HOUSE OF REPRESENTATIVES.
MONDAY, February 6, 1871.The House met at 9 o'clock A. M.
On the motion of Mr. MARTIN, of Putnam, in the temporary absence of the Speaker, Mr. Neff was called to the chair.
The order of prayer by Elder Jameson.
The SPEAKER pro tempore directed the Clerk to read the journal of Saturday.
Mr. WILSON was understood to say that the reading of the journal could not be now in order, under the presumption that there is no quorum present. He moved a call of the House to determine the fact that there was no quorum present, and stated that thereupon it would be the duty of the Speaker to adjourn the House.
Mr. ZENOR preferred a recess till two o'clock.
Mr. BIGGS rose to a question of privilege. It is stated in the JOURNAL'S report of the proceedings of Saturday that the question was taken by yeas and nays on the motion for indefinite postponement of the Senate joint resolution No. 7; and that record shows the Democratic members in fever of the postponement and the Republican members opposed to it. Now, I do not know how my Democratic friends may feel upon finding themselves placed in that attitude. As for myself I must say that I would prefer to be recorded on the other side. The motion upon which that vote was taken was that of the gentleman from Brown (Mr. Browning) to refer the resolution to the Committee on Federal Relations.
The SPEAKER pro tem, directed the clerk to call the roll; and stated that the roll call shows no quorum present.
Mr. STONE understood that there is a motion to adjourn till to-morrow.
Mr. WILSON (interposing). The House page: 230[View Page 230] should be now adjourned. It is adjourned already, by the fact of no quorum.
Mr. STONE, continuing, preferred an informal recess till 2 o'clock, and so far as the journal is concerned,it might be made to show the House in session till ten o'clock, when we would probably have a quorum.
Mr. WILSON. Let us keep to the rules, and not set aside atl parliamentary principles.
Mr. ZENOR was understood to prefer the recess until two o'clock.
Mr. CUNNINGHAM was in agreement with the gentleman from Marion. He showed from the rule, which he read, something of the tediousness of the formalities in which the House would be involved under the proceedings in a call of the House.
The SPEAKER pro tem. The Chair understands from the gentleman from Randolph [Mr. Stone] that by common consent we might remain together, and that by half past ten o'clock there would be a quorum.
Mr. BIGGS. I would prefer to close the doors and send for the absentees. No member has a right to be absent without leave. For if he have that right, legislation might be blocked in this manner during the entire session.
Mr. ZENOR, hoped the motion to adjourn would not be insisted upon.
Mr. WHITE was in favor of enforcing the rules against the absentees.
Mr. WILSON. I must insist upon it that my motion be put. The Speaker has nothing to do but to adjourn the body whenever it is ascertained there is no quorum.
Mr. BROWNING. I do think I can beg the gentleman from Marion out of that. Two years ago, when there was a Republican majority here, they did adjourn--take a recess--wtihout a quorum on several occasions. We will certainly have a quorum to-day, and I think it best, by all means, to take a recess until two o'clock.
Mr. MARTIN of Putnam, According to any strict construction of parliamentary law, I suppose that less than a quorum has no right even to take a recess. My plan was that we should not have had any call of the House this morning, and then a quorum could have been presumed, and we could have taken a recess. But if in the early part of the session there was a resolution adopted making it an order to adjourn till two o'clock as well as nine o'clock, (as some gentleman around me say there was) then we might now take a recess. But it was my understanding that that resolution fixed the adjournment until nine o'clock A. M. I would like to have the journals examined as to that.
Mr. WILSON again demanded the adjournment, and called the attention of the House to the rules, and read the rules which require it. He complained of the absence of members who desired to adjourn over Saturday till 2 o'clock, and stated that there were others who are present to-day and who desired to adjourn over because they foresaw this result. There is only one way to do business, and that is the right way. We should keep ourselves within the pale of right, or throw rules aside altogether.
Mr. ZENOR suggested that we have precedents for authority to take a recess.
Mr. BUTTERWORTH. If there is no precedent we can make one.
The SPEAKER pro tem. From the disposition manifested the Chair perhaps can not do better than to put the motion to adjourn.
The question was put and the negative voices prevailed.
Mr. WILSON. Mr. Speaker, to whom can you put the motion to adjourn ? We have no House.
Mr. BIGGS. I renew my motion that the doors be closed and the absentees sent for.
Mr. WILSON. Mr. Speaker, is it possible that the House will put itself under that motion ? If you once put yourself under a call of the House there is no power on earth that can take you out, till you determine a quorum.
Mr. BIGGS. That is just what I want.
Mr. BROWNING. Then that may keep us here until to-morrow morning.
The SPEAKER pro tem. Gentleman, I see that there is no disposition to do business. There is no quorum present, and I shall adjourn the House.
So at 9:30 o'clock the House was adjourned under the rules till to-morow morning at 9 o'clock.
