The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-08-03


neucing on July Z, and adjourned Septem-
Der l, 1856. The Twelfth Legislature COM
nenced session on the twelfth of April,
and adjourned on the fifteenth OF August
The late Constitutional Convention com
nenced its session on the first Of 5 prem
Der, and adj ,urned on the twen'y-fourth of
November.
These precedents would justify a re-
ass milling of the Legislature at tins time,
even If the public exIeencies would permit
its postponement for more comfortable
season, instead of pressing upon us Is they
10 for immediate actI"n.
The clauses of the Constitution con
fernng the power upon the Exvcu-
NV: To convene special sessions are
b lieyrd t. have b-ch inst rted as a
provision fJr cxtr turl!niry' occasions,
.ghlch could not b: fnrvseen aud provided
for by regular session of ia l. -gIslature.
1t is not believed 10 have been in the con
temptation of the trainers of the Cnnstitu-
ton, as it certainly is not dtducIbie from
the language of that instrument, that tie
extraordinary occlsionn referred to, could
or would he crea ed Inv the act Of a regular
session adjourning sine die leaving the pub
lie business Unfinished. If this conclusion
be correct, and 1t seems unquestionably so,
while the Legislature is admitted TO have
the physical power to adjourn, Las 1t the
or moral right thus directly
to refuse the execution of high trust vol
unfairly assumed, with full knowledge of
all its conditions 1t seems to me that this
question must be answered in the negative.
If your honorable bodies will ad journ,
it will be well to remember that the follow
ing consequences will Inevitably ensue:
l. A special session of the Legislature,
to he called Immediately, at cost to the
State at least two and half times greater
than if the present session were continued
ON account of the increase of the pay OF
members from two dollars to five dollars
per diem.
2. A large portion of the cost of your
past labors in placing bills in the different
ages of the progress they now occupy
Will be thrown away, as the same bills IN a
special session must be introduced again,
referred to committees again, and reported
TO the houses again for their action.
3. The Safe Is entitled to the collective
Judgment of the two houses as to what
subjects should be legislated upon, OF
which she will be deprived. because in spe
cial session the judgment of the Governor
alone dictates the measures upon which the
Legislature shall act.
- view of these considerations, and ot
the bad precedent, the more perncious be
cause of the high authority which will
have established it, the honorable Legisla
ture is earnestly requested to rescind tn,
resolution of adjournment and continue
the transaction of the public business which
it was elected and has assembled here to do
Very respectfully, RICHARD COKE.
A message frnm the Senate was an
nOunced, and Senator's Douglas, Martin
and Grace entered, and beng recognized
by the Speaker, presented the following
message from the Senate:
WHEREAS, The Senate heretofore on thu
fifteenth day of July passed a resolution
fixing the day for adjournment sine die
and
Whereas, 1t now appears that a larg
amount of important business remains un
finished by the two houses; therefore,
ReSOlDed, That a committee Of three mem
bcrs be appointed by the President to wal
upon the House and notify it that the Sen
ate will continue its sessions during tn
day. and until such time as may be hereaf
ter agreed upon by both houses for adjourn
ment.
Mr.. Baker moved to adjourn to 3:3
p. NJ.
Mr.. Deuman raised the point of orde
that the motion to adj ,urn could not b
entertained.
The Speaker Overruled the print, Stain!
that the motion to al jpurn was always il
order.
Mr.. Barz'za appealed from the decision
of the Speaker.
The Speaker decided that the appeal wa
out of order. for If an appeal on motto
could be entertained, and then call of tn
Ii ,use made made on the appeal, the Hous
could be kept sitting, against lis will,
there were any absentees.
In deciding that the appeal made by MI
| BAHIA from the decision of the Speake
ON the point of order in relation to the INC
ton 10 adjourn was not in order, tn
| Speaker SAID that in the very nature O
things no appeal could be allowed in sue
case, for, if an appeal was allowed, then
call of the House on the appeal would b
in order, and if there were any absentees
then the pending question which Is tn
motion to adjourn, would lie on the table
acc riding to The rule of the House, and b
such proceeding very small minority coul
keep the House in session against the wi
of ma j"nty. If such p oceeding WeI
allowed, factious minOri, could, by rai
ing point of order on every motion To ad
jour-, and then appealing from the advers
deci.ion of the Speaker and then mOvin
a call of the House. keep the House in Sc
sion against the will of the majority f.
days or weeks, and that, too, whether tn
point of order was founded in reason q
dictated by captiousness.
Mr.. Kessler raised the point that til
House of Representatives could not ad ,ur
to later hour than IL NJ. to-day, that hot
having been fixed upon for final adj Iurl
ment 10y both branches of the Legislatu
by II concurrent resolution which had new,
been rescinded by the House.
The Speaker overruled the Point, as IL
House had always the right to adjourn.
MIR, Buzz Ia appealed from the decisiC
of the Chan.
! The Speaker decided that the appeal W,
out of order and would not he entertained
Mr.. Buz'za appealed from that decision
claimed the floor and stated that he woul
not surrender it or take his seat unless
was forced thereto by the Sergeant a
arms.
| The Sergeant-a.-arms was instructed
seat the gentleman from H iris, and did 81
The Speaker overruled the several poin
| WI Oih0i Su'SAdubiolil W NiACCt tf
las the concurrent resolution of the HOu
and Senate to adjourn at ~ o'clock NJ
July 81, had never been rescinded by Il
House, that Therefore the motion to a,
jOurn tn $50 O'Clock p. NJ of the same ds
was not in order, aud was inconsistent vii
the former action of the House in adop,ir
the concurrent resolution" In overrulir
the points of order he says:
l. That motion to djourn is always
order, except when the House is actual
v ting upen some other proposition. or wht
he previous question upon some other que
ton has been moved and seconded.
.. That, although the motion to ad jour
il carried by majority of the House, wou
have the effect to rescind the cnncurrel
ro sniution in regard tn final adjnurnmen
and would, therefore, be moons stent vii
the former action of the House; yet sue
inconsistency might be sufficient grnun
for the rejection by the House III the m
zion to adjourn, hut it is not within n
competence of the Speaker to suppress it
syalnSt order