The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-01-10

ne Msvsr Csunly csss-rAs Pswers
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speaker.
An indirect attack was made In the House Of
Representatives, Moaday, by Mr.. Noaa,s,oo Mr..
HUI. Speaker pro ienpors. The object sought
Was to show that Mr.. Hru- In the capacity Of
presiding otBcer bad trsnerended his duty BY ad-
ministering without the authority of the HOUSE,
previously obtained. the oath Of Oiice 70 mem
Der who psesented proper CREDENTIALS, emitting
him to . seat in that body.
The net is that Mr.. HUI administered the
oath to two members, Mr.. GRAxr and Mr.. Co
VILE. They both presented themselves in ex-
sctly the same manner the evidence Of their
right TO seats wss precisely the same there
Vas no difference Whatever. in the law spplica-
Die TO the two cases, nor in the position Of the
presiding ol6er with reference to the two men.
The eonsiaasey of Mr.. Nouns enables him to
zee the swearing In Of NJ. GRANT 70 be oil right
and proper, With The administering an oath to
Mr.. CovIlI.r was II wrong. Mr.. NoRRIs urged
% the floor Of the House. that the seat belong
ing to Mower county was already occupied
when Mr.. Gowns appeared. Physically speak
ing that was true. A pair Of pants, with human
staalng, tnlled the chair which had been set
apart for the member from Mower but legally
speaking. the seat Was vscant--just as much so
Is II the aforesaid pair Of pants had never mi.
grated from the town where they had been
dooned, and where in all probability they viii
soon be do6d, BY the same violation Of law
and justice, the same House might, on the same
fourth instant, have admitted any man who
promised to vote right. TO the seat Of Mr..
GRASr. Would such admission have deprived
Mr.. GRAxr Of his seat Undoubtedly 80, under
the position assumed by Mr.. NosRls, and his
friends ard then, Mr.. GRASr. although pre-
senting the proper and lawful evidence Of bis
right to seat in the House, would have been
asked to stand back until his case had been ex-
amined, at the leisure Of the law-defying ma
jority.
A lar passed and perfected by the three CO
ordinate branches Of the law making power,
prescribes the manner in which members Of
the Legislature shall be voted for; similar idw
preseribes the manner Of returning the votes
. similar iaw prescribes who shall canvass those
votes, and issue the certificate Of the election to
the successful candidate; q similar LaT pre-
scribes that The chief clerk shall make cor
rect roll Of the members Of his House provided
with certiAcsts Of election properly Issued by
the officers therein designated. To guard
against all possible mistake in the organization
Of the House, Mr.. NoRsis, when the roll was
being made up, on the first day Of the session.
offered 4 resolution. which was carried without
dissent, that the names Of those only who held
certificates from the Register Of Deeds Of the
Senior county Of Representative District
the proper Officer under the statutes--should
be entered upon the roll Of members.
Under no circumstances has the House author
ity to infringe upon any OF the Statutes Of the
Territory. Under no circumstances has the
House the right or power to admit, in the first
instance, any person to participate in its pro-
ceedings unless be has the authority therefor
from the proper officer Under no circumstan-
ces can the House refuse to admit any Member
who comes armed with certificate from the pro
per officer The House has no authority to go
behind that certificate, or TO make any inquiries,
either "a to its legality, or the legality Of the
votes upon which il is based, until the question
ia properly brought before II by contestant.
In this case the House was nominally full when
Mr.. CovnLx applied for his eat. A Mr..
VAUGHN had been admitted as a representative
from the county Of Mower but on such evidence
Of election rs would not have authorized Coun-
~ Commissioner to take seat in the Board OF
his county and such, a. under our laws can be
recognized as valid evidence Of election to none
Other than precinct oa6ces. He might with
equal propriety have been admitted on his own
certificate 80 far as legality. and the authority
Of the HOUSE to admit him h concerned
Establish the precedent that any other than
The certificate prescribed BY Law Is valid evidence
NJ s,act;on mr. that n ouorum Of the House has
MOVIE, N give sents 10. and retain seats from,
-. H., ,,,....o am, ,she,, IA the right Of suf