New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-11
DEBATES IN THE HOUSE.
MONDAY, February S, lS7

After the Clerk had called the roll, Mr..
Thompson, of st. Tammany, rose to ques-
ton of information, and said:
Mr.. Speaker, wish to know why the name
of Mr. Wands was not called when the
Clerk called the list of members of this
House?
Mr.. QUINN can answer that question.
The reason why his name was not called Is
because he has been expelled.
Mr.. ThOmpson-Then, sir, why is it not
spread upon the minutes of the House
According to your own decision, IL taxes a
two-thirds vote to expel member We
do not find such a vote upon the journal.
- We know that on the nineteenth of Janu-
ary motion was made by the gentleman
from Livingston to expel certain members,
but the name Of Mr.. Wands was not in
that list, at least we do not see it upon the
journal. Now, the journal OF House is
1n'ima facie evidence of the proceedings
1t can not be contradicted. Now, as his
expulsion is not recorded, he contends that
he was not expelled. We can find in the
journal of the next dSy that Mr.. Abel, not
finding Mr.. Wands' name in the list of ex-
PEELED members, made a motion that his
{Mr. Wandso name be inserted among the
list of the expelled members. The only evil
dence that we have of it is that the motion
was carried" 1t does not say that he was ex-
PEELED, but that the motion made by Mr..
Abel was carried. Now, according to the
decision of the Chair, 1t requires two
thirds vote to expel a member, and the jour
nal does not show that the members voted
upon his expulsion, but just simply voted to
have his Mr.. Wands) name inserted among
the expelled. Now as l before said, it
takes an absolute vote of the members,
whether they be members elect or members
present. Now, sir, contend that no vote
had been taken in reference to the expulsion
of Mr. Wands before Mr.. Abel made the mo-
70 ba hi, ipaarfal in tho LIST of
members that were expelled.
Mr. Abel wish to say something, Mr..
Speaker in reference to this matter. no.
ticed in the journal Of the morning after Mr..
Davidson made the resolution expelling the
members who have just returned the Omis-
sion of the name of Mr.. Wands, and imme-
diately made motion to insert his name as
one of the expelled members.
Mir. ThOmpsOn-I would like the Speaker
to decide my point. Do you decide he was
expelled!
The Speaker-The Chair wishes to inform
the gentleman that the reason his name was
not called was because he was an expelled
member.
Mr.. Thompson-I appeal from the deci-
sion of the Chair, and call for the yeas and
nays.
NJ. Barrett think the best way we
can get at this thing is to read the original
motion. t.-s
The Speaker can not entertain an APP
peal at the present time. The gentleman
arose to question of information, and the
Chair answered it.
Mr. Thompson-Mr. Wands has not been
expelled, and the Speaker decides that he
is an expelled member, and now have ap-
pealed from the decision of the Chair Now,
/ want to know why he will not entertain
my appeal!
The Speaker-The gentleman arose to a
question of information. l answered that
question, and there is nothing to appeal
from. made no decision, but merely an
swered the gentleman's question.
Mr.. Thompson-1 demand that the name
Of Mr.. Wands be called.
Mr.. Carr-No. member can appeal from
the journal of the House latter it has been
adopted You can not go behind that.
Mr.. Thompson-1 am not going behind
the journal of the House.
Mr.. Carr-It is impossible to go behind it.
Mr.. Thompson-I do not intend to go be-
hind it, but simply want to have my point
decided. Will the Speaker decide that
am wrong!
The Speaker-The gentleman asked
question and the Chair answered.
Mr.. ThompsOn-Then sir, to get de-
cis;on, move that the name of Mr.. Wands
be called by the Clerk.
The Speaker-It is the opinion of the
Chair that it is impossible to entertain such
a motion. When it has been brought up in
a parliamentary manner the Chair will
entertain it and give Mr.. Wands' friends
an opportunity to be heard.
Mr.. Thompson-I simply appeal from the
decision of the Chair. / can find no rule
which says can not appeal from the de-
,cision of the Chair
The Speaker-The Chair has made no de-
ciqion, but simply answered question.
Mr. Thompson-But, sir, move that the
name of Mr.. Wands be called.
MIR. Davidson-The name of the gentle
man should not be called, because he is not
q member.
Mr.. Thompson-I have made a motion.
I did so in order to get decision, and ac
cording to the rules am in order, and can
appeal from the decision of the Chair.
The Speaker-According to parliamentary
rules
Mr.. Thompson-You decide / have no
right to make a motion to that effect9
Mr.. Davidson-The gentleman is out of
order.
The Chair-The gentleman rose to ques-
ton of information. That question has
been answered, and there is nothing before
the House.
Mr.. Murray-Itis impossible, Mr.. Speaker,
for the gentleman to get behind the jour
nal, and say here that if he had been at
tending to his duties as a legislator in this
House he would have known all about it.
Mr.. Lott-The journal has been tam
pered with.
Mr.. Davidson-That is not true. The
gentleman says the journal has been tam
Dered with 1t is a falsehood. The journal
has not been tempered with.
The Speaker-I think the way to settle
this matter is to read the original reso-
luton.
Mr.. Carr-The original resolution was
written by Mr.. Faulkner, of Caldwell.
lir. Faulkner said that the resolution was
in his hand writing, and that was the reso-
ion he wrote.
Mr. Garstkamp-I think it best to refer
it to a committee.
M. Matthew'S wish to ask the gentle
man question. When did he write that
Mr.. Davidson-On the same day.
The Speaker-The question the gentle
man made was answered, and there is moth
ing now before the House.
Mr. Sartain-Mr. Speaker, 1 ask the unan-
imous consent of the House to rise to
question of privilege. 1 find in one of the
issues of the Times last week burlesque
on one of my constituents, which was taken
from private letter addressed to my col
league, who now occupies seat on this floor
as Representative. He sent this private
letter up to the Chief Clerks desk, and
asked that it be read as memorial. Now,
Mr.. Speaker, l think the gentleman, my
colleague, has acted very unjust toward one
of his constituents-One who, no doubt,
helped to send him here, and one whom
lie is here to represent, and not
only has he acted with great injustice
to his constituent, but also, Mr. Speaker,
| consider that be has shown great disre