The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-01-06
STATE LEGIsLATURE-..s
SESSION.

STATE NEUTRALITY-SUSPICIOUS.
SESSION.
Reported for tho Pioneer and Democrat.
SENATE.
TUESDAY, Jan. 3.
The Senate was called to order by the
President.
Prayer by Rev. J. D. POPE.
BILLS INTRODUCED.
By. Mr.. GLUCK: To provide for
assessment and collection of taxes for the
year 1860.
By Mr.. STEWART: To punish con.
tempt of the Legislature.
Mr.. COWAN moved the bill be rejected
on the ground that some of its provisions
were unconstitutional.
A vote was taken and the motion was
lost.
THE FILLMORE COUNTY CASE.
The resolution offered by Mr.. HEATON
on Monday, declaring Messrs. Holly and
Wells entitled to seats, in place of Messrs.
Bryant and O'Ferral, came up.
Mr.. TAYLOR offered substitute, but
withdrew it.
The President decided the resolutions of
Mr. Heaton to be out of order, and explain
ed the grounds upon which he based his de-
cision at some length, and quoted many
authorities In its support. He declared that
all four Senators claiming to have been
elected, stood upon an equality, and the sit
ting members should not participate in the
business OF the Senate, and suggested that a
committee be appointed to ascertain who
had the rights of membership.
Mr.. HEATON moved that committee
of three be appointed by the President to
consider and determine which of the con-
testing members had prama facie evidence
of their rights to seats. Mr.. Heaton with
drew the original resolution.
Mr.. HALL thought there could be no
further inquiry as to who had pran,a facie
evidence Of membership. The possession of
a seat on the floor was prama facie evidence
of membership. He thought that Mr..
Heaton should modify his motion so as to
make the duty of the committee to enquire
who had rights to actual membership.
The President stated that he thought the
admission of Messrs. Bryant and O'Ferral
was an error, and thought the committee
should only enquire who had the proper
certificates.
Mr.. HEATON said the late President
usurped the authority of the Senate in de-
Gliding that Messrs. Bryant and O'Ferral
had prima facie evidence of membership.
MIR. COWAN said he should vote against
the motion because there was nothing in the
constitution to authorize such action on the
part of a committee. He said that the
certificates should be presented to the
Senate, and that he was the proper Judge of
the prima tacie evidence of membership
that it was his duty to decide, and he had
no option in the matter. He held that the
President was the only judge of the matter.
The motion before the Senate did not go
down to the root of the matter-that the
Senate could not decide who had certificates,
but who were actually elected members of
the Senate:
The motion was then put, and carried
and Messrs. Heaton, Cowan, and Baldwin
of Scott, were appointed the committee.
REPORTS OF COMMITTEES.
Mr.. STEWART from Standing Com
mittee on Printing, reported the prices
agreed on with Newson, Foster & Moore
bills, &C., 63 cents per 1000 ems journals,
60; presswork, 60 cents per token.
PASSED.
A memorial of the Legislature of the
State of Minnesota to the President of the
United States, in reference to the Light
Houses on Lake Superior. Introduced by
Mr.. Clark of St. Louis.
An act to attach the County of Todd to
the County of Morrison, for judicial purpo-
SEES: Introduced by Mr.. Taylor of Otter
Tail.
The resolution for the final adjournment
of the Senate was laid on the table.
Mr.. COWAN' offered resolution that
the Committee on Printing procure the
printing of 300 copies of the Inaugural
Message. 1t was amended so as to provide
for the printing of 1000 copies. Other
amendments were offered providing for
printing in German, Welsh, Norwegian and
French, which were referred to the Commit
tee on Printing, to ascertain the cost of
printing the message in those languages.
The original resolution and amendment was
adopted-and other amendments referred to
the Printing Committee.
COMMITTEE OF THE WHOLE.
The Senate spent some time in Commit
tee of the Whole, Mr.. Hodges in the chair,