David Josiah Brewer

“ If we appeal to the journal of the house, we find that a majority of its members were present when the bill passed, a majority creating by the constitution a quorum, with authority to act upon any measure; that the presence of that quorum was determined in accordance with a valid rule theretofore adopted by the house; and that of that quorum a majority voted in favor of the bill. ”

“ He said: 'The exercise of law-making power is not stopped by the mere silence and inaction of some of the law-makers who are present. An arbitrary, technical, and exclusive method of ascertaining whether a quorum is present, operating to prevent the performance of official duty and obstruct the business of government, is no part of our common law. The statute requiring the presence of four aldermen does not mean that, in the presence of four, a majority of the votes cast may not be enough. The journal properly shows how many members were there when the vote was taken by yeas and nays ”

“ He may not classify some worsteds as woolens and others as not. There is given no choice or selection, but it is the imperative direction of congress to him, as the chief administrative officer in the collection of duties, to place all worsted cloths, by whatever name properly known or known to the trade, within the category of woolen cloths, and, of course, if placed within that category, or, using the familiar language of the tariff, if 'classified as woolen cloths,' subject to the duty imposed on such cloths. ”

“ It authorizes an officer of the government who may find an import to be in fact an article which under the tariff laws pays one rate of duty to call it something else, which it is not, in order to enable the revenue officers to levy upon it a rate of duty which that other article, which it is not, pays. ”