Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-12-04
Mr. Ranks replied that the oath could he
Administered hN any mem h.ar

| organization OF the House and no one right
la a seat would be in any manner preiudicod
| thereby for he would be admitted Afterwards.
| Mr.; Banks-He loses his right 10 vote for
| Speaker.
| Mr. Holman commended that the case now
was not as IL was in the preceding session
| when the clerk put all names on the roll.
| whose credentials he had received.
| Mr.. Banks argued that the election OF a
| Speaker was n matter secondary 70 that %
| swearing in a member or putting his name
| on The roll, because the roll determined who
| ~ was that was entitled 10 vote for "A Speaker.
| The act of the clerk placing members name
| ON the roll IL prima facie evidence that he
mas right TO vote but il The clerk neglectS
| 70 perform That duty there il nothing 10 pre-
| vent the House from doing il. There are
| half dozen gentlemen here who have the
| proper CREDENTIALS from the governor, and
| whose rights 10 their seats are uncOnteSie ed
| aud their names should all be- placed on the
| roll i'm order that they may have n voice in
| The election of the Speaker. The gentleman
| from Indiana could not find n precedent
| where a gentleman who came here with the
| properly authenticated certificate of tile gov
| crnor OF his state had been refused admission
| To his seat.
| Mr.. Luttrell wanted 10 know what official
| evidence there was that Colorado was a state.
| Mr. Banks said the President had 80 pro-
| claimed il.
Mr.. Holman said that under the law the
1 clerk placed on the roll the names Of MEM
| hers certified 10 and shown 10 be elected.
| There was no proper authority TO determine
| whether the gentleman from Colorado had
| been properly elected.
| MY Dtilks Ndlu lat tne law nreScrlbeS a
| ministerial duty To be performed by the clerk
| but the Constitution gives the House the
| power 10 say who shall vote for Speaker. He
| repeated That there was no preced, mt where a
| gentleman holding the certificate had been
rejected.
| Mr.. Hamilton, of New Jersey. said there
was pIecedtht. In the New jersey case IN
| 1853, the names of members from that State
| were not placed on the roll. although they
| held certificates of the governor.
| Mr.. Banks replied that that was not correct
4 IN that fl.ara
| two delegations, and il was impossible 10 saw
| who should go on the roll.
| Mr.. Waddell said there was n precedent in
| his case. HR came here to the 42l Congress
| with the governors certificate, and was re-
| fused admission.
Mr.. Banks replied that the question of dis
| ability was raised in that case.
| Mr.. Holman commended that under the rule
and the 2lst section OF the Revised Statutes.
| II was the duty of the Clerk TO place on the
| roll at a second session OF Congress the
| names only OF those who had appeared a.
members of the first session.
| Mr.. Wike objected 10 any proceeding that
| would recognize the admission Of Colorado
as "a state.
Mr.. Clerk Adams said that both Mr. HoI-
man and Mr.. Banks claimed that their reso-
lutions were questions OF privilege, and ne
could not rule upon il until Mr.. Holman'S
resolution had been read. The resolution
was then read. II rectes that the House OF
Representatives has been informed since the
adjournment OF the first session Of the 4lth
Congress that Hon. Michael &. Kerr, the
speaker Oh lue House. fldO ueparteu this life.
leaving a vacancy IN the Office OF Speaker,
and resolving that the House do now proc aei
TO elect Speaker rird rOce.
Mr.. Holman said This was evidently the
highest privilege, and as all the members
entitled 10 vote We're on the roll, lac would
move the previous question on his resolution.
Mr.. Banks argued that the law in relation
TO making up tie roll applied only TO a new
Congress, IL gave q primia facic right To
vote, but did not prevent the House taking
further action.
Mr. co;l 1, -
inside of the law than To go beyond II. The
gentleman from Colorado may be entitled 10
a vote hereafter, but he is not entitled % be
placed on this roll.
Mr. FRYE also rose 10 n question Of privi-
lege ard presented the credentials Of Mr.. Ed
win FIVE, elected Representative from the
ID district of Maine IL was certainly proper
that his maine should be placed on the roll.
Mr.. Wood argued that the organization of
the House was the highest question Of privi-
lege row pending.
Mr.. Frye said that Mr.. Flye should not Ger
tainly he deprived of his vote.
Mr.. Wood said there were four or five gen
tlemen who had been elected 10 nil vacan-
cics during the recess. A Speaker should
first be elected and then he can administer
tie oath OF gentlemen who appear with pro-
per credentials.
Mr.. Frye again rose. but was met with de-
mands with the regular order from the dem
ocratic side.
Mr.. Banks said he wanted the regular order.
and that was that the clerk submit the ques-
lion TO the House. The clerk could not de
eide whether a member should be admitted
or not
Mr.. Clerk Adams had read the 44th rule TO
show that in the organization of the House
the Clerk administered the rules the same as
the Speaker would do il there were one; that
he could decide the case. but that an appeal
could be taken To the House. He would
therefore decide that Mr.. Holman's resOlu-
ton took precedence Of the motion made by
Mr.. Banks.
Mr.. Banks appealed from that decision. and
Mr.. Cox moved TO lay the appeal on the
table.
The latter motion was agreed to by party
Vote-yeas l65, nays ~.
Mr.. Holmsn's resolution was then adopted
and the clerk announced that nominations
for Speaker were i'm order.
Mr.. Cox nominated Mr.. Samuel j. Randall.
of Pennsylvania.
Mr.. McCrary nominated Mr.. James 4. Gar
field. of Ohio.
Messrs. Clymer, Banning. Banks. and Will
son were appointed tellerS and the clerk pro-
ceeded To call the roll.
MR.. RANDALL ELECTED SPEAKER.
The tellerS subsequently announced that
2iG votes had been cast. of which number Mr..
Randall received l6l Mr.. Garfield -: Mr. G.
q. Williams. OF Wisconsin, one; Mr.. MOrri
son one, and MIR Hoar one.
Mr. Randall was therefore declared elected
Speaker. and AiesSrS Cox and McC rary were
appointed TO conduct the Speaker elect to the
Mr. Holman administered the oath OF office
10 the speaker
SPEAKER RANDALL THEN BRIEFLY AID
DRESSED THE HOUSE.
thanking the members for the honor con-
fcrfed. and calling attention To the fact that
he was elected 10 the post on account of the
death OF Speaker Kerr, TO whom he paid
high eulogy for the purity OF his public and
private life. No one could appreciate more
than he (Randalll did the great honor of
being called upon To preside over the |
deliberations OF the Representatives OF the
American people, and i'm the discharge
Of his duties he should endeavor |
TO be absolutely fair and impartial, and |
while upbOlding all the rules OF tie |
House, he should protect each and every |
member i'm his individual rights. The House |
stands now in the presence of events which. |
i'm the last degree demand the most careful |
consideration of every officer OF the govern '
ment, ard he expressed the hope that The rem
resentatives of the people would act ONLY with
keen sense of right. and so as 10 carry ont
the just expectation OF the people, and TO en-
force the right.
Mr.. Randalls remarks were applauded
The modified oath was then administered
TO Mr.. stephens. Of Georgia.
The credentials of the following gentlemen
We're presented, and they were sworn in. yjx-
MeSsrs. Levi Warner, 4th district of Connec
ucut; Edwin Flye. Sd district of Maine: =
Humphres, I'd district OF Indiana: A. c. Carr
"a district of Indiana, and w. +. stanton, Il
I'm district OF Pennsylvania.