HOUSE OF REPRESENTATIVES.
SATURDAY, February 4, 1871.The House met at 9 o'clock a. m. Prayer by the Rev. Mr. Smith.
Mr. GORDON of Boone, asked and obtained leave of absence for the day.
The SPEAKER. In the regular order of business to-day we shall have a good-deal to do which can be done without a quorum.
Mr. SABIN. What business can the House do without a quorum? I understand it can not do anything but to adjourn.
The SPEAKER. Well, but some things may be done while we do not know but we have a quorum.
Mr. NEFF. The presumption is that we have a quorum.
The SPEAKER directed that the journal of yesterday be read; and it was read by the clerk, according to order--till
On motion of Mr. HILL its further reading was dispensed with.
THE CALENDAR.
The SPEAKER announced the consideration of bills from the Senate on the first reading.
Mr. NEFF Mr. Speaker, I would like to know if it was not in order to call for reports from Committees this morning.
The SPEAKER The first thing in order is bills from the Senate. We have a regular order of business to go through with. We will get back with the order for reports from committees after awhile. We have first the reading of the journal; secondly, business pending at the time of adjournment yesterday, etc., but we have a question here with some as to whether we should go through with the entire order, and thereupon tho Chair would like to hear the opinion of gentlemen.
Mr WILSON. We go through the order of business unless there is a sunpension of the rules to take up somethihg else or something else be dono by unanimous consent.
Mr. SABIN. We have always been accustomed here to have a morning hour, in which petitions and memorials may be presented. Then we come to the regular or special order of business.
Mr. WILSON read from rule 52 as follows: "As soon as the journal is read and the unfinished business in which the House was engaged at the last preceding adjournment has been disposed of, reports from Committees shall be called for," &c. Now, if we have unfinished business at the time of the adjournment yesterday on the table, that will have to be first disposed of. Beyond that, the order of business can only be stir pended by a two-thirds vote, or by unanimous consent. If the House sees proper not to take up the unfinished business, we may take up any other business, but it must be by a suspension of the rules.
The SPEAKER. The Chair would like to have this matter settled definitely.
Mr. WILSON. I do not think Mr. Speaker, we have been acting strictly according to the order of business as laid down in the rules; but still, as we have been getting along smoothly, I do not think it best to interrupt the order of business by questions of order. But common sense as well as the ordinary parlimentary law, show that the House can do anything by unanimous consent.
The SPEAKER. The question is, what will come naturally in order?
Mr. MILES suggested the opinion that reports from committees would be in order.
The SPEAKER then announced the order of the consideration of bills from the Senate on the first reading.
THE BRIBERY BILL.
The engrossed bill [S. 21] for an act to amend section 34 of the act to amend section 39 of the act to define felonies, and prescribing punishment therefor, approved June 10, 1852, (commonly called "the bribery bill,") was read the first time by the clerk.
On motion of Mr. CAUTHORN it was referred to the Committee on the Judiciary.
TWENTY-EIGHTH JUDICIAL CIRCUIT.
The engrossed bill [S. 23] for an act to fix the times of holding circuit court in the 28th circuit, [the circuit embraces the counties of Johnson, Shelby, Brown and Bartholo- page: 219[View Page 219] mew] having been read the first time by the clerk.
Mr. LINES. I move that the bill be referred to the Committee on the Organization of Courts.
Mr. BROWNING, We have some amendments to propose to that bill.
The SPEAKER. It is perhaps desirable that it should be referred to a special committee of one from each of the counties interested.
Mr. BROWNING. I make that motion.
The motion was agreed to, and subsequently the Speaker announced the special committee to consider the bill, namely: Messrs. Browning, Mitchell, Major, Curtis, Abbett and Tarlton.
THE DIVORCE LAW.
The engrossed bill [S. 8] for an act to amend sections 6, 7 and 11 of the act regulating the granting of divorces, nullification of marriage contracts, and the orders and decrees of Court incident thereto, approved May 13,1852, and repealing all laws conflicting with this act, was read the first time.
It proposes, for the sixth section of said act:
"Divorces may be decreed by the Circuit and Common Pleas Courts of this State on petition filed by any person who, at the times of the filing of such petition, and for one year previous, shall have been a bona fide resident of the State and of the county where such petition is filed, but if the act complained of was committed while such parties were non-residents of this State and the act was committed in another State, such residence shall be for two years previous to the filling of such petition; which bona fide residence shall be duly proven by such petition to the satisfaction of the Court trying the cause. Provided no divorce shall be granted for any act committed while the parties were not residents of the State of Indiana, unless such act was also a good cause for divorce by the laws of the State where the same was committed."
For the seventh section:
"Divorces shall be decreed upon the application of the injured party only, for the following causes: First, adultery, except as hereinafter stated; second, impotency; third, abandonment for one year: fourth, cruel and inhuman treatment; fifth, habitual drunkenness of either party, or the failure of the husband to make reasonable provisions for his family; sixth, the conviction subsequent to the marriage, in any country, of either party of an infamous crime; provided, that no divorce shall be decreed except for the first and sixth cause above enumerated until after the expiration of three years from the date of the marriage of the parties."
For the eleventh section:
"If it shall appear by the affidavit of a disinterested person that the defendant has once been a resident of this State, but has become a non-resident, and by the affidavit of the petitioner, that the defendant's place of residence is unknown to such petitioner, the clerk, on the filing of said affidavit with the petition, shall give notice of the pendency of such petition by publication for three successive weeks in some weekly newspaper of general circulation, printed and published in such county; or if there be no such paper, then in the one printed and published in this State nearest to the county seat of such county, the last of which publication shall not be less than thirty days prior to the first day of the term of the court in which such petition is filed; and in all other cases the defendant shall be personally served with summons; and no divorce shall be granted without personal service, if it should be disclosed on trial that the defendant's place of residence was known to the plaintiff at the time of the filing of the petition, or had since become known."
On motion, by Mr. BIGGS, the bill was referred to the Committee on the Judiciary.
TWELFTH JUDICIAL CIRCUIT.
The engrossed bill [S. 145], for an act fixing the time of holding Courts in the Twelfth Judicial Circuit. [The circuit embraces the counties of White, Newton, Jasper, Benton, and Tippecanoe. The term in the latter county to continue as long as the business may require,] being read the first time by the Clerk--
On the motion of reference--
The SPEAKER. It will be referred to a Special Committee of one from each of the counties in the district: Messrs. Davidson, Wimer, and Washburn.
EIGHTH JUDICIAL CIRCUIT.
The engrossed bill [S. 136], for an to fix the times of holding Circuit Court in the Eighth Judicial Circuit, [The circuit embraces the counties of Fountain, Montgomery, Boone, Clinton, and Warren,] having been read the first time by the Clerk.
On the motion for reference
The SPEAKER. This bill will also be referred to a special committee of one from each of the counties interested, and I will be obliged to the gentleman from Clinton to suggest them.
The committee was announced, namely: Messrs. Caldwell, Rhodes, Copner, Canningham, Duvol and Gordon, of Boone.
HYDRAULIC COMPANY CONSOLIDATION.
The engrossed bill [S. 163] for an act to authorize the consolidation of hydraulic companies, was read the first time by the clerk
On the motion to refer the bill to the Committee on Corporations--
Mr. GOBLE said it is merely a local matter having reference to the hydraulic consolidation in the White water valley.
It was referred to the Committee on Corporations.
THE SO-CALLED FIFTEENTH AMENDMENT.
The joint resolution [S. 7] concerning the so-called 15th amendment to the Constitution of the United States, and its pretended ratification, and proposing a convention of the States to amend the Constitution of the page: 220[View Page 220] United States (heretofore printed in these reports) was read through by the clerk.
Mr. TAYLOR. Mr. Speaker, I move that these resolutions be indefinitely postponed.
Mr. BROWNING. Mr. Speaker, I move that they be referred to the Committee on Federal Relations.
Mr. McDONALD. I second the motion of the gentleman from Brown, [Mr. Browning.]
VOICE--"That's it."
Mr. WILSON. Mr. Speaker, that motion cannot be made to take precedence of the privileged motion to indefinitely postpone.
VOICES--"That's so."
Mr. McDONALD. We will settle that question.
Mr. WILSON. That is what we want.
The SPEAKER. The question is on the motion to indefinitely postpone the resolution.
Mr. COX. Mr. Speaker, I demand a call of the House.
The SPEAKER. The question is on the motion, to indefinitely postpone.
VOICES--"No," "yes."
Mr. HAWLEY. Mr. Speaker, I understand the other question has precedence under the rule.
VOICES--"That's right;" "no, no."
Mr. McDONALD. Mr. Speaker, I claim that a motion to refer to a standing committee has precedence over a motion to indefinitely postpone.
VOICES--"That's it;" "no, no."
The SPEAKER. We will see what the rule says.
The rule reads as follows: "When a question is under debate no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit, or amend, to postpone indefinitely, which several motions shall have precedence in the order in which they are arranged."
Mr. BROWNING. Then the motion to commit the resolution to the Commttee on Federal Relations has the precedence.
The SPEAKER. I am inclined to think that the point made by the gentleman from Whitley is right. The question is on the motion to commit to the Committee on Federal Relations.
Mr WILSON and others. "Yeas and nays, Mr. Speaker," "yeas and nays," "ayes and noes."
The SPEAKER. The Clerk will call the roll.
Mr. WILSON. Mr. Speaker: I move the previous question, on the motion to commit, then we will get at the motion to indefinitely postpone.
The SPEAKER. As many as are of the opinion that the demand for the previous question shall be seconded say "aye;" as many as are of the contrary opinion say "no." The previous question is seconded.
The clerk will call the roll on the motion to refer the resolutions to the Committee on Federal Relations.
The yeas and nays being taken, resulted as follows:
YEAS--Messrs Abbett, Britton, Browning, Bruner, Caldwell, Cauthorn, Copner, Cox, Cunningham, Devol, Donham, Galletine, Gentry, Goble Gordon of Cass Haynes, Henderson, Hynes, McDonald, McGowan, Minnick. Miles, Mitchell, Montgomery, Oakley, Shutt, Stanley, Tarlton, Zenor, and Mr. Speaker--30.
NAYS--Messrs Beeler, Biggs, Butterworth, Calkins of Fulton, Defrees, Deputy, Heilman, Hill, Hooker, Kennedy, King, Kirkpatrick, Knight, Lines, Major, Martin of Putnam, Netherton, Sabin, Sayers, Snodgrass, Stephenson, Stone, Strickland, Taylor, Washburn, White, Wilson, Wood, Woodward and Wymer--30.
When the Clerk came to the name of Mr. Neff there was no response, and thereupon--
Mr. WILSON said: Mr. Speaker, the gentleman from Putnam (Mr. Neff) is in the Hall, and I desire that his name be called again. He was in the House when his name was called. If he wants to go to Congress he must vote right here. [Laughter.]
The roll call having been completed,
Mr. BROWNING said: Mr. Speaker, I ask that the absentees be called.
Mr. WILSON. I ask if the Senator from Randolph is recorded as voting?
A voice--"Yes, sir."
Mr. BROWNING. Mr. Speaker, I move that the doors be closed end the absentees be sent for.
Mr. WILSON. I ask if Mr. Neff's name is recorded ? He was in the Hall at the time his name was called. I think he has laid himself liable to the censure of the House.
The SPEAKER. The vote is lost for war of a quorum. The motion of the gentleman from Brown (Mr. Browning) is in order that the doors be closed and the absentees sent for. I announced from the chair yesterday that I hoped no member would attempt to force any matter through to day, which is considered an important matter, owing to the large number of gentlemen absent, but if it is insisted on getting a quorum, in order to act on important matters, we will go through with it.
Mr. WILSON. Mr. Speaker, nothing is in order except the sending for absentees. The doors should be closed, and the Doorkeeper see to it that the doors be closed, and the absentees reported to the bar of the House.
Mr. McDONALD. Mr. Speaker, I desire nothing unfair in this matter. As far as I am concerned, I believe in going on the way we have been. I am opposed to putting any important matter through in the absence of one party; but I never shirk. In all then matters I propose--
Mr. CAUTHORN. Mr. Speaker, I rise to a point of order.
Mr. SPEAKER. The motion of the gentleman from Brown is in order,that the doors be closed and the Doorkeeper be instructed to bring in the absentees.
Mr. WILSON. As far as I have heard an expression by the minority here, this proceeding was brought upon us unawares, and we had to act as our consiences dictated.
Mr. SPEAKER. I suppose every gentleman who has a bill which he desires to pan will act on the dictates of his conscience.
Mr. McDONALD. I had no understand- page: 221[View Page 221] ing that this matter was to be brought up. I understand that it comes up in its regular order.
The SPEAKER. The gentleman is not in order, Let the absentees be sent for.
Mr. MARTIN of Putnam. Mr. Speaker, I think it is not in order to send for absentees until there is a call of the House. The first proceeding is to move a call of the House, and after a call of the House is had, it will be in order for some member to move that the doors be closed, and the absentees sent for.
The SPEAKER. Anything that shows there is no quorum here, I suppose is sufficient to act upon. But as sometime has elapsed since the roll call, does the gentleman move a call of the House?
Mr. MARTIN. I do not.
Mr. DEFREES. Mr. Speaker, has the motion of the gentleman from Brown, [Mr. Browning] been carried?
The SPEAKER. Yes, sir. Mr. COX. Mr. Speaker, I move a call of the House.
Mr. MILES. Mr. Speaker, I see the gentleman from Putnam [Mr. Neff] here, I move that his name be called.
The SPEAKER. Too late.
Mr. BIGGS. Mr. Speaker, I would like to know the number present.
The SPEAKER. Sixty-one, I think.
Mr. BIGGS. There is no necessity for a call of the House then, I think.
Mr. COX, Mr. Speaker, It seems to me we have to have a regular call of the House if we are going to send for absentees.
The SPEAKER. A call of the House is in order at any time.
Mr. CAUTHORN. Mr. Speaker, I see gentlemen standing up all over the Hall; and if it is in order for members to be on their feet ill the time, I would like to see the chairs removed. Let us conduct ourselves as an organised body, and not as a mob. I am willing to take up any measure that comes up in order, and shall vote with the minority to take it up and pass it, and let those members who are not here be responsible. If the minority here want to postpone this resolution indefinitely, and have the votes to do so, let them do it, and these gentlemen going off without leave and neglecting their duty--let them take the consequences.
Mr. BROWNING. Mr. Speaker, I thought this morning--
The SPEAKER, (interrupting,) A call of the House is in order--the Clerk will proceed with the call.
The clerk commenced to execute this order but was interrupted by--
Mr. WILSON, who said: Mr. Speaker, I desire to enter my protest against this proceeding--it is not in order while the order is out to send for absentees, to make a call of the House.
The SPEAKER. Let the protest of the gentleman be entered--the clerk will proceed.
The call of the House was continued, and having been completed, discovered but 65 members present and answering to their names.
The Clerk reported that those present and answering to their names were:
Messrs. Abbett, Beeler. Biggs,Britton, Browning, Bruner, Butterworth, Caldwell, Calkins, of Fulton, Cauthorn, Copner, Cox, Cunningham, Defrees, Deputy, Devol, Donham, Galletine, Gentry, Goble, Gordon, of Cass Haynes, Heilman, Henderson. Hill, Hooker, Hynes, Kennedy, King, Kirkpatrick, Knight, Major, Martin of Putnam, McDonald, McGowan, Minich, Miles, Mitchell, Montgomery, Neff, Netherton, Oakley, Sabin, Sansberry, Sayers, Shutt, Snodgrass, Stanley, Stephenson, Stone, Strickland, Tarlton, Taughinbaugh, Taylor, Tebbs, Washburn, White, Wilson, Wood, Woodward, Wymer, Zenor and Mr. Speaker--65.
The SPEAKER. The call of the House shows that there is not a quorum present. I will state that the reason why I thought it proper to call the House, notwithstanding the absentees are ordered to be sent for, was that, if we had a quorum, we could proceed with business, and not be compelled to wait till the absentees come in.
Mr. ---------. I move that we dispense with a further call of the House.
Mr. BUTTERWORTH. Mr. Speaker, I wish to state, as an excuse for Mr. St. John, that he is attending the sick bed of a relative.
Mr. DEVOL. Mr. Speaker, I desire to ask leave of absence for Mr. Lines, who wants to go away on the cars, which leave in about fifteen minutes. He is called away on account of sickness.
The SPEAKER. The gentleman from Henry [Mr. Lines] has been regularly in his place, and ought to be excused.
VOICES. "Consent," "consent."
Mr. McDONALD. Mr. Speaker, I move that the names of those not excused be called.
Mr. WOOD. Mr. Speaker, Mr. Hartley was called away last night, about three o'clock, and he told me to report to the Speaker of the House that he could not attend. Sickness, or something about his family, called him away, and this accounts for his absence. And I understand that Mr. Shoenmann, of Laporte county, got a dispatch last evening that some of his family were sick, and he had to return home. That is the reason of his absence.
Mr. TEBBS. Mr. Speaker, I move to adjourn--
The SPEAKER, Mr. Rice, Mr. Ruddell, and Mr. Simpson seem to have no leave of absense.
Mr. BROWNING. Would they make a quorum?
The SPEAKER. I think there would be just a quorum here if these gentlemen were present.
Mr. BROWNING. I saw these gentlemen here with my own eyes, and the probability is that they left on purpose to dodge this question. A man is unfit to represent the people unless he is willing to face the music.
VOICES. "Good," "good;" "that's right."
Mr. CAUTHORN. Mr. Speaker, it was understood yesterday that no matter of any importance was to be pressed on the House page: 222[View Page 222] to-day. I don't complain about this resolution coming up. It was made the special order for to-day, and we ought to be here to meet it. [Voice.--"No it wasn't."] Whether it was or not, we ought to be prepared for it; and I am glad this matter is brought before the House. Perhaps some of us have been taken by surprise to-day. I would now notify gentlemen that the Senate yesterday has learned us something that there is such a thing as the previous question, and it should be applied in the House more than heretofore. ["Consent,"] There has been too much discussion here, and the House should be brought to a direct vote by the previous question hereafter. [A VOICE. That's what it's for.] And I shall not vote in the future to excuse any man from attendance here except on account of sickness.
Mr. MARTIN of Putnam. I would like for the gentleman from Knox to inform the House who forced this thing on the House? I, for one, am willing the matter should lie on the table, but I understand it came up in regular order and forced itself upon the consideration of the House.
VOICES--"That's right."
The SPEAKER. My understanding of the matter is that after Senate joint resolutions are read here they lie on the table and come up under the 4th or 5th order of business: "Messages from the Senate; bills or resolutions of the Senate on their first reading." But a motion to commit is in order at any time, and that was the motion put to the House and voted on.
Mr. STONE. Mr. Speaker, I understand that Mr. Ruddell left the city last night, and if we are to rely for a quorum on his being here we might as well adjourn at once. I would like the record to show who are absent without, leave.
Mr. McDONALD, I join in the request of the gentleman from Randolph, [Mr. Stone.]
Mr. WILSON. Mr. Speaker, I ask if the absentees have been sent for. It has got to be done over the signature of the Speaker, attested by the Clerk, and pat into the hands of the Doorkeeper.
The SPEAKER. That has not been done.
Mr. WILSON That is the order of the body, sir. I understood that motion to be made and agreed to by the House. It is the only way we can get the absentees in.
VOICES--"Bring them in." "Let's settle this question."
Mr. BROWNING. I will insist upon it--
The SPEAKER, (interrupting). Gentlemen need not insist upon it; it has been ordered by the House. Just be peaceable and we will have these men sent for; but I think it child's play, after we are informed that men are out of the city, for us to say that we will sit here till we get a quorum.
Mr. BROWNING. I was going to say that I'd insist on having the order carried out had I not learned that one or two of the gentlemen absent without leave are out of the city, but the chair took it out of my mouth. [Laughter.]
The SPEAKER. I beg pardon, sir.
Mr. TEBBS. Mr. Speaker, I insist on my motion to adjourn.
The SPEAKER. The gentleman from Dearborn, [Mr. Tebbs,] moves to adjourn. As many as are of opinion that the House do now adjourn says "aye, [after the affirmative vote was expressed,] as many as are of the contrary opinion say "no."
Mr. WILSON and others. "Yeas and nays, Mr. Speaker, "ayes and nays."
Mr. SPEAKER. Let the yeas and nays to called.
Mr. CAUTHORN. Mr. Speaker, I think it not in order to call the yeas and nays on a motion to adjourn. There is no quorum here and we can not make any record.
A voice. "Read the Constitution."
Mr. DEVOL. If there were but ten members present those ten members could adjourn from day to day, and take such steps as they saw fit, to compel the attendance of a quorum. We can adjourn till Monday morning and make any rule we see fit to bring in a quorum--there is no question about that.
Mr. SANSBERRY. Mr. Speaker, I make a question of order. I would like to know how that gentleman got into that part of the House. [Laughter.]
Mr. TEBBS. Mr. Speaker, I would inquire whether my motion to adjourn was not put to the House and carried?
VOICES.--"Yes," "yes."
The SPEAKER, I believe I put one side of it.
VOICES.--"We demanded the yeas and nays."
Mr. TEBBS. In requires ten to demand the yeas and nays on a motion to adjourn.
Mr. WILSON. Whenever the Speaker calls for them he will find ten calling for the yeas and nays.
Mr. CAUTHORN. Mr. Speaker, a gentleman has called my attention to the Constitution and I don't think it applies.
The SPEAKER. Read it.
Mr. CAUTHORN. Section 11 of Article IV. reads as follows: "Two-thirds of each house shall constitute a quorum to do business; but a smaller number may meet and adjourn from day to day and compel the attendance of members."
Mr. WISON. The point it: a smaller number may meet from day to day and adjourn; but there is an incident to the motion to adjourn. What is it? Why a call for the yeas and nays,and any ten members may demand them.
Mr. COX. But the call for the yeas and nays was not seconded by the requisite number before the question was put.
Mr. WILSON, I acknowledge that, but I can move for a call of the yeas and nays after the negative is taken and before the result of the vote is announced.
The SPEAKER. I am inclined to think that is a little too late.
Mr. CAUTHORN. Mr. Speaker, the yeas and nays can not be taken when there is no quorum present. All we can do without a quorum is to meet from day to day and adjourn. We can make no record. The yeas page: 223[View Page 223] and nays are a record and we can't make it.
Mr. MARTIN of Putnam. I would enquire of the gentleman from Knox [Mr. Cauthorn] if the House were to adjourn would not that be making a record? Upon any question before the House, whether there is a quorum or not, it is in order to call the yeas and nays.
Mr. CUNNINGHAM. Mr. Speaker, I would like to hear the decision of the chair on the motion already put.
The SPEAKER. I want to hear the gentleman on on this question of calling the yeas and nays when there is no quorum present.
Mr. ZENOR. Mr. Speaker, I want to say word, if the House will consent.
Mr. WILSON. Mr. Speaker, I rise to a question of order. A motion to adjourn is not debatable.
The SPEAKER. Those opposed to adjourning will say "no." The ayes have it. [Laughter and confusion ]
Mr. WILSON. Mr. Speaker, I rise to a point of order. Before that motion was put there was a demand for the yeas and nays.
The SPEAKER. The yeas and nays are not in order when there is no quorum.
Mr. WILSON. I appeal from the decision of the Chair.
The SPEAKER. The question is on the appeal.
VOICES--The House is adjourned, and it was so announced by the Speaker.
VOICES--"That's so." [Laughter.]
The SPEAKER. It is a question of order, gentlemen.
Mr. SABIN. I think we have no House to appeal to. [Laughter--"That's so."]
The SPEAKER. The point of order taken by the gentleman from Steuben (Mr. Sabin) is well taken. There is no quorum to appeal to; there is no House. (Renewed laughter and confusion.)
Mr. ABBETT. It is very apparent, I presume, to every gentleman that we all understand the principles of parliamentary law. I now move that we study that a little less, and self respect a little more. (Laughter and cries of "Consent," "consent.")
The SPEAKER. I do not understand that there is any special occasion for stating that. I don't think gentlemen are particularly out of the rules of self respect. [Merriment and continued laughter.]
A VOICE. Mr. Speaker, is the House adjourned?
The SPEAKER. If there is any question of order I will hear it, otherwise the House is adjourned till two o'clock Monday morning. ]Laughter and cheers.]
Mr. WILSON and others. Till two o'clock this afternoon, Mr. Speaker.
The SPEAKER. Two o'clock this afternoon, then. The House is adjourned till two o'clock this afternoon. [Laughter and confusion.]
And so came a recess till two-o'clock P. M.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at 2 o'clock p. m.
Mr. BIGGS. I rise to make an inquiry. It is this: Whether the adjournment this morning did not carry us over till to-morrow morning.
The SPEAKER. That is also a question in the estimation of the Chair.
Mr. BIGGS. In section 11, article 4 of the Constitution of the State we have this: "Two-thirds of each House shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members." Now it strikes me, that if, with less than a quorum, we can only adjourn from day today, we could only have adjourned till tomorrow morning at 9 o'clock.
VOICES. "That's Sunday."
Mr. BIGGS. Then till the next Legislative day; if it be Sunday--we might feel better on Sunday morning than we did this morning. It seems to me that is the true construction. We take a recess at noon till 2 o'clock in the afternoon--that is not properly an adjournment. It does not go beyond the day. By a resolution of the House (which does not amount to a standing rule,) it is provided that our regular order of meeting shall be at 9 o'clock in the morning, and at 2 o'clock in the afternoon, but the constitutional provision is a different thing from a mere order of the House; and that I claim requires that the adjournment by less than a quorum, shall be from day to day. But as I see one of the gentlemen who were absent this morning (Mr. Ruddell) present, perhaps he may have something to say.
Mr. MARTIN, of Putnam. I agree with the gentleman from Kosciuako. [Mr. Biggs.] The time to which the House adjourns is fixed by resolution merely; and I think the gentleman's construction of the Constitution is correct--that all we could do was to adjourn till Monday morning.
Mr. RUDDELL. Mr. Speaker, if there is a quorum present it seems to me--and there is no doubt of it in my mind--that we can do business this afternoon; and if in this I am sustained by the Chair, I shall move for a call of the House.
Mr. SABIN. Mr. Speaker, was there not a call of the House pending when we adjourned? There certainly was; and we can't get rid of that till we have a quorum.
The SPEAKER. If we have a rule which requires the House to adjourn till 2 o'clock in the afternoon, it would seem to the Chair that, with a quorum, we may do business.
Mr. MARTIN, of Putnam. I offered that resolution myself, and it says merely, that the daily meeting shall be at 9 o'clock A. M. until otherwise ordered. At the close of the morning session the proper motion is, not to adjourn, but that we take a recess till two o'clock.
Mr. STONE. We are not met under the rules of the House.
The SPEAKER. I am inclined to think that the adjournment carried us over till Monday morning.
page: 224[View Page 224]Mr. RUDDELL. Mr. Speaker--
Mr. McDONALD interrupting. I rise to a point of order. The gentleman from Marion (Mr. Ruddell) is under arrest, and can not have the floor but by permission of the House.
Mr. RUDDELL continuing. If I have been under arrest, I am also released. But I believe I have not been arrested. There have been no legal proceedings by which I could be arrested. I think, sir, that I am in order. I think that we may proceed under the call, determine a quorum and do business. It seems to me, notwithstanding the idea of the gentleman from Randolph (Mr. Stone) that we are under the rules of the House.
The SPEAKER. The chair is of the opinion that the adjournment carries the House over till Monday morning 9 o'clock. I therefore hold that the House was adjourned.
So the adjournment of the House this morning was determined to be Till Monday morning 9 o'clock.
