Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-02-22
MASSACHUSETTS, LEGISLATURE.

cEHAfE.-Sundry petitions we're presented and
referred.
Orders of notice were reported andadopted ON sew.
eral petitions.
MIR Giett, from the Judiciary Committee, report
ed bill TO establish the CITY of Lawrence.
The orders of the day were then taken up, and
the following matters passed to be engrossed.-BHls
to extend the act to incorporate the Plymouth Coun
~ Mutual Fire Insurance Co.; authorizing the Hat.
field Manufacturing Co. to make certain kinds of
machinery, and 10 increase its capital stock add-
tional TO act to incorporate the Maiden Canal Co.;
to incorporate the Arlington Savings Bank incor-
porate the Commercial Mutual Marine Insurance
CO.; concerning the manner in which certain towns
shall vote in the election of Delegates To the Com
venuon, &c.; concerning the election Of Delegates
to Convention to revise the Constitution.
On the last bill spirited debate ensued.
DEMONSTRATIONS &C., presented and referred.
OF Zacheriah Eddy ct al, for division OF the
town Of Middleboro'. or sundry parties against
peal of the liquor law.
The orders of the day were taken up at II
O'Clock.
The motion of Mr. Thompson of Boston, to REL con-
sider the vote whereby the House specially assigned
Tuesday next for the consideration of the bill re-
pealing the secret ballot law, was taken up,
Mr. Rowley (Whig) of Egremonl, Immediately
called for the preriouS question.
MIR Butler of Lowell, opposed the call, on the
ground that by pressing it, it would lead TO the
tire consumption OF day not usually regarded a
full legislative day, and as, in al probability, tend
ing TO encroach on sacred tie if not also, conduc-
ing TO irritate the somewhat unpleasant feelings al.
ready existing between gentlemen of different politi-
cal sentiments. During his brief remarks he was
called to order once by Mr. Russell (Whig) of Bos-
ton, and four times by Mr. Lord (Whig) Of Salem,
but the House suffered him to proceed.l
Mr. White Gree Dem.) Of Worcester, moved that
the House adjourn.
Mr. Bumpus (Whig) of Plympton, called for the
yeas and nays on this motion.
MIR Wilde (Dem.) Of Concord, moved reversal
of the call.
MIR Lord raised point of order that this motion
could not be made so long as another motion existed
undecided.
The Speaker made his decision to this effect.
The yeas and nays were ordered on the question
Of adjournment.
Mr. Wilde then renewed his motion.
MIR Lord iased another point of order that such
motion could not be made while another motion was
pending.
The Speaker ruled that when motion existed
upon which the yeas and nays had been ordered
motion to reverse the roll call was not in order
Mr.. Butler asked if this decision was not IN OPP
posi- ION to all the precious decisions and action Of
the Speaker.
Messrs Russell and Lord, in concert again
broke out in calls to order, on the ground that
the gentleman had no right to catechiSe the
Speaker.
Mr. Mason Dem of Amesbury, rose to call the
attention of the Speaker to a certain rule before
making an appeal from his decision, when
Mr. W1ggin (Whigi of Boston, called him to
order, as there could be no matter before the
House but an adjournment.
= tne Speaker decided the gentleman was in or
der, as he purposed an appeal.
Mr. Mason said that as the decision of the
Speaker in violation of the 18th rule, (Which
provides that on all questions and motions agltat
eUer, he shall take the sense of the House by
yeas and nays, provided one-ffth of the members
present shall so require) he must appeal from his
decision.
The Speaker took occasion to say that since
the occurrence of Thursday night, from reflection
and careful study, he was convinced the questisn
of reversal could not be entertained while another
question was undecided
Mr. Coggswell (Dem.) of Bedford asked achen
that motion could be made.
The Speaker said he would answer the question
and take care of the case, when it came before
him.
Mr. CoggsweT called for the yeas and nays on
the appeal, and they were ordered
Mr. White of Worcester, said if the House
could not settle the question of the manner of
the call of the roll, hedesired to know who could
No answer was vouchsafed by either Speaker or
member
The question Of appeal was then discussed at
length, by Messrs Morse of Lowell, Prince of Es-
son OF Boston, and Coggswen of Bedford.
The Speaker again took occasion, before the
question stated to remark he lG0S 02cdTe the
practice heretofore had been different from his
present ruling, on the matter of a reversal of the
roll-eall. But he could not find that any decision
had ever before been given on the point raised
He was convinced the former practice had been
wrong, though sorry to be obliged to take that
view. If he was wrong in his opinion, the House.
could set him right, and establish precedent for
future occasions. He further ruled that it was
not competent for member to move the yeas and
nays solely for the purpose of indefinitely pro-
tracing the business, and of such intent as the
organ of the House, he must be the recognized
judge, and must hold that all powers not given to
the House by the rules, were expressly reserved
to him.
Mr.. Robinson Gree Dem) of Lowell said as
there was some question of the propriety of the
Speakers taking part in the discussion, and as
there was an important precedent to be establish
ed, upon which reflection doubtless was wanted,
he would move adjournment.
The Speaker said that there was before the
House question of adjournment, upon which
mans motion was not in order.
MIR Robinson responded with an inquiry wheth-
er his motion did not come under the 10th rule
providing that when question was under debate,
motion to adjourn is privileged question.
No response followed, when Mr. Lewis of Lanes
boro', asked by what authority the CLERK was di-
rected to call the ROLL the 7th rule providing that
the ''Speaker" should take the sense Of the
House.
No response, and the Clerk proceeded, Cookbook
T. NJ with the call, question suslaing the de-
csion Of the Chair. The result was I4l to 1872 and
the Chair was sustained.
The question recurring on the adjournment, the
roll was again called, with the result of l25 yeas
l39 nays. So the House refused to adjourn.
Mr. White of Worcester, moved that the whole
subject be laid the table, and on this motion call
ed Tor the yeas and nays, which were ordered.
Mr. Pratt OF Lawrence noyed that the order OF the
roll be reversed.
The Speaker decided the motion out of order.
MIR Butler appealed from the decision, but the
Speaker would not entertain il.
Mr. Butler-When is a motion to reverse the roll
call in order!
The Speaker-rhe gentlemen must answer the
question for himself.
Mr. Morse (Free Dem) of Lowell, remarked that
as business had been transacted since the last de-
csion on similar motion, he would move 10 adj
joum.
The Speaker ruled the mutton out Of order, and
directed The Clerk to call the roll on the question OF
laying the reconsideration on the table, e O'Clock
The result was 126 veas 100 navs So Tho motnn