New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-22
HOTSHoT FOR SHEEHAN eco
SENATOR MULLINS MINORITY REPORT ON
THE CONTEMPT PROCEEDINGS.
HE RIDDLES THE DEMOCRATIC POSITION AND
SHOWS THAT THE MAJORITY ACTED con-


of the action it took In declaring senators oaxton'
O,Connor ant Erwin in contempt and suspending them
for a week rom participation In the deliberations OF
tbe body 10 which they had been elected for on
motion mads by Senator Cantor this morning the
minority report made by Senator Mullin was sent to
the Judiciary Committee for burial. This report
showed so .early and conclusively the unsoundness
OF the position taken by the Democrats that they were
not willing that 1T should 20 on the records OF the
senate and therefore Canors motion to send it 10 the
committee passed by Democratic votes alone.
IT is customary in all where there minority
and a ma brity report from members OF q committee
for both eports TO be printed and allowed to stand
on the records The reports thus remain there forever
as part )f the record Of the session The Democrats
know tht history will not support what they have
done In his instance and that account they wish
70 keep from the record every thing not favorable to
them. they were. however, compelled to listen 10
Mr. Mullins dissenting report, III which he handled
the conempt proceedings with dignity and care. 1hs
report substantially as follows;
ON 1ith inst, at the opening OF the session, WITH
out precious notice McCemd moved to discharge
the JUDICIARY Committee from further consideration OF The
inessue (the Enumeration bill, and that 1t be ordered TO
q thin reading At that time there had been but three
Of the Senate the bill had been Introduced
The judiciary Committee had not vet held meeting or
considered the bill in any 1t had not been printed
nor rad ii been before the Senate Committee oil the
Vince any its introduction. The Senate by
n
the dill 20 third reading Then Senator McCleand TOOK
flon his pocket paper which he sent 10 the CLERK
aes.. the time making motion That the paper
be substituted the original bill. request ives theh
nse tina: the original bill be read which was oecreea
Tie proposed substitute then read by the CLERK ana the
notion of Senator McCleond carried The substitute
hl immediately placed Oh il third reading III sp@ oi
,rosts made by Republican senators who insisted thst u
lould be referred back t. the Judiciary O'htVee' OF "
least tha It should presented and made special ooe
To- the next Monday evening Upon the hna passage OF
the bill Senator'S Erwin, OConnor and saNtoa asked 10
,e excused voting upon the ground that no opp"I-
;uny had given thn to examine the Dill or is'n-
ar7e themselves with its provisions This request WAS
amed. They ther,upon the same grounds, and IN
suet respetlul manner, declined to vote sumc'ehC
number o. Senators had Orsdy voted To make conSI'u
tono quorum and pass the bill After the result had beeh
announced by Chair motion was made that the sen
surs nan.d adjuded in contempt ana that the pro
rcedng, referred the Committee on judiciary 1hst
noaon was ca red and the said Senators We're hereupo
adJudged in contempt without hearing or having an OPP
pOrtunity given them OF presenting their defence
The action OF the Senate based upon rule "hich
heretofore been known a. Eue H. ana Ohi'h Ie"u
as follows Every Senator who shall be "i'hih the
Senate Chamber when question is stated fom 'he Chsf
shall vote thereon. unless he shall be excused, OF
unless he BE- directly interested liz the question
mis- rule together with I'VE other rules had Teen
adopted on first day ~ the session None OF ths
other fotyght rules that had regulated the proceedings
Of the Senate time hnnsmcrlal were III force al
though resolution that they be adopted bad been INTRO
suced by Republican Senator ard rejected by ule Demo
cratic majority The rules whh had been rejected were
those which had always been the safeguards relied upon
to prevent hasy in-conadered legislation the ONES
that had opportunities for careful
examination free discussion OF every measure presenter
Tor action. They were the rules that required 1o
due consideration every by standing commit
to. and la Committee a the Whole. and which, besides
requiring bills should lie printed before their nFd
reading had, provided, also, 10 the
end tnst might he avoided "a'
every nu should be engrossed and examined by inc
Committee on Encrossed Bills before bene placed in It's
final passage short, they we're rules to protect he
minority from arbitrary action the part OF the majority
and protect people from the consequences OF so'e'
and thoughtless legislation.
Tn. rules which were adopted did the lcas: de-
gree restrain or prevent Senator 70 check any scs that
The majority might lit TO take They dd not pro'ue
any method BY which the Senate or any number OF oers
iors less than majority could delay any measure Until
proper information with regard to it could BE- placed peofe
Tn. senate On other hand, Rule H. a. interpreter
lv the committee, enables the majority 70 compel oS
throat O, fine and imprisonment Senator TO act in
the dark without means OF procuring hehC upon
sve, ue.ton that tho majority conclude 10 present
for his action When Rule IA stood Win ali inc o'hci
rules which had always been IN relation 10 IT, anu 10y "
!, was conditioned nothing could be said against s en-
cement whenever necessary TO enforce II bu'
,.,din, a. H. does disconnected everything that had
heretofore furnished reason for its elsNnce, Sch Ie
unreasonable unjust. 1he wrong WAS oOhe h"' W
the senators who declined vote. but by thoe who ~
o, and then refused to accept their rts,onabe request
to h. excused from voting under such circumstances
rut in this matter the Senate my opinion, proceeded
contrary to law 1t T. conceded that there Is no prcce
don't in the history OF American legislatures fGr snch
proce.dnc against legislator the ground that ne
had refused upon question III If aIso achho"i
edged by every who has served in either house us
number, have daily refused To vote upon bills and
that no proceedings u this time, been taken
In sdjudge them contempt for such refusal am say
isfed that judgment in this case Is contrary 70 wei"
seuled principles Of law. The Supreme Court OF 'ic
and Court OF Appeals OF this state nave
both decided legislatures have power TO punish Tor
contempt except that power Is given uem by SUN
ut, That principle Is laid down. 80 far as the
Congress OF the UnNed States is concerned By
tho welknoun Kilbourne case reported III 1O''
United States reports. Our Court OF Appeals
in Mcdonald reported in 3d. New-fork Reports
ha, laid the principle have no hesitation
therefore in expressing my nm conviction tina: beither
body of the Legislature can punish any person
member or outsider except II derives it, power from the
statute applying such cases. The Revised statutes
defines the powers duties and privileges OF tn; two houses
gives the any to punish any one for con-
tempt. Section II is as follows: EAch
house has the power TO e>pei any Z" us
members and punish its members sno
officers for dsordery behavior by imprisonment but no
member shall be expelled until the report Of committee
appointed to inquire the facts alleged the ground
u his expulsion. shall have been made"
IL is unnecessary argue that Senator who after
asking in respectful be excused from voting
,ad who upon that request being refused declines In the
same respectful 10 vote for such measures aho
uder such circumstances existed In this cese is not
n any sense guilty Of disc Derby behavior Therefore
have reached conclusion that there is no power IN the
Senate 70 punish for act committed under such
circumstances and that the action Of the president OF the
Senate in directing the Senators 10 vote was In excess
Of the power which he con properly exercise un1ef H'
circumstances and the law.
The majority report that "a breach
OF order recognized IN the manual. per
sisted in BY Senator, become, contempt
beyond All question" the has been thus
referred TO- IL may be well quote from hc author
LIZ. The following principle lad down 1T Page 80 OF
Creswei's Manual printed in the Blue Book THE men,
Der refusing unwilling 20 vote, TO be amenabc n pun
ishment must have every opportunity which the rules So
on which he l. rclmiIcd