The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-12-13
By yTe@!e@graph
ASSOCIATED PRESS REPORT
10 THE DAILY lN1ELLIGENOER
CONGRESS.
Discussion of the Ioint Rules.
Randall Says they are In Force.
The Oregon Governor Stretched
:" on the Hot Goals.
Edmund's s and Morrison s Amend
msnts Adopted in the Senate.
The louisiana Returning Board
Denies Jurisdiction Of the
House Committee.
Xiv CON G R E SIS.
t4F' SECOND SESSION.
HOUSE.

WASHINGTON, D. c., December IL.
The House Judiciary Committee BY
vote Of seven against three decided TO re
port that J. B. Beaford should be admit
ied.to a ;seatas d, member OF Congres
iromA Colofado. The yalfimatiye vote.
we're givenby Knott, Lyhde, ,aLord, Call.
field, McCrary, Fry and Hoar, Messrs
Hurd, Hunton and Ashe, with the pres
ent minority report, taking the opposite
view.
Mr.. Lawrence was not present, hav
ing gone to South Carolina.
The committee also resolved 10 recon-
mend the appointment Of Specia
House Committee 10 inquire into the
powers and duties OF the House under
the existing law US to the counting OF thu
electoral vote, etc. A resolution for this
pnrposeEill Be reported as an addition
a clause 10 hemilitarys resolution which
provides for the creation Of Joint com
mittee 10 frame an act or construct NJ
amendment in regard 10 counting the
votes for President and Vice President
etc.
Mr.. Blair introduced constitutional
amendment forbidding the manufacture
or sale OF distilled liquors as a beverage
after 1900. Referred.
Mr.sBland demandedsthe resumption
tion Of business under the 2lst joint rule
whichreduireszthat al the second session
OF Congress the unfinished business ol
the preceding session shall be taken ur
in regular erder.
The Speaker caused the rule to be read
and decided that inasmuch as that rule
was in operation the unfinished business
OF the last morning hour OF the last sea
sion must have preference. "a
Mr. Burchard suggested that, ,rwhile he
had, no objection to the resumption lol
the business Of the last morning hour oI
the last session, II should be resumed
under rule 1856 Of the House.
The Speaker remarked that both rules
were to the same effect, except that joint
rule H-was=i s=inhperatiyey using the word
"shall.' g-rts,,,
Mr.. Garfield said he had no objection
toIthel ruling Of the Chair under the 1S6th
Rule Of the House, but II that ruling i'm.
Piled that the 2lstJoint Rule was in ex'
istence and binding upon the House, he
should respectfully appeal from thatde
cision.
Speaker-The Chair so decides.Sf1
Mr.. Barchard7rIt II, unnecessary tC
appeal from the decision OF the Chair SC
| far a. the lsGth Rule IL concerned,
Nj. Garfield 10 not take that ap
Mr. Barchard2-The question doeahot
arise whether the 2lst Joint Rule Is In
force or not, and before the Speaker de-
cides that question, II Il should arise, ,the
gentlemen on this side OF the Honse de
sire to Be heard pponit, -
Mr.. Garfield said he agreed perfectly
with the ruling Of the Chair, under l86tt
rule. but he. wanted to call the attention
Of the Chair to the fact that the joint rule
which had been referred TO, and which
was printed fn the House volume and
rules or digest, was not printed rs, Q role
iofethel present Congress, but the joint
rules were headed "Joint Rules and Or
ders. Of the two Houses. as they -existed.ai
the close OF 43d Congress-
{ speaker-TheS were put in there
without authority Of any one who had 0
right to authorize II.
h Mr.. Garfield Icoitiiued to quote from
the digest 10 the effect Tint the Omission
was explained by resolution OF the Sen.
ate OF January 22, 1875, setting It out in
full, that the resolution asked the con.
currence Of the House and had been re.
ferred to the Committe on Rules, but had
never beer. acted don. This same question
had arisen last week IN The Senate, and
It was then determined, with but four
dissenting votes, that there are no joint
rules in force.
Mr.. MeCrary sent TO the clerks desk
ind had read ah extract from the House
proceedings Of last session to show all
that on question which then arosespeak-
each, House, The. right tol adopt itss oyn
rules. andithd right could not Be super
ceded.
The Speaker remarked that theextract
Just read, confirmed in 4 remarkable
manner, Ills present judgement, as In
that discussion the word Joint was not
once used, but the whole discussion had
reference only 10 the House rules prop
er, and implying that The joint rules
were to be reached 10 some other way
than by simple Setion o. the House.
Mr., Garfield argued that no rules,
either joint or several, can bind the
House except By is consent, and that the
proposal that i Joint rnle coming from a
former Congress had any more authority
on the Eorty-F Fourth Congress than a
House rule had, Sag litinot absurd) Ger.
tainly untenable. y
Speaker-Hds not ahe gentleman him.
self frequently Sin former Congresses
moved 10 suspend The 10Th and 18th Joint
Rules without those rides having been
formally adopted by that Congress?
Mr.. Garfield Certainly. & ] admitthat
freely, and for the reason that whenever
tie tvo houses bf Congress pr oceed, with
oril challenge 10 act Under the rules there
is an implied assent to those rules aud
they are tacitly adopted. But the as.
sumption Of the Speakers ruling to-day
Is that the House caud bind the Senate, to
;be governed b j Tie rtilesto whieltit does
not consent, and OF course vice versa. In
that way Congress that sat ten years ago
could bind all later Congresses forever
unless one body choose TO release others
from old obligations o. ID dead Congress,
thus absolutely iysnullifyIng the Constitu.
tional priyiIeseset' the House and also