Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-05-13
FLORIDA BUSINESS IN THEHOUSE.
A Resolution of Inquiry Introduced
at Last.

AT Last.
The Florida resolution was introduced in
the House at l2:40 o'clock to-day, by Mr.. Pot
ter, OF N. Y. An abstract of the resolution ap-
pears in our regular Congressional report. He
offered it as question of privilege, and the
resolution was read. Mr.. Conger made the
point that the resolution was not a question
OF privilege. Mr.. Potter held that if an in
qulrY into the title of the President was not a
question of privilege, the House could hardly
oe caled upon at any time to pass upon
or not. Mr.. Hale read from the House manual
the various questions of privilege therein laid
down, to show, that the resolution could not
De deemed to be one of privilege. He said
that If the resolution contemplated Subverting
accepted results then it would be question of
privilege, but not otherwise. Gen: Garfield
said that Mr. Potter was unfortunate in baSing
his resolution on the Maryland resolutions be-
cause state had no manner in which it could
De neard in the House except through s its
ton of state could be heard in the House as
question Of privilege. Speaker Randall
aaht ASKED ~ flm II ne thought the states had not the
Mr.. Garfield said that if the mover of the res
olution would say that it was to pave the way
to mpeachmsnt h. then it was question of
TO get at the validity of the Presidents title, it
was nOt question of privilege, because the
title had been settled by the action of both
Houses, and was out of the reach of either
House. Looking at the democratic side and
stating that he reserved all further questions
of order on the resolution he said You have
thrown off your damnable faces: let the play
go on
MI Cox, of NJ Y, held that the election of
a President, and all that concerned it, was
question of privilege.
Mr.. COnger, of Mich, said that the very me-
mortal on which the resolution is based is not
in the possession of the House Or the mover of
the resolution, but with the judiciary commit
tee. He said that if the question was one of
privilege the memorial of the legislature of
any state on any subject would be equally
question of privilege.
Mr.. Mills, Of Texas, argued that the resolu
ton was not question of privilege He said
whatever power was vested in Congress in the
matter of the election of President Hayes was
vested in the 44th Congress. and when it spoke
and declared the present incumbent elected,
Congress did in the matter, which the 45th
Congress attempts TO set aside, is nothing
short of usurpation of power. This declara-
ton was met with loud applause on the repub-
Mr.. Potter, of N. Y, said that if there was
anything in fraud that should be inquired into
it was when that fraud had been successfully
accomplished.
THE CHAIR RULES THE RESOLUTION CUES
TION OF PRIVILEGE.
Speaker Randall read his decision on the
question from prepared manuscript He said
the Maryland resolutions had been received
by this House and were within the knowledge
Of its members; These recited that the votes
OF the states OF Florida and Louisiana We're
iraudently counted. This was grievance
from power which is recognized as Sovereign
by the constitution. A higher privilege than
this, broadly and directly set forth, is one
which the Chair cannot conceive of. He,
therefore, ruled the preamble and resolution
to be the highest question of privilege. and
recognized the gentleman who offered the res
oIution. THE announcement was received
with applause in the galleries and Oh the dem
Ocratic side of the chamDer.l
APPEAL FROM THE DECISION.
MI; Conger appealed from the decision OF
the Chair.
Mr.. Reagan proceeded to argue the point of
privilege, but MI Conger held that debate
was not in order.
Mr.. Potter moved that the appeal be laid
upon the table.
THE SPEAKER SUSTAINED.
The yeas and nays were demanded on the
motion to lay the appeal on the table, and it
was carried by yeas l2S, nays los; so the ap
strict party vote, except that Gen Butler and
Representative Fort, republicans, voted with
the democrats to lay on the table and Mills of
Texas, and EuckneT of Missouri, voted with
the republicans to set aside the Speakers
ruling.
DEBATE ON THE RESOLUTION.
Mr. Reagan, of Texas. said he believed the
resolution to be question of privilege, and so
voted, but would not vote for the resolution.
as he did not believe that the 45th Congress
Congress. He believed, however, that the
charl es aimed agall st SecretaryTh 5mpSon and
Gen. Hayes should be investigated.
the resolution empowered sub. committees fees
through its chairman to administer oaths,
which he did not believe the House had the
authority to confer. He made also the point
OF order that the resolution involved an ex-
penditure of money, and should therefore
have been first considered in the committee
of the whole.
Mr.. Garfield said that the majority of the
House could not authorize committee to sit
during its recess, because when the House ad-
j0urned, it carried its committees with it, and
the committee could only be allowed to sit
during q recess by the suspension of the rules
of the House.
Mr.. Sayler had read several precedents to
show that frequently committees had been
authorized to sit during the recess. by the vote
OF ma jOrity OF the House.
MI Gartield.-That is true. but there was no
point OF order made against it.
Speaker Randall ruled, on the point of
allowing chairmen of the subcommittee to
administer oathS, that it belongs with the
committee itself, and not with the House
Mr.. Butler cited precedent in the Andrew
johnson Impeachment trial, wherein the chair
man of the sub. committee on the judiciary
administered oaths, and no question was
raised as to the right.
The debate on the resolution was still in
progress at 2: As O'clock with the indications
OF long session.