PRESIDENT PRO TEM.
Mr. Chapman rose to a point of order, viz: that no person under the constitutional provision in Art. V, section 11, can preside over the deliberations of the Senate, except such a member as shall be elected for the occasion - each and every occasion - when the Lieutenant Governor shall be absent. He contended that the proceedings of this body would be illegal unless the express terms of the constitution be complied with in this particular.
Mr. Dwiggins considered the word "occasion " in the section referred to means that the member elected shall serve thereafter during the session - on every occasion - whenever the Lieutenant Governor shall pbe absent. We having a precedent long established, he thought it unnecessary to discuss the question.
Mr. Williams challenged the Senator to point out a case where a President pro tem. has held during the session when there was an acting Lieutenant Governor. Having himself been a member of the Senate for twelve years he knew it was the custom to elect a President pro tem. for every occasion when the Lieutenant Governor was absent.
Mr. Glessner read the 11th section of Article V of the Constitution, and declared there was nothing therein to prevent the election of a President pro tem. to serve during the entire session whenever the Lieutenant Governor may be absent.
Mr. Scott called attention to section 10 of Article IV of the Constitution: "Each House, when assembled, shall choose its own officers, the President of the Senate excepted."
Mr. Chapman read from Cushing's Parliamentary law, page 124, chapter II, in which it is distinctly stated that the term of the President pro tem. expires with the return of the Lieutenant Governor to the chair.
Mr. Orr took a view similar to the one presented by Mr. Chapman.
The President, [Mr. Friedley of Lawrence in the chair], said: I owe it to myself to state that on the adjournment of the Senate, at noon, the Lieutenant Governor delivered to me his keys and said he supposed he would not be here this afternoon and probably not at all next week; and believing the occassion for which I was elected was his absence at any time during this session, I complied with his request, and called the Senate to order at two o'clock. But if there is any question on the subject I would not under any circumstances consent to occupy the chair. Therefore I ask leave of the Senate, if there is any question about this, to retire from the chair.
Mr. Williams had seen it frequently the case, that in the absence of the Lieutenant Governor some Senator was called to the Chair, but his term of service as Chairman always expired with the adjournment for the day.
Mr. Scott saw no prohibition against a proceeding of this kind, either in the Constitution or in the law of the State, and he thought it regular as long as the Senate recognizes the occupant of the Chair.
Mr. Orr considered that the sixth rule of the Senate settled this question.
Mr. Dwiggins asked leave to offer a resolution declaring the Hon George W. Friedley, President pro tem. of the Senate until the close of this session.
Objection being made -
Mr. Brown was clear that the proceedings had yesterday were regular. The Lieutenant Governor presides over this body in compliance with the twenty-first section of the fifth article of the Constitution. There is such a thing as electing a President of the Senate, and the contingency for such election arises as shown by the eleventh section of the same article. This officer exercises his functions whenever the Lieutenant Governor is acting as Governor, or whenever the Lieutenant Governor shall be unable to attend as President of the Senate. It clearly has reference to any time when the Lieutenant Governor is unable to attend to his duties in this character.
Mr. Beeson stated that when he was a member of this body in 1858, Hon. A. A. Hammond was Lieutenant Governor of Indiana, and in the first or second week he stated to the Senate that he was so afflicted that he couldn't possibly attend to his duties, and the Senate proceeded to elect Mr. John R. Cravens as President pro tem. and on every occasion when Mr. Hammond was absent Mr. Cravens acted in his stead.
Mr. Hough considered if that action was not consistent with the provision of the Constitution, it ought not to be a precedent for our action. The constitution requires that a certain thing shall be done on a certain occasion. Section 11 of Article 5 says, "Whenever the Lieutenant Governor shall act as Governor, or be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for the occasion." Now the Constitution requires that whenever the occasion occurs an election shall take place.
Mr. Smith [Mr. Brown having been called to the chair] raised the point of order that there was nothing before the Senate.
The Presiding Officer - I am going to make a rule now, and I trust some Senator will appeal from it. I decide that the election of the Hon. Senator from Lawrence (Mr. Friedley) is valid, and that he holds the office, and that in every absence of the Lieutenant Governor he is President of the Senate. He is a little delicate about the matter, but, in order to bring the matter before the Senate, I will decide that he is President of the Senate, and that he has the right to call any Senator to act in his stead as such, except when the Lieutenant Governor is here. If there is any doubt about the correctness of the decision, I will be glad to hear an appeal taken.
Mr. Orr - I want to know by what authority the gentleman gets up there and makes that decision? [Laughter.]
The Presiding Officer - The President of the Senate called me to the chair.
Mr. Hall - I respectfully submit that the present occupant of the chair does not fulfill the exactions made in Cushing's Parliamentary Law; the Speaker ought to be religious, honest, grave, wise and discreet. [Laughter.]
The Presiding Officer - I rule that out of order. [Renewed laughter.]
Mr. Chapman and Mr. Hall appealed from the decision of the Chair.
The decision of the Chair was decided to be the judgment of the Senate by yeas 29, nays 9, as follows:
Yeas - Messrs. Armstrong, Beardsley, Beeson, Boone, Bowman, Brown, Bunyan, Cave, Collett, Daggy, Daugherty, Dwiggins, Francisco, Friedley of Scott, Glessner, Gooding, Harney, Haworth, Howard, Hubbard, Miller, O'Brien, Oliver, Rhodes, Sarnighausen, Scott, Slater, Stroud, Taylor, and Thompson - 29.
Nays - Messrs. Carahan, Chapman, Gregg, Hall, Hough, Neff, Orr, Ringo, and Williams - 9.
Mr. Hall made an ineffectual motion - yeas 16, nays 20that when the Senate adjourn it be till Monday at two o'clock P. M.
