The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-01-12
laid on the table, Yesterday, be now taken up.

-
The motion was adopted. - go !
The resolution being under consideration
Mr.. Rolette moved that it be indefinitely
81 Is
Mr.. Hanson remarked that when the reso-
luton was first offered, he had moved the reso-
luton by which it was laid on the table for
the purpose of giving time for reflection upon
it, and with the view that no hasty action
might take place. The Statute, he thought.
had no reference to the Legislature, and there
was broad distinction between a legislative
and civil Office, and he quoted from Websters
Dictionary to prove that it was so. The ~
section of article I'd of the Constitution of the
United States has been construed not to ex-
tend to members of Congress-, because
membership in Congress is a legislative and
not civil Office. He further quoted from
Bouvier's Law Dictionary, volume l. page
PSI, and also Sergeant on Constitutional Law,
page 81. The latter authority showed that
the Senate had decided that a Senator was not
civil officer. He could not see how the an
alogy between Congress and this Legislature
could be destroyed, and he was in favor of the
enforcement of the rule of common law, that
similar statues should me with similar con-
struction. Justice demands it, the law inter
cedes for it, and he thought it but right to
abide by precedents. Being so he was in ia
vor of the indefinite postponement of the reso-
luton before the House. - so [tt.
Mr.. Sibley remarked that he was unexpect-
eddy called upon to defend the action of those
with whom he had acted in this matter. He
did not expect that the resolution, having been
tabled, would be so suddenly taken up, and he
was not, like his colleague, prepared with au-
thorities to justify the position he had taken.
hn <hn,,n >,>1 c>o<
distinction between the office ofmember of Con-
gress and of this Legislature, and the mode of
reasoning adopted by his colleague did not ap-
ply to the matter in hand. If time was given,
he could show that it was the intention of the
preclude the Sheriff from holding any other
office, either by election or appointment. He
discaimed all personal feeling in the matter,
although he had heen charged with it. What
he had done, was done without consultation
the matter at an earlier period, to the notice
of the House, but for the fact of his occupy
ing the place of temporary Speaker. He
would have acted in the same manner toward
any personal friend under the same circum-
stances. If the construction given to the law
by his colleague was right, good and valid,
there could be no objection to giving the
whole question full and free discussion, and
give time for him and others to seek out and
present the authorities bearing upon the case
He did not think it right, nor was it courteous
towards the minority of the House so to press
the question. He had no doubt that if it was
put now, and under spur, the resolution would
be indefinitely postponed, but he did not think
the proceeding proper one.
The OUpStiOn beinU called for tho vaac and
nays were demanded.
The roll having been called, the vote stood:
YEAs-DiXOn, Grant, Hanson, REGISTER,
Rolette, Stinchfield, Thompson, Willim, Mr..
Speaker-9.
NAYs--Andros, Beatty, Brawley, Cave, Da-
Wis, Haus, Lcmay, Sibley-S.
Mr.. Dixon moved that each member be al
lowed $50 worth of stationery for the use of
his desk. Which was adopted.
MIR. Willim moved that the Chief Clerk be
directed to inform the Council that the House
Committee is now ready to act with similar
committee of the Council to wait upon the
Governor and inform him that the Legislature
is prepared to receive any communication he
may have to make. Also that the messenger
be directed to prepare seats within the bar. of
the House for the accommodation of members
of the Council during the delivery of the mes
sage.
Mr.. Dixon, from the committee appointed
to wait on the Rev. Mr. Hodsdon, and inform
him of his election as Chaplain of the House
reported that they had performed that duty.
A message from the Council by the Chief
Clerk, informed the House that the Council
had appointed Messrs. Kittsoh and Van Et-
ten committee to wait On the Governor, in
conjunction with the committee appointed by
the House.
Mr.. Thompson gave notice of intention to
introduce bill relating to certain records of
the counties of Fillmore and Winona.
Mr.. Dixon from the joint committee to wait
on the Governor, reported that that duty had
been performed.
On motion of Mr.. Rolette, the House ad-
journed.
f,-x t,oD