National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-02


pretended TO be passed.
Il Q. We're you o member of the Legislative
Councili A. Yes, sir.
Il @. Whydoy you say stpretended TO be passedf'
A. Because calculated, from the Journal Of
the Council and the journal of the House, and
rom interference of the Legislature, that the
bill never did pass.
@ Did 1t receive q majority of the votesf A.
claim, under the rulings, of the particular
motions and the violations of the rules, that
govern our body that the bill never passed.
Q. Did It receive majority Of the votesi A.
II did subsequently. The bill that was offered
did. It required each bill to be read three
times under the organic act.
Mr.. Mattingly. Mr.. Claggett's construction
Of the rules, as adopted by the House, as un-
stand it, is that the law did not legally pass.
Il is only his construction of the law.
Mr.. Christy. We desire to offer In evidence
the journal.
/ Mr. Merrick. Let me look at the journals.
Mr.. Mattingly. If this committee is going to
| inquire into that
| Mr.. Bass. 1t is a question as to the validity
Of this law, I supposed
The Chairman. The object is to show that
| this Is not q law, rFE .sET q ~ ~
| Mr.. Mattfngiy. Yes, SIR. -s 81
| The Chairman. Is that the design of COUNSEL
| Mr.. Christy. Yes, sir; that is our purpose.
II is a matter in which we are all largely in
terested, l am sure.
Mr.. Hubbell- Is it for this committee to de-
| termine thatl
Mr.. Wilson. I think when the law is promul-
gated as q Law
Mr.. Jewett. What is the object in asking us
to 20 behind this lawi q
| Mr.. Merrick. We call attention to the points
| in the journal showing the manner in which the
law was passed. g.,
Mr.. Christy, We present the records to
show
Mr.. Jewett. The object is to show that the
Legislature did not act in conformity
| Mr.. Merrick. In conformity with the law of
| its being.
| Mr.. Jewest. With its organic law and its own
rules. o. ~
| Mr.. Sheilabarger. And its own journals will
| show the fact, as ! understood the fact. that
I this witness is familiar with the journals, and
can point out to the committee the parliamen-
tary point that determines the question of the
passage of the act.
Mr. Mattingly. May I ask you Just here, Mr.
Shellabarger, whether Mr.. Claggett's opinion
does not depend on the construction Of the
ruling made by the Speaker of the House as to
a rule of the Housed
Mr.. Claggett. No, sir. ! claim that the
officers Of this government came there and in
terfered with legislation, and passed that bill
over my motion. Every one of them, from
Governor Cooke down to t lowest official in
this city, came there and took possession of the
Q. State what happenedl A. If you viii let
me explain, will show the committee how
things are ruled and regulated in this city.
NJ. Jewett. Go on, sir.
Mr.. Stewart. Let him go ahead.
The Chairman. You can state the circum-
stances.
Witness. You are all members of Congress,
governed by rules, and so are we. will state
that we did not comply with the rules that
Congress has laid down for US to pass laws,
and that this law was not passed under these
rules.
By the Chairman: Q. State the circumstances
that took place. A. To make the story short,
this sewer bill passed the lower house, the
House On Delegates, on the 18th day of June.
According to the record, the Committee on
Enrolled Bills reported that bill to the Council
as having bee n properly enrolled and signed by
the two Speakers. 1t was then handed to Gov
ernor Cooke, who signed It. It was law; but
with the interference of William A. Cook, the
attorney for the District OF Columbia, the bill
is not very perfectly drawn. If you will read
that law, 1t is q disgrace. -
The Chairman. We will read It. /
The Witness. / made point on that bill; |
that the bill would not do what it pretended 10 |
do, and William A. Cook said il must come |
back and be corrected. On the 2Sth of June, |
which was the last day of our session, Mr. |
Dyer, the chairman of the Committee on Sew
Governor be requested to return that bill for cor
rection. That was on the 18th, the last day. |
Instead Of correcting they undertook to amend |
it. They did not count noses when they |
wanted to take the vote, and the bill was lost. |
They then sent word to the officials of this |
District government that the bin was lost. |
And they came there in q body almost, might |
say, and interfered with the legislation of that
house, and had that bill pretendedly passed. |
The bill was amended; the bill that was origi- |
nally passed Governor Cooke had put his. pen |
through the signature. twas brought back to |
us amended, and the amended bill was offered |
on the 26th day of June, the last day of our
session, which virtually shows that there was
majority of the house; that this concurrent |
resolution to bring it back was never offered in |
the Council OF all.
Q. 1t was offered only in one housed A. Yes, |
sir; and we took It as a fact that we had that |
bill back, and we amended that bill and the |
other bill was erased. They took the last leaf
in the old bill, tore 1t of, put in an amend |
ment, and signed 1t and claimed that to be |
law. claimed that that is no law at all.
By Mr.. Christy: Q. What does the organic |
law provide in regard to the number of days |
upon which bill shall be readl A. A bill |
shall be read three different times and upon |
three separate days.
The Chairman. We remember that; that it |
requires that it shall be read on three different
days. l remember that very well in the or
ganic act. ITO the witness.1 This bill was
brough. back by resolution of one body9 A. OF |
one body.
Q. Which body was that? A. The lower
house. .
Q. The house of which you were q memberl
A. Yes, sir.
Q. 1t was brought backl A. Yes, sir; we
took it for granted.
Q. Then It was amended A. Yes, sir.
Q. Passed your bodyi A. Yes, sir.
IlQ. Was II sent again to the Councili A.
Yes, sir; without their having eoncurred in
asking the Governor to return it, and then they
refused it. $50 ---
By Mr.. Bass: Q. That was brought back
at.er 1t had been actually signedl a. Yes, sir;
the bill came in our place with the signature
Governor Cooke, with pen drawn through it,
and that bill the last leaf of it torn of and this
amendment put in.
By the Chairman: Q. What was the nature
of this amendment A. claimed that in one
of the sections where it provides for tax to be
paid in installments that the installment shall
run at interest, and II reads that III any per-
son shall neglect or refuse to pay the first in
stailment, then the Board OF Public Works
snail issue certlhcates.
:, Y, TOT .he wnoie, A Mhien certlnca1e
H.