bill requires a vote of twothirds of all the members elected to pass it, and it appears that such number is not present, the bill shall be laid on the table, and shall be again read, and the final question taken thereon at such time as the Senate shall order."- Senate rule 25.

The Assembly rules are without any such special provision; but the practice in all cases where the final question is taken on a bill, and a constitutional quorum is not present, is in conformity with the Senate rule which, as far as it goes, is a re-enactment of the parliamentary rule on the subject,

"When from counting the House, on a division, it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division, and must be resumed at that point on any future day."- Hatsell.

As neither House can do business in the absence of a majority of its members, and as the Constitution re

quires either the presence or the affirmative vote of a larger number-three-fifths or two-thirds - -to decide certain questions, it follows that whenever on a division, the constitutional quorum is not present, the vote taken is a nullity, and must be retaken at some future time, as if it had never been before put to a vote.

Where a question is taken by acclamation or by rising, and a few only, or less than a quorum, vote upon it, the Chair usually announces the apparent or ascertained result, if satisfied that there is a quorum present. But, if the point be raised that the House is deficient, members must be counted. If a quorum be present, the decision of the Chair, if any, previously made, stands without a fresh vote, unless the Clerk's count be challenged, or an appeal be taken from the decision of the Chair. If a quorum be not present, the vote is a nullity, as it is when the fact is ascertained by the call of ayes and noes.

The mode in which the attendance of absent members is procured or enforced is noticed elsewhere in this volume.

OF CONTESTS FOR SEATS.

The Constitution, article 3, section 10, provides that each House shall be the judge of the election, returns and qualifications of its own members.

The member whose right to his seat is disputed holds it under the certificate of the canvassing board, until ousted in due course. But it is not unusual that the person claiming the disputed seat is accorded a seat in the House, and other privileges and rights belonging to

members.

Formerly it was customary to allow the unsuccessful contestant the expenses of his contest, and sometimes, where the grounds of contest had been very strong, the pay and mileage of a member up to the time of a final decision. It may be doubted whether, under the Con

stitution, as amended in 1874, such a payment would be lawful, even if provided for by statute. Chapter 862 of the Laws of 1892 (§ 65), however, puts the question at rest by providing that no expense incurred by the contestant in prosecuting his claim shall be paid by the State, unless the contestant shall be awarded the seat.

Proceedings in such cases are always initiated by petition, the claimant presenting his case in that form, with such statements of facts, affidavits, etc., as constitute the ground of his claim.

Chapter 682 of the Laws of 1892 (§ 64) provides that both parties to such contest may, on complying with certain requisitions, have testimony taken pro and con, in advance of the Legislature-then to be laid before the committee having the matter in charge.

The standing Committee on Privileges and Elections, to whom such cases are always referred, is usually appointed in advance of the other standing committees, when such cases present themselves at the opening of a session.

The committee charged with such cases is restricted in its range of inquiry only by the nature of the case and the order of the House. They may confine themselves to the testimony adduced by the parties, or to even narrower bounds, or they may go beyond it. But if the case seem to require that the committee should go behind the ballot boxes and ascertain the intention of the voters on one side and the other- as where the case turns on misspelled or defective ballots - the committee generally take the sense of the House on the subject, especially if such inquiry promises to be extensive and expensive, and to delay a report until an advanced stage of the session.

The legislative journals and documents are full of precedents as to the usages and rules which govern the committee and the House in such cases.

OF THE SUSPENSION, ALTERATION AND

ABROGATION OF RULES.

By unanimous consent, any rule or rules of either House may be suspended, changed or rescinded, subject only to the restraints of the Constitution. If such consent be wanting, the rules quoted elsewhere (under the head of Notices), prescribe the mode in which such suspension, change or abrogation may be effected.

At least one day's previous notice must be given of the motion to do either, by the rules of both Houses.

By the Senate rule, no motion to suspend can embrace more than one rule. By the Assembly rule, literally construed, no motion to suspend, change or rescind can cover more than one. The notice of such motion must of course conform to these restrictions.

The Assembly rule requires a vote of a majority of all the members elected, to suspend, change or rescind any of its rules, and a vote of two-thirds of all the members elected, to change, suspend or rescind the forty-second. The Senate rule, as recently modified, also requires the vote of a majority of all the Senators elected, to rescind, suspend or change any of its rules.

The object of suspending a rule must, by the rules of both Houses, be specified in the notice and, that object being attained or attempted, nothing else can be done under such suspension.

No joint rule can of course be suspended, changed or rescinded, except by the concurrent vote of both Houses. But there is nothing in the Assembly rules requiring notice to be given of a motion to change, suspend or rescind a joint rule, or restricting such motion to one rule, or otherwise regulating such motions. The Senate rule requires notice of such motion, and restricts it to one rule, if the suspension, change or abrogation originates there.

OF THE RECONSIDERATION OF VOTES.

The rules of the two Houses regulating the reconsideration of votes are these:

"When a question has been once put and decided, it shall be in order for any Senator to move for the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after the bill, resolution, message, report, amendment or motion upon which the vote was taken, shall have gone out of the possession of the Senate, and before the first day of April no bill or resolution shall be sent from the Senate on the day of its passage; nor shall any motion for reconsideration be in order unless made on the same day in which the vote was taken, or within the next three days of the actual session of the Senate thereafter; nor shall any question be reconsidered more than once; but when a bill or resolution shall have been recalled from the Governor or from the Assembly, a motion for reconsideration may be made at any time thereafter while the same is in the possession of the Senate, and all resolutions recalling a bill or resolution from the Governor or Assembly shall be regarded as privileged. No vote shall be reconsidered upon either of the following motions: To adjourn, to lay on the table."- Senate rule 31.

"A motion to reconsider any vote must be made on the same day on which the vote proposed to be reconsidered was taken, or on the legislative day next succeeding, and, except voted in the majority. Such in the case of a vote on the final passage of a bill, by a member

motion may be made under any order of business, but shall be considered only under the order of business in which the vote proposed to be reconsidered occurred. The motion to reconsider the vote on the final passage of any bill shall be privileged to any member, but no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report, amendment or motion upon which the vote was taken shall have gone out of the possession of the House, unless subsequently recalled by a vote of the House, and in possession of the Clerk." Assembly rule 28.

"When a motion for reconsideration is decided, the decision. shall not be reconsidered, and no question shall be twice reconsidered; nor shall any vote be reconsidered upon either of the following motions: To adjourn. To lay on the table. To take from the table; or for the previous question. A motion to recall a bill from the Governor for correction may be made by or on behalf of the member who introduced the bill, under any order of business, and the votes for consideration and amendment of such bill may be taken immediately upon its return." Assembly rule 29.

The rules of both Houses agree in forbidding the renewal of a motion to reconsider once put and lost.

They agree also in forbidding a reconsideration of any reverse vote on the final passage of a certain class of