The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-12-19

Senate called to order, and
On motion of Mr.. RICHARDSON, ad-
journed.
HousE.-The House was called to order
by the Speaker
TRANSLATION OF THE MESSAGE.
Mr.. STARKEY, from the Joint Commit
tee to procure the translation of the Cover
nor's Message presented petition from A.
j. Ekman to have the Message translated
into the Swede Languish.
On motion of Mr.. FLADELAND, 500
copies were ordered printed in that language.
NOTICE OF BILLS.
BY Mr.. McGRORTY-A Bill to author
ize the Common Council of the City of st.
Paul to issue bonds for the completion of the
Robert Street Sewer.
BY Mr.. BUTTERS-A bill to straighten
the boundary line between LeSuer and Blue
Earth Counties.
Also, relative to the County seat of LIE
Sueur County.
By Mr.. ATKINSON-A bill relative to
County and Judicial Records.
Also, bill relative to the compilation of
the Statutes.
BILLS INTRODUCED.
By Mr. DOW-To create Forwarding
and Commission Merchants Lien.
Mr.. BIERCE-To establish the County of
Douglas.
BY Mr.. ATKINSON-To establish the
County Of Monongalia.
SENATOR BILL.
Under the order of unfinished business,
the question on final passage of the Senator
bill came up and received the following
vote
AYEs.-Messrs. Atkinson Bradley, Bray,
Buffers, Carpenter Crosby Crutenden, Cum
mings, Davern. Decow, Dow, Eames, Foster,
Frost Fladeland, Graham, Hawkins, KILLER,
Kingdom, LIE Blond, Locke, Masters Macken-
tire, McGrorty, Murphy, O'Neill, Otis, Pierce,
Poehler, Rauch, Rehfield, Rutan, Scofeld,
Starkey, Stevens, Tuttle, Vertress, Wilson,
Young and the Speaker, 40.
NAYs-Messrs. Bacon, Balcombe, Bartlett,
Bearce, Bevans, Burgess, Campbell, CHASE,
Chowen, Gibson, Grover, Hanson, Huxley,
Heyd, S. r. johnson, Smith johnson, Keith
Lenard. Lbbey, Lord, Lyle, Parker, Peck
ham, Petite, Powers, Randall Seely, Simp-
son, Sheetz, Tattersall, Tefft, 7. A. Thomp-
sen, Townsend, Walker Wakefield and Way,
81.
A party vote, with the exception of Mr..
Chase, who voted with the Republicans.
There were absent Messrs. Durham and
Gaskill Republicans, and Messrs. Talbert
and NJ. Thompson, Democrats, who have not
yet presented their credentials.
The SPEAKER decided the bill was pass
ed.
Mr. BALCOMBE said if that was the de-
cision of the Chair, he should be under the
necessity of taking an appeal. The Consti-
tuition which we had all sworn to support
declares that 10 bill shall become law un-
! less it shall have received majority Of all
tie members elected to the House. Now we
are supposed to know that the Constitution
declares that this body is composed of 80
members, hence that Al is majority Of that
number, and that nothing less than Al can be
a majority therefore the decision of the
Speaker is against the Constitution of the
State and the rules of the House. Any 9th
er suppositiOn would lead to an absurdty.-
Suppose, at the commencement of the session
but Is members of the House should appear
and present regular credentials, under the de-
cision that the Speaker has just made, thvse
% members could pass laws, because the
House would possess no legal knowledge that
any more members were elected to the
House, though the Constitution or the Stat
ute should fix that number at 100 or more.
Now this is an important question as matter
of precedent, whether direct and positive
provision of the Constitution can be violated
| or evaded in this manner. 1t was also inn
portant that the question should be decided
| right.
Messrs. DOW and STARKEY contend
ed that the decision was right. This House
possessed no knowledge that there were 80
members elected to the House but IS Gre
dentials had been presented.
Mr.. BALCOMBE, Gin his seat.) Then l
hope you'll not admit any more.
The question was taken and the decision
of the Chair sustained-ayes 80, noes IS.
Messrs. CHASE and STEVENS did not
vote
The bill was then fastened to the Senate,
and in about 80 minutes came back with all
amendment changing the time Of election to
Saturday, December 10.
The question on concurring in the amend
ment was taken and lost-ayes 80, noes 81
not Constitutional majority.
Messrs CARPENTER and CHASE vo-
ted with the Republicans.
On motion of Mr.. STARKEY, the vote
was reconsidered-a 49, noes 81.
The question again coming up on concur
renee with the Senates amendment, the
Speaker ruled that it was concurred in-ayes
40, noes 37-Mr. CARPENTER having
changed his vote.
Mr. BALCOMBE took another appeal
from the Speakers decision, but the decision
was sustained by the same vote as before.
The House then adjourned.