BIENNIEL ELECTIONS.
The House now took up the special order, viz: the consideration of Mr. William's of Union, bill, [H. R. 23] to change the time of holding elections in this State(to make all elections bienniel--on the second Tuesday in October--and to change terms of office conformably thereto.
Mr. VATER made an ineffectual demand for the previous question.
Mr. ZOLLARS (by consent) proposed to amend by striking out section three and insert to this effect: In case of vacancy, by experation of terms of office, such office shall be declared vacated, and shall be filled by appointment in the forms provided by law.
Mr. COFFROTH objected to the amendment--being uncompromisingly opposed to the bill.
Mr. ZOLLARS then moved to recommit the bill, with instructions to amend as above. He then declared that the bill is unconstitutional--against that provision that Auditors and Clerks shall hold their office four years. Now, if we have power to say these officers shall hold one year longer, we have power to say they shall hold over indefinitely; and he sustained his position by reference to sundry cases and court decisions, which he recited and showed at length their applicability here.
Mr. BUSKIRK confessed that there was force in the point made by Mr. Zollars, and he replied to his colleague's objections, because he regarded this bill as one of the most important measures of the session. He also spoke at length, admitting the value of Mr. Zollar's amendment.
Mr. WILDMAN proposed to amend the motion of Mr. Zollars--further instructing the Committee on Elections to amend by providing that the vacancies shall be filled by the present appointing power, and report the same back to the House forthwith.
The motion to recommit with instructions to report forthwith, was agreed to by yeas 70, nays 18--two-thirds voting in the affirmative.
At the close of the calling of the roll--
Mr. PIERCE of Vigo, from the Committee on Elections, rose and proposed to report back the bill amended, in obedience to instructions.
Mr. COFFROTH objected, on the ground that it is out of order to submit reports of committees at this hour of the day. He claimed that there is a time in the regular order of business for receiving reports of committees, and that the report could not be received at the present time.
Several members on the floor urged in vain that the committee was submitting a report in obedience to instructions from the House a few moments before, while the gentleman from Huntington was otherwise engaged.
Mr. COFFROTH still clung to his position urging that as in legal parlance, forthwith means at any time within twenty-four hours, and as the reports from committees have a regular hour assigned in the order of business, the report must lie over.
Mr. WILDMAN, to circumvent this quibble, as he believed it to be, moved to suspend the rules in order to receive the report.
The SPEAKER (Mr. Vater in the Chair) remarked that he was about to decide the report of the committee in order when the genman from Howard [Mr. Wildman] made his motion.
Mr. WILDMAN withdrew his motion and--
The SPEAKER decided the report in order.
Mr. COFFROTH appealed from the decision of the Chair, and took occasion to criticize and condemn the ruling severely. He took no pains either to conceal from the House the fact that in the allusions he made to the bull in the china shop, he meant to insinuate that the fitness of the gentleman occupying the Chair for such a position was not such as might justify him (the gentleman speaking) in hoping for anything better.
Mr. CALVERT made an ineffectual motion to adjourn.
Mr. OSBORN (by consent) submitted a resolution: That in the opinion of this House, a motion to lay an appeal on the table, may be received and disposed of before the appeal is written out.
The SPEAKER ruled it out of order.
Mr. COFFROTH now submitted his appeal in writing--Mr. Cox joining him in the same.
A motion was made to lay the appeal on the table--
Mr. COFFFOTH demanded the yeas and nays, and also to be excused from voting thereon.
The SPEAKER (Mr. Vater in the Chair) declared that the Chair could not entertain page: 520[View Page 520] an appeal made for the purpose of delay; and directed the clerk to call the roll for the vote.
Mr. COFFROTH demanded if it was to be understood that no member should have the right of appeal--a right which the rules of the House gives to every member? Who constituted the incumbent in the Chair a judge in this case? And the Speaker of the House was present on the floor, the gentleman who was deputed to decide such questions here; and he appealed to him to know whether or not the right of appeal is to be denied to a member? Whether it is competent for the Speaker to decide whether the motion of a member is made for dilatory purposes? Did he understand that the Chair decides against the right of appeal?
The SPEAKER. No sir.
Mr. Speaker STANTON said the Speaker has the right to decide against the second appeal premptorily.
The SPEAKER. The Chair has decided that there is nothing in order except the call for the yeas and nays on the motion to lay the appeal on the table.
Mr. COFFROTH, on that question demanded to be excused from voting; and on that he demanded the yeas and nays.
The SPEAKER. The Chair has already decided that it is not in order. The Chair declines to entertain the second appeal by the gentleman from Huntington and the Clerk has a premptory order to proceed with the call.
The call proceeded accordingly.
Mr. COFFROTH, when his name was called, said he now asked to be excused from voting, on that question he demanded the yeas and nays.
Mr. WILDMAN moved that the gentleman be excused, and the motion was decided in the affirmative.
Mr. COFFROTH then complained that this proceeding was not in conformity with the former decision of the Speaker of the House, when Mr. Buskirk took an appeal from the decision of the Chair against the right to demand the yeas and nays on a question to be excused, etc. He explained that he regarded the provisions of the bill as unconstitutional and subversive of the rights of the minority, and he believed himself justifiable in every effort he might make to defeat its passage.
And after debate thereon, and much talking across the House, too tedious for record here--
Mr. Coffroth's first appeal was laid on the table by yeas 67, nays 17.
And then--
Under the pressure of the previous question the report of the Committee on elections, returning Mr. Zollars' amendment to the bill, according to the direction of the House, was concurred in.
On motion of Mr. PIERCE of Vigo, the bill was considered as engrossed and put upon its passage, the vote thereon resulting yeas 59, nays 29--as follows:
YEAS--Messrs. Baker, Barnett, Beatty, Beeler, Bowen, Breckinridge, Buskirk, Chapman, Chittenden, Cunningham, Davidson, Davis, Dittemore, Dunn, Fairchild, Field of Lagrange, Gilham, Green, Hall, Hamilton, Higbee, Higgins, Hutson, Johnson of Parke, Johnson of St. Joseph, Jump, Kercheval, Lamborn, Mason, Millekan, Miller, Miles, Mitchell, Monroe, Osborn, Overrnyer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Sabin, Shoemaker, Skidmore, Smith, Stephenson, Stewart of Ohio, Stewart of Rush, Taber, Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union, Zenor, Zollars and Mr. Speaker--59.
NAYS--Messrs. Addison, Admire, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cory, Cox, Fuller, Hutchings, Hyatt, Johnson of Montgomery, Logan, Long, Mcbride, McDonald, McFadin, Miner, Mock, Montgomery, Neff, Odell, Palmer, Shoaff, Sleeth, Sunman, Tebbs and Williams of Knox--29.
So the bill was passed the House of Representatives.
Mr. PIERCE of Vigo, proposed to amend the title by adding these words: "and to fill all vacancies in office occasioned the provisions of this act.
Mr. COFFROTH proposed to amend the title by making it read in these words: "An act to provide pap for a few members of the Republican party for a short space of time."
The amendment to the amendment was laid on the table.
Mr. Pierce's amendment to the title was then adopted.
And then--
The House adjourned till nine o'clock a. m. to-morrow.
