New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-13

would like to understand precisely the ma
ture of this resolution. Was it reported by
the Committee on Elections and Qualifca
tionss
The Speaker-No, sir; it is simple reso
luton, and l will say, that if the House
does adopt it, can not see how it would
seat the gentlemen named in it. as 1t expels
no one.
Mr.. Montaldo-The gentlemen whose
names are on the roll have never beer
sworn in.
Mr.. Young-The main question has been
moved; the gentleman has no right TO dis
cuss it.
Mr.. Montaldo-f withdraw my call.
Mr.. Young-And renew the motion.
The yeas and nays were called, anG the
previous question ordered
Mr.. Carl desire to know the erec: OF
the vote.
Mr.. Martinet-Has this case been referred
80 the Committee on Elections and Quallt-
cations!
The Speaker-Yes, but it is not a repor.
Oh which the House has ordered The main
question. but a simple resolution.
Mr.. TuIeaud, of St. james, would state
for the information of the gentleman, that
the Committee on Elections and Qualifica-
tons after consideration OF the case re-
ferreG it to the House for action.
The roll was called on the adoption OF
.ie resolution. the vote standing u yeas 10
IS nays.
Mr.. Speaker-The Chair decides tina. the
resolution has not been adopted; it requires
& two-thrds vote to adopt such q resolution,
as il unseats certain members.
Mr.. Montaldo, of Orleans-1 appeal from
the decision Of the Chair. It does not re.
uuire two-thirds vote to pass any resOlu-
zion. It is undoubtedly a fact tina: j. does
require a twO-thirds vote TO unseat Z mem
Der OF this House. but 10 is still as well
known that the House is the Judge Of its
own members. and as it is that i takes but
majority vote 60 pass resolution. ! do
not. ia an appeal from the Chair. want to
90 INFO the merits or dement's OF this case:
bu: / refer the House to the report of the
Committee on Elections and Qualifications
of last year, and will say that the gentle.
men whose names are on the roll have never
been sworn III and are not mem beSs OF this
House.
Mr.. Murreii. Of Madison-i do not Intend
20 make speech. ! simply wan: 10 call
the attention Of the House 20 the fact tina.
if the Chair is sustained it will take two
thirds vote to pass every resolution that
comes under consideration. ] will vote
against the decision of the Chair, because !
do not want to see any such precedent es.
sablished. II the decision is sustained,
any member hereafter can rise when a reso-
ton passes and make the point of order
that it requires two thirds vote to put ii
through, and refer to the matter now under
discussion as authority.
Mr.. Carl am prepared 70 sustain enc
decision of the Chair. If these gentlemen,
who are making such fight in favor of the
resolution, can bring the case of their
friends before the House according to law,
and present the facts for our consideration,
It W.! entirely change its complexion; but
they came here with q resolution expelling
certain members and seating certain gen
ciemen, aud ask us to adopt it. 1t we do .t.
as the case now stands, with ne proof 70
show that the gentlemen whom they are try
ing to seat are entitled to position in this
House. and without constitutionally unseat.
ing the members whose places they are TO
I'll, it will establish precedent that will be
dangerous and will reflect on us, and am
opposed to it. Let those gentlemen present
their claims properly. The member from
Orleans 'M-. Montaldol has said tho men,
bers whose names appear on the yo!! We're
never sworn in~-
Mr.. Montaldo iinteryup:ing!-so ! did:
they were not.
Mr.. Gair-Their names were On me :oll.
and such proceedings as
Mr.. Devezin. Of Orleans-i rise 20 a point
Of order. J contend that the resolution
has been adopted. and there is nothing be.
fore the House.
The Speaker understand tha. there Is
an appeal. and the gentleman is discussing
that.
NJ. Devezin-The gentleman j. discussing
The merits Of the resolution.
The Speaker-He must not do thac.
Mr.. Gair-DscussiOn is evidently ooiec.
tionable. will close my remarks by say.
ng that we should establish no such prece.
dent as we will il we do not sustain the
Chair.
Mr.. T. Green Davidson. of iiyingston--if
the members OF the House will consider this
matter calmly, they will see that the Chair
S right. The case has been considered by
he proper committee, who have reported il
back 20 the House without action, and on
his a resolution is introduced. Now, what
ioes this resolution propose to do 1t pro-
poses to unseat certain members returned
Dy the legal board. IL does this, for GER
,aiHly you can seat no one while the place
8 filed by another. We all know that j.
'equIres q two-thrds vote to unseat any
member. am not interested in the case
me way OF the other, but l want to see the
Chair sustained. Tor ! want to have the re-
,oId clean.
On cal! of the yeas and nays :he Eoa.e
e!used to sustain the Chair.
TIE House then adjourned.