HOUSE OF REPRESENTATIVES.
FRIDAY, March 5, 1869.The SPEAKER took the Chair at nine o'clock, a. m.
Mr. STEWART of Rush. Mr. Speaker: I move that the House do now adjourn.
Mr. COFFROTH. Mr. Speaker: I rise to a point of order, and I desire that it should be entered on the journal, for indeed the journal is not complete unless it notice the whole of the proceedings of the House. A point of order is as much a part of the proceedings of the House as any other motion which is made in order. The point I make is this: That the journal has not been read, and it is the duty of the Speaker, on taking the Chair, first to determine that there is a quorum, and then cause the journal to be read, and then no motion is in order but a call of the House, which can be ordered, and which it is the duty of the Chair to order at any time when, in its judgment, there is not a quorum present, and it is always in order for a member to demand a call of the House, and either that or a motion to dispense with the reading of the journal are the only motions that can be made. I wish to make this point of order and if the Chair decides against it, I demand that it be placed on the journal. I made the same point yesterday morning, and the Chair ruled against it, and I have examined the journal and I find that it is not in the journal as prepared by the Clerk.
The SPEAKER. The Clerk will make the correction. I can't see how the Chair could rule otherwise. In the first place, the rules of the House admit of a motion to dispense with the reading of the journal but that motion could not be entertained, because we had no quorum. We could not put a motion to dispense with the reading without a quorum. Therefore under the same circumstances, the Chair will rule that no motion but to adjourn is in order.
Mr. COFFROTH. The motion before the House is to adjourn, and I am aware that it is not debatable. But I wish to make a single observation, and I wish also to remark, that it is not to be made from any political prejudice, or for any political purpose, and I wish to invite the attention of the House to it. And I page: 596[View Page 596] wish to say that, to my mind, there is no reason why we should remain here from day to day, till Monday. It is said we have no authority to adjourn--
Mr. VATER (interrupting.) Mr. Speaker, I rise to a point of order. The motion to adjourn is not debatable.
The SPEAKER I shall have to put the motion.
Mr. COFFROTH. I am speaking as to the duty of the Chair, and that is to a point of order, and there can be but one point considered at a time.
Mr. VATER. I make that point, that a motion to adjourn--
Mr. COFFROTH continuing. I am making the point further. I submit that the motion is not in order, as it must be evident to the Chair, that there is no quorum present, and therefore it is the duty of the Chair to have a call of the House. And if, upon a call of the House, it is determined that there is no quorum present, a motion to adjourn is then in order.
The SPEAKER. I decide that, as we all well know, we have no quorum eligible to hold seats here, and a call of the House is entirely unnecessary. And I understand that this House has the power to adjourn from day to day.
Mr. STEWART of Rush. I rise to the point, that whenever the Chair is stating a point of order the member must take his seat.
The SPEAKER. The point is well taken.
The question on the motion to adjourn was then put, and decided in the affirmative.
Mr. COFFROTH asked for a division of the House, that we may see how many members are here.
The SPEAKER. I have already declared the House adjourned.
Mr. COFFROTH. I wish that also entered on the journal.
The SPEAKER. If the gentleman had asked in time I would have entertained it.
And then--
The House took a recess till two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at two o'clock p. m.
Mr. WILDMAN. Mr. Speaker, I move that we adjourn till to-morrow morning.
Mr. COFFROTH. I move to amend or substitute the motion, by offering the following resolution.
The SPEAKER the motion is not amendable.
Mr. COFFEOTH. Read it, and see.
The SPEAKER. Let it be read for information.
It is a concurrent resolution, "That the present General Assembly shall adjourn sine die to-day at five o'clock p. m."
Mr. COFFROTH. Mr. Speaker, there is no reason in the world why the people of the State should be taxed with the expense of men, a thousand or fifteen hundred dollars a day--which would be four or five thousand dollars--for us to stay here till Monday--doing nothing. I submit that it is absurd--it is a mere farce. I do think--
Mr. VATER interposed an objection to debate.
Mr. COFFROTH, continuing. I was expecting it; I had no doubt but that the gentleman from Marion would find some objection; and, as there is plenty of time I hope the gentleman will state his point of order.
The SPEAKER. I will just state this: It is a question, though perhaps not a very serious question, whether or not the House has any power to adjourn sine die. The very fact that we have no quorum here, I suppose prevents us from doing any legislative business. And to adjourn sine die would perhaps regarded as a legislative act, and ineffectual, because attempted without a quorum.
Mr. RUDDELL. Mr. Speaker, is an amendment in order, to a motion to adjourn?
The SPEAKER. It is not.
Mr. COFFROTH. I do not offer it then as an amendment. I will now speak to a point of order to which there cannot attach much importance; and I do not care whether I am reported here or not. But I wish to say this to the House, (and in doing so I do not wish to be understood as too freely advising my Republican brethren) but to suppose that we have not the power to do any legislative act, where is the appeal? Who is to decide on our act? Suppose we have no power to adjourn sine die, and suppose we do so adjourn? Before whom is that decision to be reversed? Where is the appeal? [Cries of "question, question."]
The SPEAKER stated the question on the motion to adjourn.
Mr. COFFROTH. Well, Mr. Speaker, I believe I will demand the yeas and nays on that.
Mr. UNDERWOOD (in his seat.) It takes ten members.
Mr. COFFROTH. The gentleman is mistaken; five will do now.
The SPEAKER. It takes one-tenth of the members present to demand the yeas and nays on a motion to adjourn, and I think there are not more than fifty members present.
The demand was seconded by five members.
Mr. RATLIFF. Is it not a legislative act to take the yeas and nays?
The SPEAKER. It is competent to call the yeas and nays.
page: 597[View Page 597]Mr. STEWART of Rush. Pending a motion to adjourn, no other motion can be in order, except the motion to adjourn to a day certain. The motion of the gentleman from Huntington is to adjourn sine die, without day. A motion to adjourn to a day certain would take precedence.
Mr. WILDMAN. The demand for the yeas and nays has not been properly seconded. We have no official evidence that there is not a quorum present.
The SPEAKER. One tenth of the members in the hall have the right to demand the yeas and nays. The Clerk will proceed with the call. The question is on adjournment till to-morrow morning.
The yeas and nays were taken--yeas 28, nays 6--as follows:
YEAS--Messrs. Baker, Beeler, Bowen, Davidson, Davis, Dunn, Field of Lagrange, Gilham, Hall, Higbee, Hutson, Jump, Mason, Miller, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stewart of Ohio,Stewart of Rush, Taber, Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, and Mr. Speaker--28.
NAYS--Messrs. Admire, Coffroth, Logan, and Palmer--4.
Mr. COFFROTH (when Mr. Bates' name was called without any response) rose to this question--whether or not this House has official information that Mr. Bates has ceased to be a member of the General Assembly? and if so, he submitted the point whether the Clerk has the right to call his name, or that of any other man not a member of this House?
Mr. VATER demanded that all the names on the roll be called.
Mr. BARNETT called for the reading of the journal to determine the names of the members resigned.
The SPEAKER overruling the point, directed the clerk to proceed with the call.
Mr. DUNN, when his name was called, explained, and said: I vote aye, because, by the revolutionary acts of the Democratic minority in the House, further legislative enactments are rendered impossible--for myself, I am willing to remain here till the sixty-first day, and to the last hour of the sixty-first evening.
Mr. RUDDELL explaining. I vote aye upon this question, because I do not think I have any power--
Mr. COFFROTH interrupting. I rise to a point of order. The gentleman from Marion violates a decision of the Chair against the explanations where the question is undebateable--the Chair will hear no debate--
Mr. UNDERWOOD. If that is the case, I call the gentleman from Huntington to order.
Mr. RUDDELL continues. I vote aye, because I have no official power to vote anything else.
Mr. STEWART of Rush, when his name was called, rose to explain. But--
Mr. COFFROTH resisted his right, by pressing the same point of order.
Mr. WILDMAN rose to explain his vote.
Mr. COFFROTH again interposed the point of order.
Mr. WILDMAN (with emphasis.) I call the gentleman from Huntington to order. He has done more talking than all of us. I insist that I have a right to explain my vote.
The SPEAKER. The Chair decides that we are under a motion that excludes debate as effectually as the previous question.
Mr. WILDMAN still held the floor to say: I vote aye, because by the revolutionary action of the minority, we are unable to do any legislative act.
The SPEAKER stated the result of the vote as above, and pronounced the House adjourned.
Mr. CHITTENDEN. I would like to vote on that question.
And then--
The House adjourned, till to-morrow nine o'clock a. m.
