Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-03-07
consider the sundry civil appropria
t:c,, lin

consider the sundry civil appropria
ton bill.
The speaker ruled that no legisla
, tive business was in order, except BY
unanimous consent, which Holman
IObtained, and the house agreed to al
the amendments adopted in the com
mittee of the whole, and the bill
|passed.
A new legislative day then began
At II 10 the senate arrived. The
senator's having taken :. their usual
. seats, the decision of the commission
lin the case Of South Carolina was
read.
Phillips presented the following
objections to the republican electoral
vote Substantially the same as al.
ready given) of the state of South
Carolina in conformity to the decision
Of the electoral commission. and as O
reason therefor assign the following
First. Because no legal election
was held in South Carolina on Nov
7th, 1876, for presidential electors in
compliance with section 3, article 8, OF
the constitution thereof requiring the
registration of all electors of the state
as a qualification 10 vote.
| Second. Because. in consequence
of frauds practiced in said election
and intimidation of electors by the
federal government prior to and du.
ring the election, stationing in vari-
GUS parts of the state near polling
places detachments of the United
States army, full and free exercise
of the right of suffrage was prevent
ed, in consequence of which there
was no lawful election held.
Third. Because i'm violation of the
constitution of the United States the
federal authorities ut the several poll
ing places of the state ON the day of
election, stationed over one thousand
deputy United States marshals who
by their unlawful and arbitrary ac-
ton in reference to unauthorized in
structions from the department of
Justice SO interfered with full and
free exercise of the right of suffrage
of voters of the state that fair cleo
tion could not be held on Nov. 7th.
Fourth. Because the certificates of
election by said electors on Dec. 9th,
1876, was not made by the lawfully
constituted governor of the state.
Fifth. Because said electoral COM
mission contrary to its duty and au-
thority vested in it by law neglected
and refused to inquire into the facts
and allegations aforesaid, and then
said decision is contrary to law and
truth.
Sixth. Because at the time of the
pretended appointment of said elec-
tors the state was under duress from
the power of the United States, un-
lawfully vested upon it, and said pre-.
tended appointments were made un-
der such duress.
Seventh. Because certificate num-
bered one herewith was and is void
for .irregularity, in that the first
electors were not sworn as by the
constitution of the state of South
Carolina they were required to be.
Second. The certificate does not
state that said electors voted by ballot
as required by the Constitution of
the United States. Third. The cer-
tificatc upon the envelope, in which
said certificate No. and accompany
ing papers were enclosed, was not the
certificate required by the laws of
the United States.
Signed by T. M Norwood, j. X.
Kelley, Henry Cooper, s. B Maxey,
w. A. Wallace, Senators and others
of the house.
Southard presented exceptions to
the decision of the commission sign
ed by number of senator's and rep
rcsentatives because the voting in
South Carolina was under duress
caused by the unlawful exercise of
federal power.
After taking the objections the
senate withdrew when, Springer
moved recess till 10 tomorrow and
the speaker refused to allow debate
by Wood.
Wilson called for the yeas and nays
aud the motion was rejected, ITO to
SO.
Sheakley and O'Brien Immediately
moved a recess till Z 80 tomorrow.
The speaker promptly rnled the
motion out of order as dilatory and
would not entertain it.
Sheakley appealed.
Wood moved to lay the appeal on
the table.
Wilson-The chair need not enter
tain the appeal.
| Speaker-The chair knows that,
but entertains the appeal. The house
might as well say now whether the
speaker is right or wrong.
Springer-Is not the appeal debat-
able.
| Speaker-It is not.
Springer-I desire to give my reas-
ons for sustaining the appeal.
appeal where the original PROPOSE
tion on which the ruling was made
is not debatable.
O'Brien-I rise to a point of order,
the motion to take recess should
have been entertained by the chair.
Speaker-The chair decided that
point the other day and sees no reas-
on now to change his decision.
| O'Brien-I would like to be in
dulged for few minutes.
| Brown-I object to debate.
| O'Brien-lts nothing in the way of
debate. l have no argument to make.
| Laughter and calls to ordcr1
| O'Bricn-Under the electoral COM
mission bill the house can take recess
till at least 10 tomorrow morning.
There is no dispute about that.
An animated discussion cnsued be-
tween the chair, Springer and
O'Brien. while Brown objected at
every sentence to debate
Springer appealed to Brown to al
low at least 10 minutes debate on the
question whether this great wrong is
to be consumated. Loud cries '.Ob-
ject", from both sides, shouts and con-
fusion, in the midst of which the
Speaker called Springer to order and
refused to hear him.
Finally the yeas and nays were or
dered and resulted, yeas 1S4 nays 81.
So the appeal was tabled.
Wood moved that the house con-
slider tho decision.
Sheaklcy moved a recess.
The speaker refused to entertain
tho motion and said the decision had
been carried off by some body.
Springer-I hope it has been taken
to some remote part and that it will
never be brought back again. Laugh
ter.
The paper having been restored the
clerk was proceeding to read it when
he was interrupted by Springer, who
objected to the speakers action in re-
fusing to entertain q motion for re-
cess. He said it was the duty of the
chair to decide the motion out of or
der and that it was the privilege of
any member to appeal from that rul-
ing.
Speaker-The chair has shown
great latitude in respect to this SUBJ
ject. The chair in fact is not bound
to entertain an appeal He cited
former rulings, in effect that
when point of order is once decided
it cannot be renewed, even though
additional reasons may be assigned
for it. The chair has decided this
same point of order twice, but the
Chair was desirous that the house
might have an opportunity for an ex-
preston Of its opinion. Tho Chair
has now decided in accordance with
the decision of the house and for that
reason the Chair declines to enter
A.