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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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IN SENATE.

FRIDAY, January 7, 1881-10 a m.

The President pro tem appointed Pages to-wit: Harry Bowser, George Price, Ralph J. Pendleton and Harry Richardson.

Mr. Bell offered the following:

Whereas, It is of great importance that a speedy organization of the Senate be effected by the choice of offiers, therefore, in order that business may be at once proceeded with; and,

Whereas, There have been numerous votes taken which have all resulted in an equal division, and no choice has been made; and,

Whereas, Such delay in legislation is attended with an expense to the State of about$1,000 per day; therefore,

Resolved. That James H. Rice, the nominee of the Democratic caucus, be and he is hereby chosen Principal Secretary of the Senate; that Robert Sears, the nominee of the Republican caucus, be and he is hereby chosen Assistant Secretary of the Senate, and that Allen W. Monroe, also nominee of the Republican caucus, be and he is hereby chosen Doorkeeper of the Senate.

Which was rejected by--yeas, 25; nays, 25.

The fifth vote for Principal Secretary of the Senate resulted--for Mr. Rice, 25; for Mr. Wilson, 24: and for Mr. C. W. Brouse, 1 vote.

Mr. Brown said if there was anything in the Constitution which requires a majority of all the votes cast to elect an officer of the body he did not know of it. The Senate has expressed its choice by giving its highest number of votes to Mr. Rice, and unless there is a rule to the contrary, under all Parliamentary law Mr. Rice has been elected.

The President pro tem. over-ruled the point of order by expressing it as his opinion that in a select body, such as the Senate, it takes a majority to make the body. He would be glad if he were mistaken.

Mr. Bell raised the point of order that in point of fact there is no Senate, and read from the statutes of 1873 to sustain his position.

Mr. Langdon combatted this statement, insisting that the Senate is a continuous, and with its President pro tem., was now an organized body.

Mr. Menzies admitted that the Senate has a President pro tem. ready to perform such duties, and our duty now was to proceed to complete the organization of the body, until which time, under the act of 1873, it can perform no Legislative act.

Pending this discussion

The President pro tem. permitted the Auditor of State (General M. D. Manson) to declare that he had made but two appointments. On the day before the assembling of the Senate he had requested Mr. W. H. Drapier, a stenographer who has acted for several sessions as minute clerk of the Senate, to attend in the Senate and keep the minute of the proceedings of the body until its complete organization: and this morning he had deputized Mr. J. R. Hoagland, of Allen County, the Reading Clerk of the last session, to act in that capacity.

The President pro tem. stated that papers in the contested election case of Brownlee versus Henry the sitting Senator from the District composed of Grant and Madison Counties) had been placed in his hands, and he wold turn them over to the Auditor of State for safe keeping.

The seventh and eighth vote for Principal Secretary of the Senate resulted as the sixth vote reported above.

And then came a recess till 2 o'clock.

AFTERNOON SESSION.

Mr. Brown offered the following:

Resolved, That the Senate proceed to choose its officers by a viva voce vote, and that the persons receiving the highest number of votes for an office shall be deemed chose to such office, and be entitled to hold the same.

It was rejected-yeas, 25; nays, 25.

A message was received from the House of Representatives announcing the organization of that body, and also the passage by that House of a resolution providing for the opening and publishing of the returns of the October election for Governor and Lieutenant Governor, in the Hall of the House, on Saturday, January 8, 1881, at 2o'clock p. m.

Mr. Chapman offered the following:

Resolved, That in order to expedite the further business, the following named persons be appointed to the respective offices named: Oliver M. Wilson, the nominee of the Republican caucus, Secretary of the Senate; Robert B. Sears, reported

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to have been a nominee of the Democratic caucus. Assistant Secretary, and A. W. Monroe, reported to have been a nominee of the Democratic caucus, Doorkeeper.

Mr. Brown stated that the names of neither of the gentlemen referred to in the resolution, as reported to be the nominees of the Democratic caucus, was considered by the said caucus-they are not of our flock-they dwell with those on the other side of the Chamber.

The resolution was rejected-yeas, 25; nays, 25.

Mr. Voyles offered the following:

Resolved, That James H. Rice, of the County of Floyd, is hereby elected as Secretary of the Senate; that Robert Sears, of the County of Vermillion, is elected as Assistant Secretary of the Senate, and that L. D. Adkinson, of the County of Miami, is elected as Doorkeeper of the Senate.

It was rejected-yeas, 25; nays, 25.

Mr. Foster offered the following:

Whereas, It has been fully demonstrated by repeated ballots that there exists a dead-lock in this House, and that no business can be done until this obstacle, which is proving a great waste of the people's money, and valuable time which ought to be devoted to important legislation be removed: therefore, be it

Resolved, That the President appoint a committee of six-three Democrats and three Republicans to confer together and devise, if possible, a compromise that will effect a speedy organization of the Senate.

It was rejected--yeas, 25; nays, 25.

Mr. Chapman moved that the Senate proceed to vote for Principal Secretary of the Senate.

The motion was agreed to.

The ninth vote resulted the same as the three last.

Mr. Chapman offered a concurrent resolution for the appointment of a Joint Committee of the two Houses, to make arrangements for the inauguration of the Governor and Lieutenant Governor-elect.

Mr. Bell raised the point of order that there is no business in order which does not tend to forward the completion of the organization of the Senate.

This gave rise to considerable discussion, participated in by Messrs. Chapman, Bell, Grubbs and Brown.

The President pro tem. overruled the point of order. In the opinion of the Chair, this body is unquestionably a Senate. If not a Senate, why does it vote for officers of the Senate? Being a Senate, it is its duty to take any steps it thinks proper to regulate the counting of the votes cast for Governor and Lieutenant Governor . To be sure to make preparations for the inauguration of the Governor is not one of the duties of the Senate, but it is competent and very proper that such steps should be taken.

The resolution was adopted.

The President pro tem. makes said Committee on the part of the Senate to consist of Messrs. Chapman, Menzles and Grubbs.

Mr. Woods offered the following:

Resolved, That the Senate proceed to elect a Principal Secretary, who shall be a Democrat, and elect Mr. Sears, the Republican nominee, as Assistant Secretary, and elect a Republican as a Doorkeeper, which are to be designated by the respective parties.

The resolution was rejected--yes, 24; nays,26.

A ten vote for Principal Secretary of the Senate was taken, resulting as the four last.

Mr. Woods moved that the Senate proceed to the election of Doorkeeper.

On motion by Mr. Menzies, this motion was laid on the table.

The eleventh and twelfth votes for Principal Secretary resulted as the five last.

Mr. Menzies offered a resolution, that Charles W. Brouse be the Principal Secretary of the Senate.

It was rejected by yeas, 23: nays, 27.

Mr. Comstock offered a resolution for a Conmmittee of the two Houses to wait upon Governor Gray.

It was rejected by yeas, 25; nays, 25.

Mr. Menzies offered a resolution that Charles W. Brouse be and is hereby chosen Principal Secretary of the Senate.

It was rejected by yeas, 24; nays, 26.

At 5:50 o'clock came an adjournment till 10 o' clock to-morrow.

HOUSE OF REPRESENTATIVES.

FRIDAY, January 7, 1881-10 a. m.

The session was opened with prayer by Rev. Halleck Floyd, member from Wayne County.

The Speaker ordered the reading of yesterday's Journal, which was corrected and approved.

Mr. Meredith offered a resolution that the record be so amended as to show Dr. Hazlewood entitled to a seat instead of Mr. Hammond, who was recognized and sworn in as the member from Crawford and Orange Counties.

Mr. Cauthorne raised the point of order that, as the journal had been adopted, it was not proper to amend without first reconsidering the motion by which it was adopted.

The Speaker sustained the point of order.

A motion was adopted to reconsider the vote by which the journal was approved.

Mr. Meredith again offered a resolution giving Mr. Hazelwood a seat in the House.

Mr. Edwins moved to lay the resolution on the table, which motion was not agreed to.

Mr. Meredith demanded the previous question, which was seconded, and under its operations the resolution was adopted.

Mr. Carter offered a resolution, which was adopted, that a Committee of three be appointed from the House, to at with a like Committee on the part of the Senate, in making arrangements for the inauguration of the Governor-elect (Hon. Albert G. Porter) and the Lieutenant Governor-elect (Hon. Thomas Hanna.)

The Committee was made to consist of the Speaker and Messrs. Carter and Cauthorne.

The House adjourned till 2 o'clock.

AFTERNOON SESSION.

Mr. Neff offered a resolution, which was adopted, directing the State Librarian to furnish each member a copy of the Statutes, to be returned at the close of the session.

Mr. Fancher offered a resolution, which was adopted, authorizing the appointment of a Committee of three to ascertain and report to the House where the most convenient Committee Rooms can be obtained.

Mr. Fancher introduced a bill [H. R. 1] appropriating $125,000 for defraying the expenses of this session of the General Assembly and other matters connected therewith, which was read the first time.

A motion to suspend the Constitutional restriction, requiring bills to be read on three several days, and to put the bill upon its passage, was adopted by yeas, 74; nays, 21; and the bill finally passed the House of Representatives by yeas, 80; nays, 18.

Mr. Edwins offered a resolution, which was adopted, directing the Committee on Inauguration to distribute cards of invitation, twenty-five to the Speaker, five to each member and five to the representatives of each paper.

Mr. Fail offered a resolution, which was adopted, that in the appointment of employes of the House, precedence be given to ex-soldiers who had been wounded in their country's service.

The House then adjourned to meet at 10 o'clock to-morrow morning.

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