Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-02-03
oaId notahave signed it to cover one day

only. - ''0 >~'
Mr.. Gregory insisted that Mr.. Day knew
better than any one else what his inten-
tiOnS were when he signed the pair and in
sisted that the convention was bound to
accept his statement of his intentions.
~, MIR. Cashel said ne stepped into the
Western house and Mr.. Day asked him if
the day, as he was not we'll and did not
wish to go to the capitol in the storm
unless it were absolutely necessary. Mr..
i5idlake stepped forward and offered pair
in response to the remark of Mr.. Day that
ne wanted pair for that day. He was
confident it was SO understood by MIR. Day
and by the other parties present. Mr.. Day
turned and signed the agreement; he was
confident without reading, for he did not
spend time enough to have read it.
Mr.. Sorley insisted that Senator Days
understanding of that agreement was
had no power to force different under
standing.
Mr.. Elliott said Mr.. Hitler signed the
agreement with the understanding that it
should not be used except for the time of
his absence. 1t was not his purpose to
'oSSt MR. iei MeLesSS eaS ssia sa il the senator did not
understand English as she is writ, he
ought not to have. signed the agreement,
and having signed it he ought to have
honor enough to abide by it.
MIR. McCullOch insisted that Mr.. Hitler
would not have signed such an agreement
| excepting for the time of his intended alb
sence. and that it was not fair for Mr..
Day tO plead a misunderstanding nov that
MIR. Hitler is absent.
Mr.. Burke insisted that the agreement
| could not be corrected even it it were
misunderstood without the consent of
both parties. The instrument shows upon
its face what their intention was.
! Mr.. Newman called attention to the fact
that MIR. Day understood the pair was for
one day only, while Bidlake understood it
to be for all time. The matter must
rest upon Mr.. Days honor as senator,
the joint convention could have no power
TO impose it's views upon him. There is
not a word in the agreement as to the
time it was intended to cover. and in the
absence ut a clear statement in the instru-
ment itself, Mr.. Days understanding must
be accepted.
Mr.. McGillivray desired to know if Mr..
this agreement. Was it not arranged
through his agents.
Mr.. SOrley insisted that Mr. Burke, as a
lawyer, knows that contracts are changed
or construed according to the intentions of
the parties. and he believed that this COIL
sentatives of both parties are present.
None but Mr.. Day himself can say what
his understanding was, and he clearly
showed that it was for the day only.
Mr.. Macarthur called attention to the
fact that the rules make no provision in re-
latiOn to pairs, and that all remained with
the gentlemen themselves, and it was evil
Dent that there was misunderstanding so
tar as Mr. Day was concerned.
MIR. kinter insisted that the agreement
was a written one and its intentions were
clearly expressed and 1t could not be dis
solved without the consent Of both parties.
He defied any gentleman to show wherein
been broken without the consent of the
parties to the agreement. The agreement
| was positive and to break it was in viola
| ton OF all parliamentary law. 1t was a
violation OF solemn compact.
Mr.. LaMoure said MIR. Bidlake surely
ment or not and MIR. Day is the best Judge
OF his intentions.
| Mr.. Day said the agreement was not
made with Mr.. Hitler; he was not present;
he had no conference with him; it was
| made with Bidlake and Mr.. Bdlake knew
that it was for one day only.
Mr.. Bidlake: made no such agreement;
he signed the pair as it was written.
Mr.. LaMOure: Did he read it?
Mr.. McCullOch insisted that to change
| the terms of the agreement would simply
make farce Of this pairing business. No
of this sort.
Mr.. Burke still protested against a pro-
posed change in the terms of the agreement
and that it could not be changed without
Mr.. Hitler being present and cOnsenting
He had no particular objection if MIR. Day
/ wanted to vote.
A motion made by Mr.. Sorley to amend
the agreement as printed in the records to
cover the twenty-ninth day was here with
drawn, and Mr.. Hurley moved to proceed
to a ballot, Mr.. Day exercising his own
judgment as to whether he was entitled to
| vote.
MIR. President read the rules of the house
of Representatives; requiring the pairs to be
announced each day upon the close OF the
second call OF the roll. The agreement for
such pairs to be filed with the clerk.
Mr.. LA Moure did not see how Mr.. Day
could be- held to be paired under those
| rules when he did not so understand it. no
matter what the face of the agreement
which he had signed read.
| Mr.. Palmer requested MIR. Bidlake to say
| whether he read the agreement to Mr.. Day.
Mr.. Bidlakp: did not read it to him.
did not explain anything. He wanted a
MIR. Palmer: Did Mr.. Day read the
agreement before he signed 1t?
Mr.. Bidlake: don't know. am not a
!: mind-reader. He was long enOngh signing
| it tI have read it.
Inc QueStlOn DelnK upon tne apprOval OF
! the journal, it was In relation to that that
this discussion was held.
Mr.. Newman insisted that the journal
states the facts as they occurred; approval
of the journal does not affect the case. 1t
dOes not cOnstrue the contract. Senator
DAY has right to act on his own under:
| standing.
Mr.. Ink: | would like tO know whether
MIR. HITLER knows Ot the existence OF this
contract.
10 this there was no response. The
journal was approved by s. to . and the
convention, proceeded to ballot.
After the ballot q motion to dissolve was
carried by Il vote of ~ to 80. MeSsrs. Nc
Arthur, Severson and Wright voting with
the democrats against.
NOTES.
Senator Young: see that in the edi-
! tOrial column Of Wednesdays TRIBUNE,