Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-24

oualified and speaker elected. SAID ron irohi
the secretary of State of representati'es-s',ue.
w,s called bv said assistant clerk ana 80
members responded to call. and quorum
was found to be present. 20 members OF salu
honse, whose names appeared upon saiu ron;
tbareupon took and subscribed oaths requireu
nv the Governor and Council, and said 40
members all being present and taxing par
in said meeting ballot for speaker was then
had and Mr.. J. c. Talbot, having received ~
votes was elected speaker. and upon further
ballot being had Wingatc f. Gibbs having
received "A votes was elected CLERK.
Subsequently on the same day stephen y.
Younp. member from Brunswick. whose
n,me was entered upon said roll. was duly
ouali,ied. and took his seat. The records OF
proceedings of said house of representative
TO and including said 18th day OF January Is
made part of this report. as also saiu cetu-
fed roll Durin. all said first y" ednesday
of January there was an opportunity ior all
other members to quality, but oo mehhoe.S
neglected and refused to do so. Subsequent
lv on a later dav 10 members applied to the
president of the senate. who had not tnen
assumed to act as Governor. TO be quaiiheu
nv him in presence of the council OF the pre-
ceedins wear, no new council being elected
which the president of the senate declined 10
do at that time. but after that time, having
assumed duties of Governor. namely on inc
Iotb day OF January. notified them that he
was prepared So to do, but said 60 members
neglected, and refused Ia 50 quailiy mere
after in the nighttime of the same oav:
AT 6 O'Clock in the evening the saio
80 members and two others who had been
duly qualified. together with II other per
son. holding no summon>cs IL appear ana
TAXI. their seats and whose names were not
on the certified roll. but who claimed to be
elected. making - in all. met in the hall of
representatives. without giving notice to tn.
% other members already duly quallhed, or
giving them any opportunity to take part III
the proceedings if they should 50 desire, al
though the election of 60 OF said - members
was undisputed. and who held summonses I"
appear and take their seats. and whose name
were on said certified roll, and attempted
10 organize a house of representatives by
choice of speaker. clerk. and other ofncerS
After being qualified by taking oaths pre-
scribod by the constitution before m NJ
>tratton. Il clerk OF courts for kenneheC
county. and authorized by drdmus prote>ta
TEN to administer the oaths required by law
eleven other persons holding no summonscs,
and whose names were put on said rolls wer'
then admitted is members ot said body. anu
were qualified by said Stratton as above.
After which they proceeded 10 election OF
officers. as above set forth, and after attempt
ing to transact some further business. salt
assembly then adjourned to Saturday. Jan.
/ 18th. On the said first "Wednesday of Jan
uarv 1850. all those said members of the
Senate elect and who held summonscS TO APP
pear and take their seats. duly issued is be
fore set forth, pursuant to the constitution
and laws ot the State. and whose names ap
peared in the roll which was certified by the
/ -, pf Stat fn he. nf II,
preceding Senate. as hcreinbcfore set forth
being thirty-one members assembled in the
senate chamber, and were called to order by
Samuel w. Lane. secretary of the preceding
senate who presided during the organization
of the Senate.
The certified roll was called by said sccrc-
tarv, and said 81 members responded to call
of their names, and the whole number of mem
bcrs composing that body found to be
present. All the above members then took and
inscribed oaths required by the constitution. be-
fore the Governor and Council, and then, all
being present. and taking part in said meet
ing. Il ballot for President was had, and James
ID. Lamson having received 20 votes.
elected, and upon further ballot being had
Albert q. Andrews. having received 10 votes.
was elected secretary. The records of the
proceedings of said senate to and including
the Eth day of January, is made part OF this
report, also said certified roll of members
Of the senate Subsequently, in the night
time of the twelfth day of January,
commencing at q o'clock in the evening,
eleven members of the Senate who had been
duly qualified heretofore set forth, and
taken their seats in the senate organized on
the first Wednesday in January. and had
acted and voted in said senate as members
thereof up to said 18th day of January, to-
gether with other persons who did not hold
summons to appear and take their seats and
whose names were not upon the certified roll
met in the senate chamber without giving
notice to the 20 other members of Senate. al
ready duly qualified. or giving them any OBJ
portunity to take part in their proceedings.
if they should desire, and attempted to or
game senate bv choice of President and
other officers.
} After the last named men had been quail
med by taking the oaths prescribed BY the con
stitution before W. NJ Stratton. Clerk of
Courts for kennebec county, and authorized
by dedimus protestatem to administer oaths
according to law and after Attending IN
transact some further business said assembly
adjourned to Saturday, January H.
In all that was done as hereinbefore set
forth by the Governor and Council they act
ed In ascertainment and performance of their
uutv, under the constitution and laws, aided
by a previous opinion of the Judges The
opinion of the Judges promulgate on the 9TH
DAY OF January. 1850, was not received until
long after the Governor and Council had
completed their duties as herein set forth
and certified rolls had been made out by the
secretary of state and forwarded to the secrc
tary OF the preceding senate and clerk of tn.
preceding house of representatives The
senate and house of representatives, in their
organization and choice of president ami
speaker, on the first Wednesday of January
1851, acted u,on the rules of parliamentary
law well established in this state, as they mn.
derstand them, and relating to which refer.
ence Is hereby made to the following extracts
from the opinion Of the judges PROMULGATED
on the 9th day Of January. only two dav, be-
iore said organization, namely:
1" constitute a quorum it is ONLY neces-
sars TO have majority ofthe whole number
present and when such quorum is present. a
MAJORITY OF the quorum may do business
Supposing the number to be seven En-
would constitute a legal quorum. and tlre,.
being majority of that quorum could legaIlv
act although the four should refuse To ;niy,
then- or oppose their action Conseonen,,,
u return from city having five aldermen