The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-04-16

petitions presented In proper mannei
under the Constitution. This is not I
petition; this Is a resolution Of the State
legislature In thiS case. There Is moth
Ing which obliges US 10 receive thil
resolution.
Mr.. stephens-The gentleman from
Massachusetts, certainly did not under
stand that he and do not disagree.
say that Il is right Of every parliamenta
ry body, at the initiative, when . ques'
lion Ia presented, whether memorial OF
petition or anything else, 10 say whether
Il will receive II or not.
Mr.. Banks-I understand you in that
way.
Mr. Stephens-Certainly that Is my po
sition, but understand the gentleman
from Massachusetts, 10 raise question o.
consideration under the 4lst rule, and
say this question should bea question Of
entertainment.
Mr.. Banks--very well, assent to tha.
proposition.
Mr.. stephens-That 4lst rule simply
means, "will we act on the matter now p
but the question really 10 be raised 10
this case is, twill the House entertain this
resolution, or will 1t reject itP 1t.is
the right OF the House to say to-day
whether it will reject 1t or not. That Ia
the fundamental principal Of all parlia.
mentary law. All this discussion in
years gone by related 10 this question
about presentation. It was right oi
petitioner 10 have his petition
presented, but the question was as
10 the duty Of the House to receive 1t.
The grand right OF the House TO reject a
petition never was denied. That parlia.
mentary principle Of law to raise mo-
tion as 10 the reception or rejection Of the
paper has never been touched by the
rules. That nnderlies our rules. Our
rules are all founded upon it. No delib.
erative body could exist without that
right; Just as you would turn out a man
intruding himself at your door, SO you
have a right to reject the petition. II is
a right Of seltorgsnization and Of self-
protection, but it should be wisely and
practically exercised The grand mis-
take OF those who contended against the
policy Of the petition had been discover
ed when 1t was too late. The great right
OF the American people 10 petition Is now
settled, / suppose, without question
from any quarter. Now the House TO-
day has right to reject this memorial
from Maryland, il il aees Ct, but is
It wise to do II; is 1t just? Ought not.a
State OF the Union 10 have hearing here?
Onpht not the memorial to be referred 10
a committee? This country will say yes,
and it will be great error II this House
should say no.
The speaker-The chair desires to ask
the gentleman from Massachusetts, (Mr.
Banks) IL he relies on rule Al in behalf Of
his declaration OF right.
Mr.. Banks (interrupting)-No sir. My
position Is that under rule $50 the right
Ia exhausted when State has been called.
II the House receives petition then the
other proceedings take place as TO its
disposition, bu. II, as the gentleman from
Georgia has suggested, the House refuses
TO receive II or II the House reject 1t then
these further proceedings are suspended.
The Speaker-The Chair understands
the gentleman, from Massachusetts, to
claim the right which the House has
10 say whether it would consider the
question, and the gentleman from Michi-
gan (Conger) referred to rule Al as es-
tsblishiug that right. The Chair agrees
with the gentleman from Georgia (Ste-
phens) in this particular, that that rule
does not cover this case-that the rule
which was anterior 10 rule 130 refers to
the consideration OF q subject in the
manner Of proceeding TO its disposition.
The gentleman from Georgia, however,
draws line Of distinction between the
right to consider and the rightto receive.
Now, under rule 1870, which directs the
Chair as 10 the manner OF procedure,
communications Of this kind from State
Legislatures are authorized to be receiy-
ed In the morning hour on Monday, and
the rule provides how they should be dis
posed Of. Itsays that they shall be pre-
sented for reference and printing. The
Chair thinks the inherent right alluded
to by the gentleman from Georgia,
is fully realized by body 10 case
lit shall refuse 10 reier its petitions.
A motion to refuse 10 refer is in the opin.
ion Of the chairs equivalent to the motion
to refuse to receive at all events the
effect Is the same. The gentleman from
Massachusetts, forgets, and perhaps many
meubsrs Of the House forget that the sub.
iect Of this petition has already gone to
the Judiciary Committee by bill intro:
duced by another member from Maryland
lKimmell) and referred 10 that Commit
lee, and that that bill precedes this mem.
orial from the State Legislature Of Mary
land. This communication from the
State Legislature Is the respectful COM
munication on subject OF vast impor-
lance, 1t Is proper that it should have
due deliberation. The chair there
fore thinks that the rule prop
erly provides for ils reference. The
gentleman from Massachusetts undertook
10 prove by suppositions in the case that
Communication might come 10 here
which was disrespectful to the House,
which charged 4 member with crime or
anything OF that sori; but the Chair will
remind the gentleman from Massachu-
setu that this Is moi such case, aud that
he might attempt to establish any course
Of reasoning by simile OF that kind.
There is no such predicament Of that
kind in this case. Here is respectful
Communication, the rule provides for It's
reference, and the Chair thinks q vote
should be taken on this reference. In the
line Of thought Of the gentleman from
Georgia (Slephens) the Chair would think
that a refusal to refer would be equiva-
lent to refusal to receive.
Mr.. Cox, OF Ohio, said that while be
agreed with the rule as stated by the
Speaker, he did not agree with the Speaker
as to one object growing from II. he be-
lieyed that, under that rule, when 8 me-
mortal or petition was read from the
Clerks desk the right ot the petitioner
was fully accomplished. II no member
should then make any motion whatever
| 10 respect to 1t, 1t would simply go on the
table OF the House, and afterwards il
could be considered in accordance with
the rules. He wished to be understood
as asserting that when u petition or me-
mortal ia read every respect which the
petitioner can ask for Il fully given, and
any action beyond that, whether the
House act on 1t one way or another, Ii
Just as respectful.
The Speaker-And yet the rule states
that ioiut resolutions from State legisla
i 4. n