New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-04-15
ASSEMBLY,.
THE SPECIAL ELECTION BILL,


Immediately upon the opening Of the House
OF Assembly, this morning MI Frear Of NewYork rose
and said Mr. Speaker rise a question Of privilege
desire to present the following privileged bin at this
| time
MI hvord-I protest, in the name OF the parliament
airy sw OF this House against the Introduction Of this bill
The speaker-The Chair will accept the gentemans
The Clerk read the title OF the bill offered by Mr. Frear
az iOioWs An Act to provide for filling the vacancy
0ccasioned by the resignation OF James Irving ia the
Mr.. LittleohR-This being precedent In the iegsla-
ton OF this STATE ask that the protest of the gentleman
from Onondaga tMr AlyordJ shall be entered on the
The speaker-Thc Chair has announced that the gem
| ueman's protest would be entered.
Mr. Frear moved that the House go INTO Committee Of
| the Whole upon the bill
Mr. Aiyord raised the point of order that it required
| twO-thirds vote To pass the notion
The speakerThe Chair will decide that this being
privileged bill the motion may be carried ny the action
Mr. AIySrd2i desire to say that VIII not under the cir
cumstances of the case appeal from the decision n the
presding officer OF tits House. but desire also that
solemn protest against this invasion OF the fues DC en-
tered on the Journal, and upon the quest0 nov po1
the House OF going into Committee OF the "Aoe lcah
~ The roll was then called upon the motion 10 go into
Committee Of the Whole and was carried ~ q 10 ~; l
House then went into Committee OF the "Ao'' MI ''
Mr. Weed asked that the bill be read through gu. Witch
Weed moved that the Committee Use, rel ny w.
the House and recommend It's passage cdrIieu W
The Committee rose and made their report, and tho
| Sneaker announced that the question WIS
agreeing with the report OF the Committee ana ordering
! the bill to third reading ~ 49,, ~. 3, oroor an,
Mr. Goodrich called the Yeas and Nays thereon ana
The vote was then called upon ordering the bin to
third reading, and resulted in vote OF o. m me ara
tive CO in the negative. The bill was therefore ofdefeu
| to a third reading. ~ ,.-.,,,s
Mr. Ayord-On that question call the Yeas and Nays.
and desire that the speaker Will rlie mat u ''qU''"
The speaker-The Chair will not so rule.
| Tn. in aifll
against this invasion Of the parliamentary law oi inc
land do most respectfully appeal from Tue "'c'ioh VI
The speaker-The Chair has not yet stated the cues
ton When ne has done so ne Ipp paW VIA 10 rTe whether
a majority OF the House carries the Dill 10 thii"
The Speaker-when the gentleman presents his appeal
In the proper form and time the GUAR VII enefah G
Mr. Geason-I call the attention of the Chalr 10 ths
42d rule and raise point of order tlat the motion O
the gentleman from New-f0fh requires ""'hh"
The speaker-The Chair is convcrsant with the rule.
The question is now on the motion oil th geIonan NOM
New-York that this BIZ be ordered to lhrd rGang.
Mr. GleasOnI call for a ruling upon my I0hl ol ORTIZ
The speaker-The Chair Will decide that TINS Is pf'F
Slr GIeason-Tllen appeal from the decision Of the
Mr. Fieds--I rise 10 q point Of order. submit that
this appeal is not order until after the result 81 tb
vote Is announced. The result MAJ De lha' 'io iho'
The speakerThe Chair decides the point Of order well
Mr. Alvord-I am clearly Of the opinion Sir that a.
made my motion 81 Is the parlahehlaIy rI Y,iiint
dd nor saw in terms that rose 10 point OF order yet
in fact point OF ordeIIha. Ih ot 5 1ir t
rule that requires only majority vote 10 carry UT
motion because this is a privileged question cannot
nee Sir at what time under any possible contingency,
this question be settled so far as regards me opinion
OF tie House. except az this Junttur' II Wod1 NOT nc
proper after the incoming of the vote OF tie House to
make the appeal. My friend from Sew-iork imr.
Field suggests that there may be atwOhrd vote OF the
House upon this motion. whether that snou1h Ie tv
not it right and proper that te y tn 1nS a
be informed what Il necessary IN oIer 10 pIns 'h' in
ter TO a close Now, Mr. speaker believe tla 90 hou
stand in position OF the gentleman frOm Os"eSo nor
Ina the pos ton of the gentleman from
Mr. Feids-I suggest that this House has no right 10
take an appeal from mere opinion expressed py the
Mr. Hu-ted-I wish TO ask the gentleman rom onoli,
daga, II he VIII DC hhd enough u s'"'o """' i' P'
Mr. Alvord-My point of order is this, . asked the
Chair 10 say whether the motion TO order the III 10
third reading did not require tW0lmrGs VOC. Ihe
Chair has stated that when proper tihe came 10 RUG
pou the point he should rule that the mOuOn requiem
ONLY majority vote, because this was prFNescu ques-
Mr. Itteohn-I will remind my friend that the posi-
on is a much stronger one than be states H. ne zen
teman from IT. Lawrence appealed from tc decision OF
the Speaker upon the point that II "aS pfN'he' q'
Mr. Alvord-I understand that. I understand III.
CLrir fo say that this privileged question ara tld
the motion to order the bill 10 thiid IeaGihS uos o
| require twOthrd vote. Upon both oi th'se poihtH
take issue with the Chair, and cah lIa' 'IiS - 'o "J
the 70 appeal from ls decision. ,,,,o r.,i
| The Speiker-lf the gentieman rom olon"'so VIII
stale mi. point of order, the Chair viii rule thereon
MI AVord-Ny point of o.drr - TINS t"4t InlS ~,
privileged question and tGt tueIeoi" u ~ XII
fwothrds vote Of the members present to or''r '"e o
- Mr. itsied"i rise to A point Of order. Tie gentle
man from OnondacO and the gentleman rom -. Law
reuce have stated helr POINTS Of old.s t., ~ i1e y,
the third reading OF b!l must De on tlr cay .Hl''
10 the day when IL passed ia Committee % me Nhoe'
unless the House hy Two ml = noc 49, ,, !" "a, m
Wcstchtster is not well taken the bill having Been "a.
Mr, Sivorl-I would say to my friend from We leicester
that If the speaker Il rirnt In ms pfOpu1uoLt&t
that the motion order The bll to trd reading docs
not require two-,hta vote ana tbdt mo ONLY POINT h
does not rise 10 the dignity oa pesed question: ANA
The spcakcr-The Chair will state tho question ard
then the gentleman from OAondaGa can orolta D. lac
desires. Upon Tie motion that this Bill le ordered 10
reading the gent .elnan OncudaCl rfe tie point
OF order that he motion required twotnd vor. Ihe
1hair rules that .Ais : gAesef ,no'"n a. aidg W
dat, appeals from that decision aud tno question IT,
! shall the decision Of the Chair be sustained
| Mr.. Ayord-UpOn tlat cal the lc IS tnl nays. A.,
They ordered and the Clerk proceeded to cal the
Mr. Jacobs asked to be- excused from voting. ard said:
We are about think, TO MAKE precedent 10 l"9 lesi,
in obedience to necessity which could not De aIoird
10y the party OF which he Is member ana tIs nam iePl
sentative here, has been comptei, !, Jat.' ,,
and in justice To his party and injustice u te interests
on tue state, TO make a teIth uV' .,,,n,t n,sr
| the simple. Through an uLioitmii'1 ooehl-
renee upon the hoor or Within io poi thai ~ n,iarty a.
member of the majority was io,t 10 Una. it,yoi"y, w
consequence OF which there Is no ponttaI ma
GTy in 5 a' m As%s Of the minority upon Ss
floor, without regard 20 even co,nn%n d ESs.m,y'
forse,ting tba they the representatives Of the
people sense and not merely OF parry TOOK ad
Vantage OF that unfortunate occurrence ana IN secret
caucus decided that legislation mere shal We DloekeI
cE nags and dark lines there is nothing IT, equal this
consnnnate outrage-a minority OF the people. minor
d. ~ So 600 compelling the legal majority IN eOnse-
ny,nce OF circumstance which that m1Urlty had
Ho control sit down here aud do nothing Now what
a. their object in this Their object Is that the i'm
norf1nt legislation OF the session shall not DC accom-
! ,Iished that they 10 the people OF
the Democracy have failed IN their duty
| The Speaker is now asked 10 make new ruling. The
,ies laid down the book do not "A
ordinary rules laid down ia TINS book do not
case which takes within lis broad scope the question OF
popular rcprcs ntation therefore, hope the Speaker