The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-13

lew ORLEANS, WEDNl
, The House Of Representatives assembled
on Wednesday, Decem Ger %, 1889. On tn
} 25th of December, 1889, being still without {
J temporary organization, Mr.. Adams Up. 10
arose and said: 81 am under the necessity O
appealing to you, fellow citizens, to set aside
the decisions of the Clerk, and act for your
selves. propose that the House shall act il
whatever form it pleases; it may elect q tenn
porary Clerk or not, as it thinks proper.
put this question to the majority of the
House. 1t is their duty to organize it, and
therefore they ought, as a preliminary step
to put themselves into such a situation that
no decision Of the Clerk can force upon the
House an organization in the manner he die
tates. The House may set aside the Clerk,
but is not forced to obey his despotical
dictates" The Clerk had refused, and was
refusing, to call the names of the members
from New Jersey, their names not appearing
on the roll, which he had made up in accord.
ance with past usage. He had omitted to
place them on the roll because two sets OF
claimants appeared for the seats Mr.. Rhett
Up. 19) then offered resolution that Louis
Williams, the Oldest members of the House,
be appointed Chairman Of this meeting until
the House organize. Mr.. Williams declining
to take the chair, Mr.. Rhett Up. 2O) ''then
varied his motion, so as to call Mr.. Adams to
to the chair instead Of Mr.. Williams, and put
ting himself the question to the meeting, it
was carried and Mr. Adams took the chair. -
The temporary organization OF the House was
thus effected.
| During this temporary organization, Mr.
Duncan (p. 26) observed "that he under
stood yesterday that after the appointment OF
Chairman the rules of the last House of
Representatives were adopted for the govern
ance of this House for the time being. One
Of these rules required that the yeas and
nays should be called alphabetically. Now
he wished to know of the Chair if the yeas
and nays would be called if demanded, and
how. The Chair stated that the rule did not
apply, because the organization of the House
was not completed. The yeas and nays,
therefore, could not be called"
Thereafter the question arose on the second
branch of Mr.. Rhett's resolution in the fol-
lowing words, '.and after the names of such
members are called, and before Speaker is
elected, they shall, provided there be q
quorum Of such present, then hear and adjudge
upon the election returns, and qualifications,
OF all claimants (Messrs. 1ngersol and Naylor
excepted) to the seats contested on this floor,
which motion was carried yeas, 1873; nays,
49," During the progress of this debate Up.
53), Mr.. Wise said: s'In order to illustrate
the position Of my colleague, 1 will state that
the Chair decides that he cannot put the ques-
ton on his appeal while the election is going
on. Now, from that very decision my col
the motion of the gentlemen could be offered
when a Speaker was chosen, but that he
could not take an appeal when the House was
in the act OF electing Speaker. Mr.. Wise
then said: Here is decision that an appeal
cannot be taken. Is it not competent for my
colleague to take an appeal from that decis-
ion? The Chair, certainly not, SIR
Under the Constitution OF Louisiana, before
quoted article SO, no call for yeas and nays is
allowable, even in permanent organization,
unless demanded by tro members, and there
is no constitutional right Of appeal from the
decision of the chair.
in the election of MIR. Witt as Speaker, no
two members called for yeas and nays, and no
appeal of any kind was taken from the ruling
of Mr.. Wilt, either as temporary or perma-
nent Speaker.
The temporary organization by which Mr..
Wilt was called to the Chair, was made when
there were 1O2 members present, an ample
constitutional quorum. There Was vote in
his favor, and no votes against him. He thus
became temporary Chairman, without any
Of a body composed of 1O2 men,
bers.
The statute Of 1872 cannot be urged against
this, because the persons present were the
same persons named in the statute, having
been returned by the Returning Board.
The next step was equally legal Five
members, representing four parishes, had
been elected and the returns showed that
they had been elected. Under Article 46 the
Board should have returned their
names to the Secretary of State, and he to
the Clerk, for the article specifically requires
the returns of all elections to be so made.
No one was contesting their seats. Their
1rima facie title was clearly without dispute.
The seating in no manner affected the right
of INSTRUMENTATION. Mr.. Wilt and his
political friends in the House would have
violated Article As of the Constitution if they
had not admitted them to voice in the cleo
ton Of permanent Speaker. !
They were therefore properly admitted, |
care being taken to reserve the right of any
one who chose to contest their seats.
The body then proceeded to elect a perma- |
nent Speaker, and upon this vote an ample |
quorum was present, and more thana legal |
quorum voted, there being afty-fve votes for |
Wilt and three for opposition Republican |
candidates.
Mr.. Wilt thus became legal perm amen
Speaker.
A Committee on Credentials was then ap-
pointed, of which Michael Hahn was mem
Der, and he retired with the Committee. The
Committee returned, after some delay, and
reported in favor of admitting sundry other |
members, and Mr.. Hahn reserved his right of
making minority report. During the whole
there were no appeals taken from
the rulings of either the temporary chairman
or permanent Speaker.
Thus organized the House of Representa-
tives of Louisiana, the 4th day of January,
1875, in strict accordance with the Constitu-
lion of the State and precedent. This Or
ganization was destroyed by the interference
Of Federal troops, to whom the Legislature
refused to submit until overpowered and COM
PEELED by actual force.
Whether this armed Intervention is to stand !
IS a precedent becomes vital question to
,very State in the Union.