The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13

present quorum being assembled, could elect. tnere
would be no and house OF representatives there
but the members of the legislature would be there There
would be legislative body bat the members of the egt
iature would be there and majority could elect IL that
be the construction Of the constitution, there is no
officially ia this case but that would be total alteration
OF the present arrangement The answer have given 10
that position, think is entirely conclusive .
Then, could the legislature Of Iowa. by any law, dis
pense with the attendance of either body Suppose the
law had BEEN for example, thu. the LIST OF January
both branches shall meet ia he hall OF the house OF repre-
sentavcs one O'CLOCK and shall choose senator but
the hovso of determined previous day
that they would there and accordingly they did
INST meet but the senate met together with minority o.
the members of the houset is obvious there would be
In he persons thus assembled 10 elect Or suppose
the ether hand that day the senate had declared
they would not and did not in fact meet in conyenuon
bu. the members of the house Of representatives met and
organized house. and then went through the form OF
resolving themselves into joint conyencu would any
senator on this contend that twhen the senate
elsewhere member of the body present but ii
was acting in its capacity senate in the other end OF
the capito the house of representatives could make
choice? apprehend no will take that position; be-
cause If YOU take it, you are brought to this pointhat
the legislature of the State alter the constitution OF the
State and the constitution Of the United States and permit
branch of the legislature to make the choice of United
States senaor No contends that that be done The
law might require every member to be present. but they
might net attend 1t might require the senate to be there
but the senate might not attend.
Permit to say here that ii is not competent for the
legislative body to control independent branch Of the
legislature as to take away from 1t its independent
Suppose the senate of Iowa in session at the time
when the alleged joint convention held at the other
end of the capitol and single member Of the senate bad
gone into it. and Lad been president pro tepor
appointed tesr and be had acted would the senate have
been theref The in session in the senate
chamber egsatng passing laws and in the other branch
the louise of while the in its
chamber acting legislature composed of both
branches Am called upon here prove that the senate
could not be present in two places at the same me that
there could not be at the moment of time senate
present in its chamber and also in joint convention in
tho chamber OF the house of represen tatives?
The effect in this of the order of adjournment made
by both branches joint convention, no matter who
voted for that adjournment to fix time and place for
another joint meetingnothpg Had that vote any
greater effect than law fixing that time for another joint
meeting would have had Certainly not And neither
the joint body the legislature itself make it
emit that the senate there if the senate not there
Neither the joint body nor the legislature of the State
dispense with the necessity OF both branches being present.
because otherwise the legislature is not there Then,
the morning of the 9th January 1885, when the senate
and the house OF representatives assembled
the senate of Iowa. after that adjournment present in the
hall of the house of That is the question
What the effect of the dournment of the senate2
undertake to the effect of that adjournment from Sat
urday to Monday to render 1t legal mposbility
and constitutional mpossblity that the senate should
be assembled again until Monday, either in the senate
chamber or anywhere else II impossible after body
has adjourned that by any voluntary action of the
bers they reasonable again before the time to which
they have adjourned.
But let us examine this question little closely.
Suppose the legislature had passed law declaring, in SO
many word that it, the time and place appointed either
branch should not be present. should in contemplation
of be deemed to be present. and suppose the senate OF
Iowa did not attend the and place fixed for tn.
meeting, but ransacting legislative Business in the
other end of the capitol would il e in Joint convention
as part OF the thn the intent of the const
ZION OF the United ates2 II is perfectly clear that in
point OF truth ap fact and constitutions, law they moi
mere because 1t is not competent for legislative body
dispense With the action of branch either by forfeiture
OF on account OF disobedence TO law be there and
must oe In action in order comply with the provision OF
le constitution of the United States and the provision
the constitution of the State of Iowa.
Then look at this as it stands upon tho facts On
the morning liked for the meeting of the joint convention
the house of representatives assembled the speaker
announced that the time had for joint convention
committee was appointed to wait the other branch
and invite them to into joint meeting in the usual
manner in any manner. The senate was not in ses-
sion and incapable session until the Monday follow
ing There it is the record that prior that time the
senate had adjourned until Monday, and after that
adjournment the members of that body could assemble
as body until the Monday II every member of The
senate had gone to the chamber they had at
tempted to act as senate with the officers in their places
the proceeding would have been nullty. alude to
this for the purpose of showing that of the
to adjourn until Monday that it would not as
semble in joint convention This the deliberate act of
the body declaring that it would unite the election
of senator that day and it ncapacated itself by that
act from participating in the convention; that in my
Judgment the question stands precisely upon the same
ground as had taken vote in point of form refusing
TO 60 into convention suggested by the honorable
ator from Mississippi and which he admits would have
been fatal to this election.
But look at the proceedings of the senate on the
ing Monday There is conclusive proof that the majority
OF the senate who voted to adjourn over voted that
ment for the purpose of not going into joint Convention
On that day they declared, body thai thew had no
knowledge OF any joint not that they as ndi
sduais mad no knowledge but as a senate they had no
nriseso VI '~y Joint convention Can ii be act OF
ue oouy the body itself disclams any knowledge of
~ ure than that; look at the record The law required
the proceedings of the joint convention should be
that their secretary should be present in the convention
and keep record for the purpose of entering them Look
at their Journal You find there record of any Joint
convention by tho senate with the house Can the pro-
ceedlngs OF senate or house rest in paro2 The law
quired that there should be record The senate declared
they had no knowledge Of any Their record shows the
same thing precisely II shows adjournment from Sat
urday to Monday and then there is notice of Joint
conventon on the contrary the record shows that there
was no joint convention that day. There may have been
convention of the house of representatives and nd
vdual members of the senate but the there
Examine the proceedings again-look into that
ton and you find that there secretary of the
there to keep record you find that there teller
there the part OF the senate you find that there
officer of that body present There counting of the
votes by the judges required by the law The presiding
officer the president pro mpore chosen by that body
If he presided, as suppose be ddand he it is confessed
all sdes, not officer of the body, and had no
right to preside The dongs attesed by two
pretending to be ers but OF the signing that
document not teller of the senate the other
teller OF the house OF representatives The president pro
tempoe signing the proceedings spurious officer.
One of the teers spurious teller There no record
of the proceedings by branch The presiding officer
house there the majority of that body was
not there and the whole body had adjourned until