The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1877-10-12
Friday. October 70. 1877.
MEETING OF CONGRESS-.
ROLL CALL OF THE HOUSE.
How Clerk Adams win Proceed in
the Case of Contested Seats.

How Clerk Adams Will Proceed In
the Case of Contested Seats.
Next Monday the forty-ffth congress
meets, and as at the beginning Of every
congress for the past forty years the title
of certain men to seats is in dispute. An
act passed IN 1868 makes it the duty of the |
clerk of the last house to make roll of
representatives elect Those, the law says,
whose credentials show that they were
re zularly elected in accordance with the
laws of their states respectively, or the
laws of the United States" Under this
law Colorado will not be represented on
the roll, as Clerk Adams is sure to decide
that neither Bedford nor Patterson were
properly elected, Last March, when it was
expected that the majority would not be
more than FIVE or six, the omission Of a
single name from the roll was criticized
with much severity. 1t is probable that
at the meeting OF congress on Monday,
protests will be made by republicans
against the action Of the clerk.
An examination Of the precedents 10
regard to the organization of the house,
lust compiled by Ii. IL. Smith, journal
clerk, shows clearly-6rst, that Clerk
Adams has abundant authority for leaving
off the names of men claiming seats by a
title adjudged invalid by him: and, Sec
ond, that the letter of the law supports
him in this action. The precedents show
al 10
used. The first congress met, fresh from
the traditions OF the continental congress
a congress of delegates who examined each
others credentials, and sitting as the rep
resentatives OF states organized as such,
on the face of the credentials. From the
first TO the twenty congress the
same course was pursued, The journal
records only that a quorum was present,
and that on resolution a speaker and
clerk were elected. The newspapers OF
the day show, however, that it had be-
come customary for the clerk of the pre-
ceding house, as a matter of convenience,
to make out roll.
A Washington correspondent writing to
the n. Y. Sun says:
At the opening Of the twenty-third
congress the journal shows him doing this,
and shows the first objection to name on
the roll pending the organization. Here
beglus the second period in the history OF
the organization of the house. The clerk,
by custom, made out the roll and presided.
Sometimes the roll was respected and
sometimes not. Sometimes he exercised
all the powers Of presiding othcer, and
sometimes none refusing even 10 put
motion TO adjourn. In the main, how
ever, his power increased, and from the
time when Hugh Garland acted the simple
automaton in famous struggle 10 1888,
aud refused to put any question but the
election Of speaker, the clerks power
grew till, prior to the meeting OF the
house, he passed on the titles OF its mem
bers, and, at its meeting, on their rights
in the election of a speaker The third
period 10 the precedents for the organlza
ton of the house began with the passage
Of the act of 1868, which fixed certain
powers exercised by the clerk 10 passing
on the titles of members, aud recognized
the powers he had exercised in presiding
by providing for an alternate, IN the case 0
his absence or inability ITO discharge thu
duties imposed on him by law or custom
relative to the preparation Of the roll o
representatives, or the organization OF tn
house" Under this law every congress
since the war has been organized, the eler
uniformly acting as the irresponsible in
strument Of the majority which electe
him. always without appeal; and, at hrsl
without explanatiOn-a practice modlhe
in the opening Of later sessions. 1t IS b
the precedents during the last period tina
the action of Clerk Adams can be justified
as, like the men who made those prsce
dents, he acts under the law Of 1868.
Edward Mcpherson, on Dec. 4, 1867
made and called the roll OF the Thirty
ninth congress; and in doing so he too
the extreme but logical ground that, havin
made il under the law, and having decide
not only what members held certificate
but what certificates were valid, he c0ul
not permit any interference with his judg
ment of title. He omitted in this way tn
names OF nearly fifty members holding tn
certificates of the governors OF their r,
spective states.
When the Forty first congress met 0
March 4, 1869, the republicans still had
majority of two TO one. Mr.. McPhersO
made out the roll. A motion was made I
amend it. and Mr.. Washburne, Of Illino
making, as a matter of privilege, the me
Mr., Mcpherson ruled that the last motto
superseded every other motion, even takin
member who was speaking off the foo
by higher question OF privilege" NJ
Brooks, Of New York declined, howeve
to be put down by this decision, and in Ii
dsOrderly debate that follow ed this opinio
was expressed by John Logan-of value q
the utterance Of party leader with nOthin
to gain by a name more or less on the rol
Mr. Logan-My point of order is that by the lny
Of toe congress Of the United States the clerk
the only person that has the right place upLn q
roll the names Of the members OF the incomir
congress. aud the clerk has no right TO enterta
any motion in relation to the roll until the membe
are sworn In.
Without deciding this point, the cleI
put the motion to proceed with the electiC
OF a speaker in spite of Mr.. Brooks pr
test, IN the course of which the followiu
colloquy occurred:
Mr. Brooks am member OF this house al
the clerk Is not a clerk Of this house
The Clerk-Tho gentleman from New York is
member elect OF this house
Mr., Brooks-And the clerk is not yet the cle
elect OF this house.
The cerk-The gentleman is incorrect in b
statement. The clerk by law Is clerk Of this hou
until his SUCCESSOR is elected aud qualified.
A sufficiently emphatic statement Of til
character of his relations to the honse.
Mr.. Mcpherson has presided in Il
opening sessions of the Forty-secoDd, Fort
third and Forty-fouTth congresses.
none has an objection been made to b
roll pending the election of speaker.
the organization of the FOrIy-third col
gress, however, Mr.. Maynard having made