HOUSE OF REPRESENTATIVES.
THURSDAY, January 5, 1865.This being the day prescribed by the Constitution for the regular biennial session of the Legislature, the members elect of the House of Representatives of the forty-fourth General Assembly of the State of Indiana, appeared in their places in the Hall of Representatives, and were called to order by Mr. A. T. Whittlesey, of Vanderburg county, Principal Clerk of the preceding session.
Judge Elliot, one of the Judges of the Supreme Court of the State of Indiana, administered to the members present the constitutional oath, namely: "You who swear, do solemnly swear, and you who affirm do truly and fairly affirm, that you will support the Constitution, of the United States and the Constitution of the State of Indiana, and that, you will faithfully discharge your duties as members of the House of Representatives, during your continuance in office: as you who swear, will answer to God, and you who affirm under the pains and penalties of perjury;" and in the following order, to-wit:
- From the county of Adams-Philomen N. Collins.
- From the county of Allen-O. Bird, J. T, Shoaff.
- From the county of Bartholomew-O. H. P. Abeott.
- From the counties of Benton and White-Thomas Atkinson.
- From the counties of Blackford and Wells-Newton Burnwell.
- From the county of Boone-Thomas M. Stringer.
- From the county of Brown-John Richards.
- From the county of Carroll-John B. Milroy.
- From the county of Cass-Charles B. Lasselle.
- From the county of Clark-Jonas G. Howard.
- From the county of Clay-A. C. Veach.
- From the county of Clinton-Cornelius J. Miller.
- From the county of Daviess-Howard Crooks.
- From the county of Dearborn-John G. Stringer, Richard Gregg.
- From the county of Decatur-William H. Bonner.
- From the county of DeKalb-Robert M. Lockhart.
- From the county of Delaware-Alfred Kilgore.
- From the county of Elkhart-Joseph Riford.
- From the county of Floyd-Cyrus L. Dunham.
- From the county of Fountain-H. L. Roach.
- From the county of Franklin-R. Osborn.
- From the county of Gibson-John Hargrove.
- From the county of Grant-Henley James.
- From the county of Greene-John M. Humphreys.
- From the counties of Hamilton and Tipton-William Stiver.
- From the county of Harrison-John W. Lopp.
- From the county of Hancock-John H. White.
- From the county of Hendricks-Charles F. Hogate.
- From the county of Henry-David M. Chambers.
- From the county of Howard-Seymour F. Montgomery.
- From the counties of Huntington and Whitley-John R. Coffroth.
- From the county of Jackson-Jason R. Brown.
- From the county of Jay-Samuel A. Shoaff.
- From the county of Jefferson-D. C. Branham, T. T. Wright.
- From the county of Jennings-Hiram Prather.
- From the county of Johnson-E. Banta.
- From the county of Knox-John D. Patterson.
- From the county of Kosciusko-Harvey W. Upson.
- From the county of Lagrange-Francis P. Griffith.
- From the county of Lake-Bartlett Woods.
- From the county of Laporte-William W. Higgins, John H. Willis.
- From the county of Lawrence-Robert Boyd.
- From the county of Madison-E. Croan.
- From the county of Marion-H. C. Neweomb, J. H. McVey.
- From the counties of Marshall and Starke-Lloyd Glazebrook.
- From the county of Miami-Jonas Hoover.
- From the county of Monroe-Samuel H. Buskirk.
- From the county of Montgomery-Samuel Gregory.
- From the county of Morgan-N. J. Major.
- From the county of Noble-Philip Zeigler.
- From the county of Orange-Thomas Hunt.
- From the county of Owen-John M. Stuckey.
- Erom the county of Parke.-Thomas N. Kice.
- From the county of Perry-Henry Groves.
- From the county of Pike-J. W. Richardson.
- From the county of Porter-Firman Church.
- From the county of Putnam-Samuel Celling.
- From the county of Randolph-Thomas W. Reese.
- From the county of Ripley-Benjamin F. Ferris.
- From the county of Hush-David M. Stewart.
- From the county of Scott-Thomas M. Sullivan.
- From the county of Shelby-James Harrison.
- From the county of Spencer-F. M. Emerson.
- From the county of St. Joseph-John A. Henricks.
- From the county of Steuben-Stephen C. Sabin.
- From the county of Sullivan-Stephen G. Burton.
- From the county of Tippecanoe-Joseph H. Hershey,J. L. Miller.
- From the county of Vanderburg-Fred W Cook.
- From the county of Vermillion-B. E. Rhods.
- From the county of Yigo-F. M. Meredith, J. E. Woodruff.
- From the county of Wabash-John U. Pettit.
- From the county of Warren-Benj. F. Gregory.
- From the county of Warrick-Robert Perigo.
- From the county of Wayne-John Sim, Win. W. Foulks,E. Coe.
- From the counties of Hancock and Shelby-George C.Thatcher.
- From the counties of Wabash and Kosciusko-Thomas C. Whiteside.
- From the counties of Elkhart and Lagrange-Michael F. Shuey.
- From the counties of Switzerland and Ohio-Augustus Welch.
- From the counties of Fayette and Union-Gilbert Trusler.
- From the counties of Hendricks and Boone-John F. Burnes.
- From the counties of Johnson and Morgan-Ezra A. Olleman.
- From the counties of Harrison and Washington-John P. Lemon.
- From the counties of Newton, Jasper and Pulaski-Silas Johnson.
The CLERK announced eight absentees, namely: Messrs. Beckett, Goodman, Lee, O'Brien, Puett, Shaffer, Spencer and Sullivan, of Posey. He stated, also, that a majority to do business being present, the pending order was nominations for Speaker.
Mr. GRIFFITH suggested a call of the House to establish the fact of a quorum.The call proceeded, and the CLERK reported nine absentees.
THE ORGANIZATION.
Mr. BRANHAM. Mr. Clerk, I place in nomination for Speaker of this House, the name of the Honorable JOHN U. PETTIT, of Wabash county.
Mr. COFFROTH, I place in nomination for that position the name of the Honorable JASON B. BROWN, of Jackson county.
There being no other nominations,the ballotting, viva voce, was taken, with the following result:
Mr. Pettit received.....................52 votes.
Mr.
Brown.................................36 votes.
Scattering................................... 1 vote.
The CLERK. The honorable John U. Pettit, from Wabash bounty, having received a majority of all the votes cast, I declare him duly elected Speaker of the House of Representatives for the current session. Mr. Brown, of Jackson, and Mr. Branham, of Jefferson, will conduct the Speaker to the Chair.
This formal service having been performed-
The SPEAKER said:
GENTLEMEN: I thank you for the honor done me in selecting me to preside over your deliberations. It will increase the value of this mark of confidence, if, in executing the duties of this office, you shall think when our duties are ended, that I have deserted it. The best gratitude I can express will be in trying to deserve it. I confess a conscious diffidence in entering on this office, but I am encouraged in remembering that I am now charged with maintaining your authority, not my own with administering the rules established by yourselves to maintain the decorum, dignity and independence of debate, and to give ease and certainty to legislation, and that I shall be cheerfully supported by you all, from principle and feeling, in conducing to these objects. This will lighten the labors of the Chair, and make them cheerful; and if, as is not unlikely, my judgment shall betray me into errors, I know that I shall have your charitable indulgence.
The functions of this body, always important, assume increased consequence in the midst of the sad and perilous history through which we are passing, and of which history my Commonwealth has proudly acted its part. This requires from us, in order to preserve its honor, greater watchfulness, caution, sagacity. At this solemn threshold of our duties, under the fresh obligations of our oaths of office, which bind us with another tie of love and loyalty to the State, may I invoke you to emulate, by wisdom and justice in council, the renown of that patriotism which has warmed the hearts of all our people, still glowing with unabated fire, and which has felt no sacrifice too great for love of country, or the equal glory of the soldiers of the State, who have willingly faced danger and sustained its honor on so many battle-fields.
Mr. BRANHAM, Mr. Speaker, I move that that the House proceed to the election of Principal Clerk.
The order being taken by consent,
Mr. NEWCOMB nominated Cyrus T. Nixon, of Clark county.
Mr. DUNHAM nominated James B. Newton, of Clinton county.
The balloting resulted:
For
Nixon.................................53 votes.
For
Newton...............................35 votes.
The, SPEAKER announced the election of Mr. Nixon, and he, coming forward under the order of the Chair, received the oath of his office and entered on the duties thereof.
On motion of Mr. SHOAFF, of Alien, the House proceeded to the election of Assistant Clerk.
Mr. KILGORE nominated Captain Thaddeus O. W, Braffit, of Wayne county.
Mr. BUSKIRK nominated John C. Robinson, of Rush county.
The balloting resulted:
For
Braffitt................................54 votes.
For
Robinson............................36 votes.
The SPEAKER announced the choice of Mr. Braffitt, and, being sworn at the Chair, he entered on the duties of his office.
On motion of Mr. GREGORY, of Warren the House proceeded to the election of a Doorkeeper.
Mr. MILLER, of Tippecanoe, nominated Captain John H. Dooley, of Boone county.
page: 13[View Page 13]Mr. COFFROTH nominated Colonel Henry Achey, of Marion county.
The balloting resulted:
For Dooley...............................54 votes.
For
Achey.................................36 votes.
The SPEAKER announced the choice of Mr. Dooley, and he also being qualified, entered on the duties of his office.
RULES.
Mr. HIGGINS. Mr. Speaker, I offer the following for adoption:
Resolved, That the rules of the last House of Representatives be the rules of this House until otherwise ordered.
Mr. BUSKIRK suggested that 500 copies be printed with the State Constitution; but withdrew the suggestion for
Mr. BRANHAM. I move to amend, so that the rules be referred to a special of five, to revise and report. I desire that the rules of the former House be adopted for the present, and that they be referred for revision.
The amendment was agreed to, and so the resolution was adopted.
Mr. BRANHAM submitted the following:
Resolved, That the Senate be informed that the House of Representatives have convened, and that enough of members to form a quorum have answered to their names, and have proceeded to organize the House by the election of the Hon. John U. Pettit, Representative of the county of Wabash, Speaker; Cyrus T. Nixon, of Clark, Principal Clerk, and Thaddeus W. O. Braffitt, of Wayne, Assisant Clerk, and John H. Dooly, of the county of Boone, Door-keeper; and that the House is now ready to proceed with the legislative business of the session.
The resolution was adopted.
Mr. NEWCOMB submitted the following:
Resolved, That the Speaker be authorized to appoint as many pages as he may deem necessary for the convenient transaction of the business of the House.
The resolution was adopted.
MR BANTA.
Mr. GRIFFITH. Mr. Speaker, I hold in my hand and send up a resolution which I desire to have referred to the on the Judiciary, when that shall be announced:
WHEREAS, It is generally accredited that E. Banta, whose name appears upon the printed list, was duly elected a Representative from the county of Johnson, to the General Assembly of Indiana, but who appears here without a certificate of election, by reason of a refusal on the part of the Clerk of said county to issue the same, therefore
Resolved, That the Judiciary be directed to inquire into the propriety of preferring impeachment against said Clerk for dereliction of duty, or administering such other punishment as the Constitution and laws demand.
The preamble and resolution were adopted.
Mr. BRANHAM. Mr. Speaker, I move that the name of Mr. Banta be called, and that he be sworn in.
Mr. BROWN did not think the action proposed would be in accordance with the rules of the House, unless Mr. Banta comes here with prima facie evidence of his election. There was no evidence here that this gentleman was even voted for as representative of Johnson county. There was no evidence that he was even so much as a citizen of the State of Indiana. Besides, inasmuch as a resolution had been adopted to refer the principal matter to the Judiciary to inquire into the facts, it would be greatly out of order to make him a member of the House. There was, he thought, no rule of law or common sense to justify the course proposed.
The SPEAKER. The Chair does not propose to rule on the matter as a point of order.
Mr. BRANHAM. It was not contended that Mr. Banta did not receive a majority of the votes cast for Representative of Johnson county at the October election; but the Clerk refused to give him a certificate.
Mr. DUNHAM, without pretending to be conversant with the case, took issue with the gentleman on the fact of contest; and the very point of the contest was, that Mr. Banta did not receive a majority of the legal votes cast. The charge was distinctly and promptly made, that the report that Banta received a majority was a fraud. It seemed to him highly improper to adopt the motion. He advised the usual course of reference to the proper . He submitted that, in all his legislative experience, there was no such thing as that now proposed to be done.
Mr. NEWCOMB referred to the constitutional power of the House to judge of the qualification of its members, and to the unreasonableness of the slightest admission of the power of a Circuit Court Clerk to override the constitutional provision. This was not the only case of a contest for seats here. The two members from the county of Putnam had received notice that their places would be contested; and there was the member from Clinton, [Mr. Miller.] standing, he believed, in precisely the same category with Mr. Banta; and these were admitted to seats. This power which was attempted to be assumed by this Clerk was utterly disorganizing. It was not proposed by any order under the pending motion to decide whether Banta was properly elected or not.
Mr. DUNHAM would not draw on the time of the House, if gentlemen did not seem to misunderstand the case. So far from conceding that Banta received a majority, be most emphatically stated the contrary, and the proof to that effect was abundant. But he did not give so much importance to this fact, as to the duty which the House owes to itself in this case. Should we take current rumor, or the bare statement of a member here--however honorable and unimpeachable-to govern our decision as to the rights of members end the rights of constituents. Assuredly, it was not safe to tamper with and hazard the rights of members and constituents. Was it not due to the people of Johnson county, that we should ask tor the evidence on which this gentleman claims a seat as their Representative? It was all well enough for gentlemen to talk about the conduct of Clerks of the Circuit Court; but that was not the question. The real question here was, what a legislative body owes to itself and to its constituency. He submitted, whether a single case could be found in all our legislative records where a man was sworn in as a member without any evidence of his election. No man knew, as a member of this House, that Banta has received so much as one vote for a place here. How then, could gentlemen vote "or the order to swear him in without a scintilla of evidence? It would be making a mockery page: 14[View Page 14] of everything like the rights of constituencies and the rights of members in contested cases.
Mr. GRIFFITH. It was unquestionably the right of the gentleman from Johnson to be sworn in. It was not to be presumed that he would have come in, without the sending of his constituents. But as best of all authority here, he held in his hand & copy of the State Sentinel, giving his name as the Representative returned from Johnson county.
Mr. NEWCOMB. It might be that this was a new case in this House; but he referred the gentleman from Floyd [Mr. Dunham] to a case somewhat similar, that occurred in this Hall in 1857. A gentleman appeared before the House of Representatives of the session of that year with a certificate of election from the county of Rush. But the House overruled the certificate, and the gentleman did not take his seat during the session. The county of Rush went unrepresented that session, because it was said outside that he received his certificate of election by fraudulent votes. If then the House could do that-could decide that this man could Lot take a seat here to which he was accredited by certificate, certainly it is competent for us now to admit this man to a seat, without a certificate, who is elected according to all reports outside. Gentlemen all know how high party spirit runs. Should we concede the power of revising the certificate in one case and deny it in another ? The power assumed by this Johnson county Clerk, if admitted here, would be sufficient to destroy the legislative power of the State. He submitted that where the Clerk contumaciously refuses to give the certificate, we should not be bound by it. By voting for this motion he would not indicate which way he would vote if the seat should be contested. He did not think Johnson county disfranchised.
Mr. BROWN thought this question already disposed of here, by the adoption of the resolution offered by Mr. Griffith. But putting it on the ground that the motion is in order, he still insisted that this body could not maintain its dignity and self-respect by adopting it, unless the gentleman presents prima facia evidence of his election-evidence not only that he received a majority of the legal votes, but that he possesses the requisite qualifications. Did we know that he was a resident of the State of Indiana, or that he had resided within the year past in the county of Johnson? It was for this reason, he had said, that the House, would not maintain its dignity and self-respect if we declare him a member without his presenting prima facie evidence of his election. There was the best evidence that he was not elected. There had been sufficient time for the gentleman to have compelled the Clerk to give him a certificate, but instead of that he comes here without evidence even that he has made the attempt.
Mr. MILLER, of Tippocanoe, made a question of order against the consideration of the motion, because of the adoption of Mr. Griffith's resolution, but for a different, reason from that urged by the gentleman from Jackson [Mr. Brown.] The adoption of that resolution to inquire into the power of the clerk contumaciously to refuse the certificate, and into the power of the House to punish the offense,seemed to him that the matter was settled by this action, and that the right was withheld from us to swear him in.
Mr. BUSKIRK would not presume to express an opinion in the case until he had heard the evidence. We were apprised that there is a contest, and the gentleman from Jefferson [Mr. Branham] moves that Mr. Banta be sworn ia as a member. It seemed to him that something should appear upon the records of the House, showing the authority by which every member holds his seat. It was his judgment that where a certificate has not been issued, a gentleman should not be sworn in before the evidence has been heard by the House. But if it were the pleasure of members to disregard this, he respectfully suggested the propriety of first offering a resolution declaring this gentleman to be duly elected from the county of Johnson, and that the Clerk refused his certificate. That would place upon the record some show of authority for action upon the pending motion.
Mr.BIRD, of Allen, moved that the House adjourn till 2 o'clock.
Accordingly, the House took a recess till that hour.
AFTERNOON SESSION.
The SPEAKER announced the question to be on the adoption of the motion of the gentleman from Jefferson [Mr. Branham.]
Mr. NEWCOMB proposed to amend the motion by way of substitute, as follows:
WHEREAS, It appears to this House that at the late genernl election held in the county of Johnson, on the 11th day of October, 1864, Elijah Banta received a majority of all the votes cast for Representative of said county in the present General Assembly; and whereas, it further appears that the Clerk of the Johnson Circuit Court has refused to ispue a certificate of election to said Banta, on the ground that the election of said Banta is contested; and whereas,no other person holds a certificate of election as Representative of said county of Johnson, therefore--
Be it Resolved, That, until it is shown by an investigation of said contest, that some other person is entitled to said seat, said Banta is entitled to be admitted as a member of this House, and that the Speaker be instructed to administer to said Elijah Banta the oath of office prescribed for members of this body.
He also presented papers accompanying the resolutions which were read for information. The papers were attested certificates by Mr. Banta and Mr. Oyler, establishing the facts set: forth in the resolution.
Mr. BUSKIRK desired to amend the preamble by avoiding the words "legal votes."
Mr. NEWCOMB had not said in the preamble, or resolution that he received a majority of the legal votes, but simply "a majority of the votes cast"
Mr. BUSKIRK desired the resolution to be kept free from any decision of the case. He would be satisfied if the gentleman would amend the preamble with the words "as returned in the canvass."
Mr. NEWCOMB. I accept that.
Mr. BROWN. I move to refer the resolution and the papers to the on the Judiciary.
Mr. BRANHAM moved to lay this motion on the table, but withdrew for
page: 15[View Page 15]Mr. DUNHAM, who simply desired to say that since the forenoon session he had looked into the statute, and he would call the attention of members to it. It seemed to him that the House would be forestalling the law. It would be found by reference to the statute that the clerk is not required to certify to the election of a member when there is a contest, but only where there is none. The Librarian refuses to let the books come out of the library, and therefore he was compelled to make a loose reference in this way. He did not see what was to be gained by this action. Gentlemen on the opposite side had a clear majority, and there was no inducement to do what be conceived to be a violation of the statute. He preferred that the resolution should go to the Judiciary Committee .
Mr. NEWCOMB showed again the possibility of the combination of clerks destroying the legislative power of the State if the doctrine contended for should obtain here. And then, if there was anything in the statute giving the clerk jurisdiction over the qualification of members here, it was clearly void, because the Constitution provides that the House shall be judge of the qualification of its members. He showed that in the case of county officers it was provided that they should hold till their successors be chosen and qualified. But it was not so with members of the Legislature; and this was the reason he was in favor of hearing this matter now, to save the disfranchisement of constituencies. He wished it to be known, now and for all time, that it is not competent for the clerks of the circuit court to destroy the General Assembly. He would have no more cases in the history of our Legislature where a whole county is kept out of representation here, as in the case he named this morning of the county of Rush. The Constitution says the people shall have representation, and that each House shall decide upon the qualification of its members. And because the adoption of this resolution cannot change the merits of the case--cannot harm either side--he thought it behooved the House to take this action, promptly. He desired this for political reasons to prevent the recurrence of such cases hereafter. He neither felt nor acted as a partisan in this matter, but would simply do his duty as a member of this House.
Mr. HARRISON quoted particularly the provisions of the statute referred to by the gentleman from Floyd [Mr. Dunham.]
After further debate, in which Mr. NEWCOMB, Mr. GREGORY, of Warren, Mr. BROWN and Mr. LASALLE participated--
Mr. BRANHAM renewed his motion to lay on the table the amendment of Mr. Buskirk. Which was agreed to.
The question recurred on the adoption of the preamble and resolutions-Mr. Newcomb accepting the insertion in the preamble of the words "as returned by the officers of election."
Mr. BROWN and Mr. COLLINS demanded the yeas and nays on the adoption of the proposition, and they were ordered, and being taken, resulted--yeas 54, nays 34--as follows:
YEAS-Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Chambers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Gregory, of Montgomery, Gregory, of Warren, Griffith Groves, Henricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, Lockhart, Major, Meredith, Miller, of Tippecanoe, Montgomery, McVey, Newcomb, Oleman, Prather, Puett, Reese, Rhodes, Rice. Riford, Sabin, Shuey, Sim, Steward,Stringer, Trusler,Upson, Welch, Whiteside, Willis, Woodruff, Woods, Wright, Zigler and Mr Speaker-54.
NAYS-Messrs Abbett, Beckel, Bird, Brown, Burton, Burwell, Buskirk, Coffroth, Collins, Crone, Dunham, Grayebrook, Gregg, Hargrove, Harrison. Howard, Hunt, Lasselle, Lemon, Milroy, Osborn, Patterson, Perigo, Richards, Richardson, Roach, Shoaff, of Allen, Stinger, Stuckey, Sullivan, of Scott, Thatcher, Veach, and White-34.
So the preamble and resolution were adopted.
And Mr. Banta came forward, received the oath and took his seat.
STATIONERY.
Mr. RICE submitted the following:
Resolved, That the State Librarian be ordered to furnush to each member of the House now in session a sufficient amount of stationery on the order of the Clerk.
Mr. BRANHAM. I move that the resolution be referred to a select , as was the case two years ago.
Mr. GRIFFITH. I would move to amend by striking out and inserting "on the order of each member."
The SPEAKER. If not accepted, the amendment is excluded.
Mr. Branham's motion was agreed to.
Mr. MILLER, of Clinton, submitted the following:
Resolved, That the Door-keeper be instructed to contract with the proprietors of the Daily State Sentinel and the Daily Indianapolis Journal for three copies each, or the use of members and elective officers of this House two copies of each number to be enveloped and stamped.
Mr. MILLER, of Tippecanoe, suggested three copies of the Gazette.
Mr. BROWN. It has been the custom to take only the papers of the local organs of the two parties. That was the case two years ago. And this Gazette comes in the afternoon, at a time when members are most likely to be engaged in business, and it would prove a greater annoyance than benefit.
Mr. MILLER, of Tippecanoe, then withdrew his motion, and proposed to add the two German papers printed in this city.
Mr. MILLER, of Clinton, accepted the modification.
Mr. NEWCOMB moved to refer the matter to a select .
Mr. GRIFFITH, after an ineffectual motion to lay the motion to refer on the table, spoke briefly against the reference.
The reference was ordered on a division-affirmative 38, nays 37.
Mr. BUSKIRK asked and obtained leave of absence for Mr. Shaffer, of Fulton-sick.
BOOKS.
Mr. BOYD submitted the following:
Resolved, That the Door-keeper be directed to place a copy of the revised statutes and a copy of journals of the last session, on the desk of each member of this House.
Mr. DUNHAM suggested that the statutes might not be in the hands of the Librarian, and proposed an amendment if the State Librarian have them on hand.
Mr. BOYD accepted the amendment.
Mr. BUSKIRK submitted the following, by way of a substitute:
page: 16[View Page 16]Resolved, That the State Librarian be directed to procure and place on the desk of each member a copy of the Revised Statutes, by Gaven & Hord; also, of the journal of the last House; also, the large edition of Cushing's Manual for the Speaker, and also a copy of the small edition of Cushing's or Jefferson's Manual for each member.
Mr. BOYD accepted the substitute.
And the resolution was agreed to.
CHAPLAIN SERVICE.
Mr. BROWN submitted the following, which was adopted:
Be it Resolved by the House of Representatives, the Senate concurring, That a of three on the part of the House, and two on the part of the Senate, be appointed to invite some minister of the gospel to open the business of the session with prayer immediately preceding the delivery of the message of the Governor.
THE PUTNAM AND CLINTON CONTESTED ELECTIONS.
Mr. STRINGER submitted the following:
WHEREAS, Dudley Hambrick and Higgins Lane are present in this House to contest the seats claimed by Austin M. Puett and S. Collier, as Representatives from Putnam county;
AND WHEREAS, Hamilton, as contestant of the seat claimed by Cornelius J. Miller, as Representative from Clinton county--therefore
Be it Resolved ,That the said contestants be admitted to seats in this House until the said contests shall be fairly determined.
Pending the consideration of which, the House adjourned till tomorrow morning at nine o'clock.
