, 1863-11-25

|
: sense Of the word. Thsre was difference {
diaerenc%e % of opiuioRe eopstitu:ed disas7temcn
nideIs,oed In some paiil.mentary sense Of Ii
wo1d, and IN order to constitute Disagreement
, that sense Of the word ccftAin parliament l.
nosc sboso nsa wsh i s nsse
should have been observed. as 1t is admitted tha
. there wasa disagreement unless ,hets observaoc
f1rsi-It IL said that notice to the House Of til
non. tncurre1ce Of the Senate in the ameatmeu
Of the House YVES one Of those usages necesss1yt t
be observed to constitute DISAGREEMENT. It woul
be singular indeed II formal notice OF fact alte
It had inspired was necessary to create the ex
ittencc Of. the fact ITSELF and an examination Q
the 1nifs OF parliamentary law will khow no sucl
absasdlty to exist. A disagreement fs ono thing
aid q formal notice Of Bneh disagreement to b
m.as eoms time sftsI It has taken place is aait
to be gtEeo. but the fact exists whether the cour
ttsy is oheeryed OF not. Gushing says that nottr
uatt.r Of courtesy. aad II not obaerved the hous
to witch tueh nostcc mifhl haye been sent has nj
ts 1tent to complain. Gushing, s2sssa 1Biack. Com
Second. It il admitted that the nouae of Rep
Te.e1 tatives eoute not .sk TOR eoG,m!ttee Of con
fo.eLte iortbe reason that the resolution was no
::LAI;d: The scnsse eoald not ask for com
!oittte Of conference urtu disagreement had &C
II hs ees
sse ,s9aaess q to gve right to ask 70.
M Hs are necessary to Authofixe the Gov
conference san be asks5, and 1t il only Necessary
y e. nst e
What then IL required IN order u constitute dis
sfnt1s11 I'll y thp patASnsh*z seassr
euE in tie action Of the other Gushing, 3.9 note
| Fourth. After the Senate had regiis.d to coucuE
II tse amendne Of the House, It was entirely ln
ior cnnfertIce or not Each houte Ia the sole
frdee Of the order Of is own proceedings, and tue
h1u.s 10 haa no sleht 70 complain q he seoata for
Il 1sked tot: each house il still the cole Judge OF
tbs otdtr Of Its proceedings. and may deter1ine
e. II e. II santsss1ee 81 thal proceed casAt"g'
! FyM-No communication froru the t~o houses
10 me G9ssI1os Tas heeessary to ere.te disa
Loaees Gre records open to tho inspection OF ali
And they wsle Published from day to day uudez
M II s. Sss st. ef lss' p 4za Davenport. O. X""g'
RE Governor might .atisty himself IS to tue
Ghtr cttizt might ascertain that fact and the Con-
s,ttufloh Goes Eor rQui.r any official Notification
o. t1e te eE Of 9is,etsement only requires Che
| TO the Governor BY Tbs Speak sr Ct the Senate.
S'1h-The retofntlon Of the nonse. Stating that
It dtsirea to reconsider 1te action In amcndtrg the
resolution Of the Serate cid not reconcile tho dis
| AGREEMENT between the tuo houEea Il thn raso-
| lurton had been returned to tte House, 1t could
er ard was not obliged Z toncnr with lie Sens5s
os In any 1nanIer further coLstder the resolution.
Hae r. 70 hs to
| might have doLe 60 as matter Of coaftesy. The
mistake Of the messenger of the Houss, In az
lecede irom. i.stead Of lie Word I' aIec"ps;iyr. e
cannot alter the rero1utEop teel, and to dst:rmsuo
A AShat & The Iesolaton aoopted was, viz must LOOK 1t
The Governor wns to. hear and determine
whether there was disagreement or not. Esi-
dtnee was lad before him upon that subject: ao
dsnce was sufficient to estsb1!sh The disagreement
vtsed ool1ate1aDy.
nln THE GENERAL AssEAr.T CLOSE IT'S SESSION.,
Y. Literally tic "ord naionrn signifies to con
tinue, but II tais country an adton. .nmsnt With
oie qnt stion IN the present is, when did the
1%ettysh1d n, Gtneraa Assembly c1oee its sessloa:
Firtt1Aceo.d1ps to parliamentary l.w, no
question couls be put without quo: um noteveu
Itar q IN adtouro1nebt from day to day. Gushing,
The only WY In which 1e1s than quosamof q
hnne the body. n sessio1. Is fos tlo spsakar o.
tonrred urti1 the next legislative dsy without
putt!ng the QUESTION; and the only evidence Of its
eoptlnaa1es ~ session f. the journal; Tho jour
srd from 1t alone is 1t to be determiaed whether
the body was In aetsIon OF not Thp record is tho
ss 81 70 e Ss H.. I
the fact does not exist because there is no ey1-
dente By which It can bs proven
| than quotnn OF each house Of ,tne General AS
t semt1y TO adjourn ffcra day. to Gay on question
| and to eend for aozelt nenbefs. In other res
| governed by parhaacat&ry ralos Wills The con:
ststnt,oa Ssaa:s to lcss sn.s. quorum The power
tn perpetuata the Sessions Of tha uoueea, 1t pre-
/ fhn mn GhH1 10
! e,cistd md the erfarnce bJ which it 10 to b.
known wbotheE It Nas doue or not.
| The o3ly mode IN which less than a quorum Of
either houlc eau continue its existence is bJ Al
| Adjournment from day to day aud preserving the
| evidence Of kueh adjournmenta on the joarnal.
Sousts VIZ wit6oss s Quorum On the ID iota 9o q
June. after tic propagation Of the Coroner, and
a. ilsIf ,E va n9aalo1.1msnt By tno,e members
-iss sstaion ended Those members Of tho Senate
wso *Fe present aa}0n1se5 1stil ths next dsy
from day to dsy aitx1 tie session ofthe House had
cloeed-Const. Article 3.f13.
The only mod In which quorum Of al Assem-
meet and ttsneact come tutipess. Where the G Is
| staIdtne or1tT. fixing the time Of ASSEMBLING at
| apa1tiealar honr on cEea day, and an adjonro-
which the AsFemb]y Adjourned the sitting is re-
snmed at the stated hour tbs ne1t day: IL the ab-
kerce oiany saeh rule, upon adjournment the AZ.
or indefinitely -Iushipe, sssa
WheTe an Assembly co1tlpnes its session from
a e. h hs s.sea Tic %
the ne1tgay, but where there Is no session on
tie r<x. Legislative day the Presumption, in the
Is tbst he session erds;i On the dsy on which the
Ata IL m6'y :e'aed to transact notwithstanding,
Teen!ous theories are advanced by the counsel
! for tie rctator, to shcE that there cannot ba a
c1nso off seseton By the action OF tbe two houses
without formal ua}on,nment entered on the
/ T. "a {f1&f fhn fdrn hnuaa
tpectisely. canrot DO tndirfc'ly that which they
cannot do directly. AZ, fo. example. neither
honse sas = eosstitot!onaI!y sd5oSsa without aay
| Leitheris adjourned without such concurrence
The argument is, that a cannot leg.lly
Killed 3, yet B, in contemplation Of law, il not
c'atntd that all Of he 9emoerk Of the two bous4s
| and Euch Abandonment continue during tho whole
lrgis}stIye term Of the members, and the legts1a-
tine stin Iemsfn ln ssssion for want Of a for
nscesasU consequences from this proposition,
it follows that less than a quorum can
e to
10 power to adopt joint resolution adjournlng
zine die, Or to . given time, and no power what
Il II e1p1. ssiy granted to less than quorum to
p1eee1Tc the existence OF the ASSEMBLY By nd
| jonIments from day to daY: aud why. was this
| ey,tablc from Law Of its nature! It Is claimed
ttat when m assembly Is once shown to have bsen
IL reeeion, snch session continues In legal CON
templatiop until 1t IL shown that 1t was endsd in
lome legal manner. Courts will take judicial no.
! tee, that the progression Of tine IL marked By
tse aass s an ses Ee;oE
nay hx the time OF the co1umeIccnent Of lesis-
atiye day. but where no tina Is fixed. the legls1a
ior ups pssteui sr dss espte th fhe Termination
Of the Legislative day.-C4sdlng 500.
So session q q nL Pe,t1ensat az e1Pttes Tlth
is no formal aa}onrnuent. During The sitting OF
| day, there maJ b recess not entered on the
eay ase ia
By rule as the commencement OF the Legislative
| dsy, I'D where there is no adjournment, It ends
| day. The sesslon Of 3 legislative dag does not
continue after the expiration Of that tine.-Cush-
fbs session OF succeeding day Ia evidenced In
in tie appropriate manner, aud thus a continuous
session from dsy to cay is evidenced; the one ses-
eeEstnglDs 9nl the ns1; da hsn
lEtuse's existence solely By presumption Is rev
idea. The law for wieo PURPOSES hus Prescribed
and ION considerations Of puslic policy allows no
p,oof to estableh them, un!ess It 10 made in tho
nodo which the law prescribes- The law requires
ss'd d Be- ak ssSet e
either honse transacts any business, record
setng Sg qf Of h Wss traa.astsa i,
tie record u fact, the houres ray hare met aEd
these faets cannot BE- shown. In contemplation
OF law the facts DO not exist because there lis no
evidence By which they ean be shown The record
Ie The only evidence OF facts to be shown by it,
aud where the record ID silent, 1t Il conclusive cvi
denee that the facts alleged do no. exist There
ea9 be 70 P.esgmptopn 81 th5t It. ap5hl9g va doas
doue,-1 Grtenl. Erid.. 20.
The presumption sought to be established BY
the reator is one Of fact and Ill p!eeumpttons Of
fb5t nature msy be rehussed by p.1ol syidente.
Thut while the relator asks the court TO Hold that
the Journals are the only evidence Of what Tas
1oIe hc seeks to establish pr3sumptton. the ef-