Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1875-02-05
Pennsylvania Eegislature.

| scene wnlch occurred during the session OF the
Legislature, on Monday evening last
THE LANCASTER PETITION FOR UNsEATIS6 sIR.
| RosENMILLER.
Mr.. Tally moved that the House take up the
| consideration of the petition in regard to the
eligibility Of the member from Lancaster, Mr..
| Rosenmiler.
Messrs. Leigh and Agnew raised the following
| point of order:
The paper referred to having been approved
before the organization of this House, and the
law on the subject of contested elections requir-
ing that petitions Of contest be presented to the
! House "within ten days after its organization, -
| and the paper referred to by the member from
Delaware not having been presented within ten
days after the organization of the House, it is
not now in order.
| The Speaker having decided the foregoing
point of order not well taken, we respectfully
appeal.
(Signed) JoHx W. LEIGH,
J. B. AGNEw.
Mr.. Patterson (Mr. Lusk in the chair) said ::
The decision of the point OF order by the Speaker
was made under the motion Of the gentleman
| from Allegheny (Mr. Irwin), made on the first
! day of this session, that this matter was laid on
the table until the members should be sworn in.
Mr.. Irwin explained as his reasons for making
the motion at that time was that it might be
| taken up again.
Mr.. Wolfe had some doubt at first as to wheth
er this point was taken, but had come TO the
conclusion consideration that it was, both petit
ton and motion were out of order, as the House
could do nothing then, not being legally organiz-
/ ed.
| Mr. Huhn made an able speech at length in
support of the appeal and point Jf order.
! Mr.. Talley thought tie gentlemen were dis
cussing subject that they had no right. When
the subject was up before they had said that it
should be taken up again, and now they would
rule out the petition on the grounds that the
| people of Lancaster are a contestant. We call
it up now and ask that it be referred TO the Com
mittee on Elections.
Mr.. Gunster thought the gentlemen on the
other side were dodging the question, that the
question Was not whether Mr. Rosenmier had u
right toa seat, but simply to refer the whole
matter, which had become part of the House
/ record, TO committee, and while they raised a
cry against making the matter n partisan one,
their whole argument was based upon partisan
grounds.
Mr.. Leigh read from the remarks of Mr. Piper
when this matter was up before, and drew the
conclusion that he (Piper) was piping differ
ent tune TO night" and proceeded to speak at
some leughth in support of his appeal.
MIR. Morgan called the attention of the House
to the fact that the petition referred to had never
been laid upon the table, and the motion now 10
take it up would be qualification of the House.
/ Mr.. Wolfe rose second time to refute the
arguments of the gentcman from Luzcrne TMr.
Gunsterl. He agreed with him that the terms
Of members began when elected, but until they
were sworn in they could rot enter upon the dis
charge of their duties. He also held that q petit
tion could not be taken mp except as all original
petition if it had never ut all been presented
to this body.
! Mr. Irwin (Allegheny) held that the petition
now hud position on the records of this House
and had u right to be called up at any time no
matter how it got there.
J Mr.. Campbell supported the appeal, and gave
some wholesome advice to the Democratic side
of the House in regard to buncombe speeches.
/ Mr.. Fincher thought if this point of order was
| decided in favor of the party moving, Il whole
months labor was thrown away, as no &C; of the
House since its organization would be legal, and
thought this was the whole drift of the other
side.
! Mr.. Leigh proposed to withdraw his appeal if
Mr.. Talley would withdraw his petition.
! Mr.. Tally thanked the gentleman for his kind
ness, but stated that he considered his action
correct, and under no circumstances would he
withdraw his petition.
! Mr.. Patterson (Speaker) decided that the
members of the Legislature were sueh from the
time of their election, and that the petition could
be taken up.
| Upon the appeal the yeas and nays were called
and were as follows:
YEAs-Messrs. Achenbach. Andre, Austine,
! Backus, Bedford, Boyer, Brown (Jefferson) },
/ Buck, Carver, Conrad, Crawford, Darby, Deyar-
mon, Dry, Durling, Eldred, Embrick, Erwin
| (Northampton), Everhart, Fauncc, Fincher,
! Foge, Foster, GafIey, Geiselman, Gemill, Cor
man, Graft, Gross, Guuster, Harvey, Rasson,
Hayes, Henry, Hctrick, Holland. Irwin (Alle-
gheny), Jamison, Kennedy, Keyser, Kmmett,
Kistler, Knipe, Large, Andrew, Large, s. P,
Law, Lecron, Lewis (Luzerne), Lotus, Logan
| (Crawford), Lusk, Lynott, Massey, M'Henry,
M'Lean, M'Nite, Miller (Berks), Monaghan
Myers, PALATE, Piper, Plummcr, Reuter-, Rich
arison, Rutter, Shidle, Shugert, Smith (Berks) },
Spang, Spicer, Stable, Steck, Stevens, StOtzer,
Swan, Talley, Terry. Thornton, Toner, Wanuer.
Willett, Williams (Clarion), Wilson, WINNER,
Wise, Wishar,, Wilmington, Yerkes, Zern and
Patterson, Speaksr-Yeas, 100.
| NAYs-Messrs. Agnew, Allen, Bai,y, Bake
oven, Bardsey, Barnett, Billingslcy, Blatt, Boyd,
Campbell, Carey, Carson, Chrisman, Cruikshank,
Dckey, Douglass, Edge, Ettla, Falkenbury,
Findley, Fortenbach, Fredericls, Gehr, Gillespie,
Good. Graham (Allegheny), Graham (Philadel-
phia), Hill, Hofier, Hostetter, Huhn, Humphrey,
Kimmel. Knight, Leigh, Lewis (schuylkill),
Logan (Erle), Long, Losch, Loudenslager, NJ
| Gowan, Miller (Somerset), Miner, Mitchell,
Morgan (Lawrence), Morgan (schuylklD, Mos
Grip, Mumford, Newell, Nisley, O'Neill, Patter-
sou (Philadephia), Petroff, Phelps, Quirk,
Rawlins, Reed, Reyburn, Rice, Ringgold, Roberts,
Roney, Latter, Schoch, Shonk, Souder, Stewart,
Stober, Thompson (Armstrong), Thompson (In-
diana), Tracy, Vodges, Weudt, Williams (sus-
! Mr.. Wolfe said that before the above vote was
announced he desired to raise point of order
that it would require two-thirds vote to carry
the motion of Mr.. Talley.
scene Of some confusion ensued, several Re
publican gentleman rising and affirming that
! they had not heard their names read by the clerk
as voting in the negative.
| The Speaker announced The vote on the ap-
peal.
Mr.. Wolfe raised the point of order that it re-
quired j two-thirds vote to take up this petition,
as it was original petition and would require
q suspension OF the rules.
The Speaker ruled the point out Of order.
! Several motions were made on the Democratic
side of the House to adjourn.
Mr.. Wolfe insisted on holding the floor, stat
| ing that while motion to adjourn was regular,
| il was not in order to make while = member was
| occupying the floor. He had submitted point
of o,Ger in writing, and if the Speaker decided
! To anpeal from that decision.