THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE
IN SENATE.
SATURDAY, February 8, 1873 - 10 o'clock a.m.The President pro tem., Hon. Geo. W. Friedley took the Chair and directed a call of the Senate to ascertain if a quorum be present.
It was taken and but 21 Senators answered to their names.
Mr. Dwiggins resisted the order of the Chair claiming the presumption to be that on the meeting each morning a quorum is present.
Mr. Chapman and Mr. Williams combatted this proposition and sustained the ruling of the Chair.
Mr. Rhodes contended that on each day the order of business must be commenced and proceeded with as laid down in the rules.
The President pro tem. said: I think it was the duty of the presiding officer on taking the Chair this morning to direct a call of the Senate and believing that to be the duty of the Chair I stated I supposed that to be correct in the hearing of the Senate. I made that statement in order to afford Senators an opportunity if they thought it incorrect to interpose an objection, but no objection was interposed. The view of the Chair seemed to be the view taken by Senators present at that time and I therefore directed a call of the Senate. I believe that was all that could have been done under the circumstances. Before the adjournment yesterday we had a call of the Senate which demonstrated the fact that there was not a quorum present, and had we remained here from three o'clock till six it would not have been competent to do any business until that call was disposed of. Now the question is whether an adjournment will dispense with a call of the Senate? I am clearly of the opinion that it will not. I am clearly of the opinion that by an adjournment we do not dispense with a call of the Senate pending. The Chair thinks that we are compelled when we next come together to proceed with a call of the Senate, because pending a call of the Senate we can do no other business but send for absentees or adjourn.
Mr. Dwiggins had not intended to cast any reflection upon the presiding officer, but thought if nothing else could be done the question might be discussed. He insisted that if no quorum be present no motion can be entertained, but it is-the duty of the Chair to adjourn the body.
Mr. Chapman has heretofore contended that in the absence of a quorum no motion is in order. The rule and the Constitution is that when there is no quorum present and the Chair finds it out, it is the duty of the Chair to adjourn the Senate without any motion. He read from Cushing's Manual of Parliamentary Practice as follows :
"No business can regularly be entered upon until a quorum is present; nor can any business be regularly proceeded with when it appears that the members present are reduced below that number; consequently the presiding officer ought not to take the Chair until the proper number is ascertained to be present, and if, at any time in the course of the proceedings, notice is taken that a quorum is not present, and, upon the members being counted by the presiding officer, such appears to be the fact, the assembly must be immediately adjourned."
The President pro tem. I call attention to rule second of the Senate, for we are governed by these rules. It reads as follows:
"Nine Senators with the President, or ten in his absence, having chosen a President pro tem., shall be authorized to call a Senate, compell the attendance of absent Senators, make an order for their fine or censure and may adjourn."
Now we may adjourn on the motion of the Chair it seems to me, or on the motion of any member of the Senate. Our rule don't prescribe the manner by which we shall adjourn, or how that question shall be raised. There are just two things we are competent to do without a quorum, one is to send for absentees and deal with them afterwards; the other is to adjourn. We may do these with a less number than a quorum, but these are the only things we can do; and it don't seem to me to be material whether the Chair adjourns the Senate upon his own motion or upon the motion of some Senator.
Mr. Hubbard moved to adjourn.
The motion was agreed to, and the President declared the adjournment to be till 10 o'clock Monday morning.
The House of Representatives not in session.
