The Van Buren press., 1871-02-07
ARKANSAS LEGIsLATURE.

ARKANSAS LEGISLATURE.
Little Rock Gazette Reportl ~
JANUARY 50, 1871.
House. 1sassl aas
WLLs AND RESOLUTIONS ON SECOND READ"
That the Governor be instructed to au
thorize an election in the Sth district, on
account of tie vote between Messrs, Ora
| DIV and Abernethy. Lies over.
House joint resolution, introduced by
Mr.. Meek, expressing it as the sense OF
the Legislature that there is no longer
any necessity for disfranchisement, and
pledgine the Legislature to remain in ses
sion sufficient time To enable the dis
franehised to petition for relief, was tas
ken up and referred to committee on ju-
dietary. u
Bill to suspend the collection Of taxes
till the 3lst OF March, on personal prop
erty, and until the 30th of April, on real
estate, was read third time. ai
Mr Smith moved to place it on its e.
nal passage Carried.
Mr.. Waters opposed it, because ii
would act unequally on citizens who have
already paid their taxes. 81 a b
Remarks in favor of the bill were also
made by Messrs Cohp, Ham and Steele.
The vote on fnal passage was then ta-
ken, with the following result gf .45uh
Ayes 63 noes---l7. ii aaf se ara
Adjourned 10 10 a. m to morrow dl
JASuARy 26, 1871,
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immediately after the reading Of the
Journal Hon Joseph Brooks appeared
at the bar Of the Senate, and addressed
the President, stating that he rose to a
privileged question; at the same time
holding certain papers In his right hand.
He said he held in his hand certificate
of election from the clerk Of Pulaski
couny, based upon the certified retnrns
from the returning officers Of Pulaski
and White counties, all certifying that he
had been duly elected Senator from the
10Th legislative and senatorial district,
and asking that he be sworn in as such
(Crids Of II object, N"I protest" from
several Senators aud much confas!on n and
excitement in the chamber.) lsta ,HifH3
The President said lie considered 1t TO
be his solemn duty under the constitu-
ton and the obligations of his oath of
Office, to swear in the Senator, which he
proceeded to do by reading the oath and
Mr.. Brooks holding up his right hand in
affirmation of his oath. While the oath
was thus being administered, Senator
Mallory arose and in an excited manner
protested against the proceeding, aud mp
pcaled to the Senate to do something
he did not say what--calling on the SER
geant at arms and asking where he was.
Mr.. Belden also protested. But the ser
geant-at arms not deeming it his duty to
interfere or disturb the proceeding, Mr.
Brooks took the oath and likewise took
his scat, amid the most intense aud pro,
found sensation. t ga..r ,r gaa
Mr. Brooks then moved that his ere.
dentials be referred to the committee Oh
elections, rs he understood Mr., Riley in
tended to contest his seat. Motion lost,
Mr.. Mallory then submitted the fol,
lowing resolution: lts...
Resolred, That the action of the pres.
ident of the senate, in swearing IN Mr.
Brooks, is unprecedented, without au.
thority, and is therefore null and void.
Fgierson moved 10 refer the resolution
to the Judiciary committee, as he desired
to be fully informed as to whether the
proceeding WAS illegal or not. He did
not think that question Of such grave
importance ought to be voted on With
out due deliberation and consi ieration,
Mr Brooks then took the door, Nal.
lofy objected, and protested agsinst the
right Of the gentleman to address the
Senate. Belden likewise pnt in simi.
lar protest. The President remarked
that it was expected that both the gen.
tlemcn would object, but ruled that Mr.,
Brooks was entitled to the floor. ~,
Mr. Brooks then addressed the Senate
in speech Of an hours duration, in
which he undertook to show that the pro,
ceeding was not without precedent, not
without authority, and was not null and
void He demanded the right to be
heard in his defense; md if he failed 10
convince the Senate that he was not the
peer Of the Senator from Jefferson, in
every respect, be would cheer!ully retire.
The gentleman then retired 70 nu,
merous authorities cited in CusMngs
Elements Of Law and legislative pro,
cccdiDgs, In support Of the regularity
aud legality of the mode Of proceedings
he had adopted These authorities went
to show that every election gives the
right to somebody to hold a seat in the
body for which members were to be
elected. That the certificate of the prop
er authorities is the primd .faeic evidence
Of an election, and the only CREDENTIALS
required; aud that whoever holds such
a certificate or other similar credentials,
has right to demand his scat. That
this does not preclude contest, but is
the only regular and legitimate way in
which contest can be properly brought
before any Legislative body. i' iv j
On motion Of Mr.. Sarber the Senate
then adjourned until to morrow morning
10 o'clock. El1La iQ iA0 aill
yrrggd,I 20 yfr i-- 70 2a.Mom ltI
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