Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-02-05

Wood, Brookines, Humlin, Deuel., Cooling
ton, Grant, Greeley and Stone to the third
judicial district.
MESSIAH FROM TIE GOVERNOR,
A message was received from tho gov
ernor embodying u petition from tho COM
m,ssioners Of Grand Forks county. asking
public aid in the emergency forced upon
the people of that region BY tho pre-
valence Of small pOx.
U BILLS.
The following house bills had their Sec
ond reading and referred as indicated:
H. F. A-committee on territorial affairs,
on motion of MI. Flick.
Fl. F. No. 45-committee on ways and
means, On motion of Nj. Stephens.
II. +. No 45-committee on ways aud
means, on motion of Mr.. Gunderson.
House Bile No 81, reported back from
committee was recommitted for correction,
House file 81 had its third reading and
was passed, by unanimous vote, excepting
that Mr.. Helvig was excused from voting.
House file SO was laid on the table. on
motion OF MIR. Gamble
RECESS.
Mr.. Gamble moved that the house take q
recess until $50 O'Clock p. N.
Mr.. Flick moved as an amendment that
the house adjourn.
The amendment was lost and the o-igi-
nal motion adopted and the house at 12 20
p. m. took a recess till 9 80 p. M,
AFTER RECESS.
Hsuse file No. 40, a bill protecting licen-
ced ferry boat owners, came up for third
reading and passed by a vote Of % to l,
Mr.. Weeks voting in the negative. Messrs.
Flick, Gray and johnson absent and not
voting,
CALL OF H HOUSE
Mr.. Burbank, at 2:40 p. M. moved a call
Of the house, which being ordered it was
found that Measrs. Flick, Gray and johnson
were absent. The sergesnt-at-arms, the re-
cording clerk, the assistant clerk and the
messenger were deputized to hunt up the
missing members and bring them before
the bar of the house.
Mr.. Gray appeared at this %juncture and
was a%rraigned for an explanation. He was
somewhat embarrassed under the trying Or
deal, but the substance of his explanation as
understood by the reporter, was that Gov.
ernor Pennington had undertaken
TO bring him TO the legislative building with
his horse and buggy, and he thereby became
late without any intention on his part. Mr.
Gray was excused.
At three o'clock the sergeant-at.arms re-
turned and announced that Mr.. johnson
was present. Mr.. johnson being arfaigned,
admitted that he had no excuse for his alb
sence, and he was excused.
Mr.. Gray moved that further call of the
house be dispensed with.
While this motion was being discussed,
the sergeant-at.arms returned and reported
that he had found Mr.. Flick, and that Mr..
Flick refused 70 return.
Mr.. Gray withdrew his motion.
The sergeant-at-arms stated that Mr..
Flick was in the basement under the Mer-
chants hotel and that his assistants we're
watching him. The sergeant at-arms stated
that he would bring him 10 the house if he
we're given time.
The sergeant. at arms was instructed to re-
duce his report to writing, which was done.
Mr.. Gray moved that the report of the
sergeant alarms be adopted and that he be
Instructed to bring Mr.. Flick before the
bar of the house.
The sergeant at arms departed with his
posse to carry out the orders of the house.
At 4:4O p. m. Mr.. Burbank moved that
further call of the house be dispensed with.
Mr.. Gray asked if the house now dis.
pense with the call can it consider the mis-
sing member under contempt when the
house again assemblies. He asked this fol-
information.
The opinion of the speaker was, that il
the house dispensed with the call it los,
jurisdiction of the case.
Mr.. Gray was in favor then of suspend.
ing proceedings, but thought it best to frs,
get the council in session and pass a joint
resolution to adjourn sine die to night. II
the position was that one member could
control this entire house, it was time to
quit. Whenever an important measure
came up a member by absenting himself
could stop proceedings.
Mr.. Gamble directed The attention of the
house to the law governing cases like this
and held that the house could in future
emergencies adjourn without suspending 3
call Of the house, provided it made = rule
that such adjournment should not dismiss
a call. He held that by adjourning, the
house lost jurisdiction of the present case,
but that 1t could again assume jurisdiction
by amending its rules.
In response to a question by Mr.. Gray.
the speaker ruled that by suspending a cali
the house lost Jurisdiction over the person
of the absent member.