The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-08
CONSERVATIVE LEGISLATURE VIM
DICTATED,

r Mr.. Phelps Of the Congressional Commute
- condemning the action ofthe Democratic ar
I Conservative members Of the Legislator
His opinion was evidently formed hastily an
upon insufficient data. We hope, upon
y more careful examination Of the case, he wi
recall the expression Of opinion upon til
: point which he has so pre- naturely given.
s The first material inquiry is to ascertain th
facts as to what they did, and this upon VI
disputable data.
The House Of Representative assembled q
the hour designated by law.
: The clerk of the previous session of tn
Legislature appeared with list, certife,
by the Secretary State, of the members de
clared by the Returning Board to be entitled
to seats.
He called the roll according to that list
One hundred and two names answered the call
Fifty-four were quorum Of the members re-
turned by the Returning Board.
At this stage of the proceedings, a member
moved that Mr.. Wilt be made temporary
Speaker. The vote was put by member
and his selection was carried by reclamation.
He took his seat as Speaker. An election was
held for Clerk and Sergeantat-Arms.
| These officers were elected and put in pos
session of their offices.
| The Returning Board had failed to act
upon the returns of five parishes, known to
have voted largely in Avor of the Democratic
and Conservative ticket
Tho decision upon the election in these
parishes was referred to the Legislature.
This was a palpable violation of duty Oh
the part of the Returning Board
There was no contest as to the parties en-
titled to their seats in the Legislature from
those parishes.
As the question had been referred by the
Returning Board to the House of Representa-
tives motion was made that the members
who had been VIGOROUSLY elected by the re-
turns of supervisors of election. should be
declared to be entitled their seats. That mo-
ton was carried.
A motion was then made to 60 into the
election of permanent Speaker. 1t was car
ried and the election held. Mr.. Witt re-
ceived tifty-iive votes, Mr.. Hahn two-one
vote blank. Fifty-eight members having
voted many members present in the House
refusing to vote) MIR. Witt was declared duly
elected permanent Speaker. The House, as
thus organized, passed upon various contested |
seats, unseating persons returned as elected
by the Returning Board and seating members
July elected by the ballots cast at the election.
Some hours had elapsed in transacting the
oregoing business, when the United States
military interfered, and dispersed by force
he House as thus organized.
Mr.. Phelps appears to think this organiza-
lou illegal. He does not explain in what
aspects it was illegal, but refers to the act OF
S72 ns having been violated
1t is only necessary to quote the act to show
low unfounded was his hasty impression:
Sec A. BE- Il .fu,ther enacted. etc., Tha. il
hall be the duty of the Secretary of State to
ransmit to the Clerk of the House OF Repre-
entatves and the Secretary of the Senate of
he last General Assembly a list Of the names ,
T such persons as, accordieS to the returns,
hall have been elected to either branch of the II
General Assembly, and i. shall be the duty of a
ne said clerk and secretary to pkace the names q
the Representatives and Senators elect .
furnished upon the roll of the House and
the Senate, respectively; and those Rep
and Senators whose names are So $
laced by the clerk and secretary, respect v
ely, IL accordance with the foregoing pro- .
sicns and none other, shall be competent to
ganize the House of Representatives or Il
nate. Nothing in this act shall be con L
q n ~ vx,1yh ~, a. 49, |
tuition of the State. :,
1t will be seen by this act that no other e
lty or power il assigned to the clerk than !,
nply to place the names Of the persons re- 4
rned as elected upon tho roll of the House. ?,
This he did, and went further, by calling r
at roll. No law whatever made him either
mporary speaker, or in any manner an 1
orlzed him to participate in the orgaziga- =,
N Of the House, :.
Art. %. The House Of Representatives stall o.
Dose its speaker and other officers. :. 8.
Art. ~. Each House of the General A. 81
nbly shall judge Of the qualifications of its ar
IN pers, but contested election shall be de- fla
mined 10 such manner as may be prescribed ,;
law. -
Art 35. Each House of the General Assem- ~
may determine the rules of its proceed w
IS, punish member for disorderly con Le
It, and with concurrence of two-thirds. e1-
member, but not q second time for the
ne offense. up
t will be thus seen that the Constitution tn
IS not point out any particular mode by be
ich the House shall elect Speaker. No by
OF the State makes any such provision HI
mode that q majority of the Legislature We
adopt is, therefore, ipso facto legal. The pa
'tlon Of Mr.. Wilt as temporary Speaker me
), therefore, legal. 1t had very noted -
cedent in the action of the House of Rem cu
entatives in Congress, in the famous con- if
growing out Of the election in New Jer- an,
he House appointed Mr.. Adams tempo the
7 Speaker, and he so remained for con- nu
erable time, the business of Congress pro- wiz
ding in the interim as usual. A House of
,nized with a temporary Speaker is lust az Dol