Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1876-12-14

ern election investigation, as provided by
Edmunds' resolution.
Harvey submitted resolution authorizing
the appointment of select committee to ex-
anime into the several branches of civil serv-
ice, and send for persons. papers, etc.
Edmunds moved to take up the joint reso-
luton proposing constitutional amendment
for the counting of the electoral votes by the
Supreme Court.
Merrin1on objected on account Of the 21st
joint rule, which provides that the unfinished
business of the preceding session shall not
be taken up for action unit, six days after the
beginning of a subsequent session.
The Chairman overruled the point, an
nouncing that the joint rules were not in
force, and besides the SD Senate rule pro-
vides that at the commencement OF the sec
ond session business shall be resumed and
proceeded with as though no adjournment
had occurred.
AIerrimon appealed from the decision. He
argued that the rules were i'll force and
neither OF the Houses could abolish them
without the consent of the other body. He
read from the proceedings of Congress at
previous sessions showing that the 21st rule
had been frequently enforced. He said the
joint rules had been in force since the eXis-
tence of the government, and this was the
first time they had ever been questioned.
After a long debate, the question being on
the appeal Of Merrimon from the decision Of
the Chair, the decision was sustained. Yeas,
50; nays, t. SO the rule is not in force.
Those voting no We're Maxey, Mer:imop,
White and Withers.
Among the absentees in the Senate when
the vote was taken were Jones, Of Nevada,
and Sharon.
Johnston argued that the Senate and House
were acting under Joint rules every day and
could not transact business without them.
The authority to appoint conference commit
tees came from the joint rules.
Edmunds said there was general parlia-
mentary rule providing for conference COM
mittees.
Sargent said when the list of committees
was reported the other day, it was accompa-
MED by resolutions authorizing committees
on library, printing, etc., to act concurrently
with House committees. This showed that
the Senate did not recognize the joint rules,
under which these committees might act.
Davis said he asked Wright when the COM
mittees were reported whether there was any
change in the usual custom of appointing
committees. Wright assured him that there
was none 1t seemed now that there was one
for the purpose of avoiding the joint rules.
Wright explained by saying that he was
occupied when Davis addressed him, and un-
derstood Davis to ask whether there was any
great change in the organization OF the COM
mittees
Morton said it was perfectly plain to him
that the Senate, having withdrawn from the
joint rules,as it had right to do, there were
none in force. He read from the record,
showing that previously the Democrats held
this view Of the case. He believed their sole
purpose now was to retain the 22d joint rule
for the counting of the electoral vote. 1t was
confessed)y wicked rule, and universally
condemned. He had been trying to abolish
it for years.
Bayard said the 22d rule Was the only OBJ
jectionable one of the last session. He at
tempted to secure the passage Of a law regu-
lating the electoral count outside Of the Joint
rules. He described the origin and workings
of the rules. He reiterated bis previous opin-
ion that the rules could be terminated at the
discretion II either House.
Edmunds quoted from his own and Merri-
mons remarks at the last session, showing
that Merrmon had changed his opinion since
then.
Merrimon said the change was wrought by
reflection.
Edmunds paid graceful tribute to the late
Speaker Kerr as man, and a patriotic and
honorable man, and quoted his decision on
this question Edmunds said the joint rules
were simply the standing orders of each, re-
pealable by either party.
After further debate on the question, the
decision Of the Chair was sustained. Yeas,
SO: nays, 4.
Withers introduced bill for the relief of |
the owners and purchasers of land sold for
direct taxes in insurrectionary States. Re-
ferred
The joint resolution proposing an amend
ment to the constitution concerning the cleo
toral count Was read, after which the Senate !
went into executive session.
Adjourned until Monday.