Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-04-27

he permitted Mr.. Higgins to remark tnat
kaolin, the raw material OF pottery. was
kept on the dutiabie list at ~ a ton. III
was largely mined In Delaware pu' wa"
found 10 some extent in North Carolina
Delaware, therefore. presented her re-
spects to North Carolina, and thankea hef
for the protection OF her kaolin-peds'
Mr.. Doiph had not finished his speech
when the Senate. at SIS. proceeded 10 exc
cutive business. adjourning soon HUT
wards TIL tomorrow at ii O'Clock.
House Of Representatives.
The usual objection was made upon tne
Republican side of the House 10 the pro
tormal approval Of the previous "aS
Journal, and q yea ana nay VOC "a'
taken The Journal was approved-yeas'
22l. nays. 0; present, but not voting "
Mr.. Mahon CRepublican). OF Pennsyi-
vania, rising TO a question OF prN,,ese,
sent to the Clerks desk and had read the
following resolution:
Resolved. That the Sergeant-at-Arrns
is hereby directed to pay to members ana
delegates their salary on the fourth day
OF each and every month, az PROVIDED
by law. and that he shall not deduct
any part OF a members salary on ac-
count OF absence, under the act or Au-
gust i6. 1856. until the absence OF such
member has been duly certified TO Nun
under a rule or the action OF this House
by the officer authorized TO certify the
same"
Mr.. Cultivate DemocraD, OF Ohio.
made the point that the resolution was
not privileged
When the debate upon the point OF
order had concluded. Speaker Crisp ruleu
as follows:
The gentleman from Pennsylvania tMr.
Mahon) submits resolution, when ne
claims, raises "A privileged question Inc
Constitution says that members shall re-
ccive a salary to be fixed by law. Con-
gress has passed law fixing the salary
of members. and all that this House has
ever undertaken to do under its rules in
dealing with the question OF salaries Is
TO provide that the Sergeant-at-Arins
shall keep the accounts OF the pay ana
mileage Of members and delegates, ana
pay them as provided by law. When you
turn to the law you find that the ser
geant-at-Arms Is required to deduct from
the monthly pay OF members TOT those
days when they are absent, except Iof
sickness Of themselves. or sickness OF
their families"
Mr.. Reed: That is not the law.
The Speaker: The gentleman states that
this is not the law. 1t IS not the pur-
pose or province Of the House TO deter
mine what Is existing law. The House
can make law, but when IL comes 10 the
construction Of law, that matter is for
the courts and not for the House. The
Sergeant-at-Arms Is n bonded officer.
disbursing officer OF the government lie
is charged with the duty OF executing
public law. II the Sergeant-at-Arms
should plead tn judgment Of this House
1T Lou nNtg cd or
repealed. the judgment would have no
kind of effect in relieving him OF the
reliability OF his bond. If the judgment OF
the House was wrong. So that this House
cannot cOnstrue the law.
Proceeding 10 discuss the resolution IT.
self the SPEAKER reclted its provisions.
and continued: what allegation is there
in this resolution that any right or
member OF this House, or the members
collectively. has been infringed or IN
Vaded? The Chair cannot see any. The
Chair desires to say. in justice to the
Sergeant-at-Arms. that the form of the
certificate which has been read was sug-
gested by the Chair upon the request OF
the Sergeant-at-Arms. That form of GER
tincate was intended TO put 1t wholly
within the power of the member him
self TO say whether or not any deduction
should be made under the statute. The
{
that every disbursing officer in the United
States who is charged by law with the
performance of duty in paying out
money has n right TO make all reasonable
regulations, and that these must be COM
piled with by those TO whom the money
* to be disbursed before they can de-
mand It's payment. The regulation which
the Sergeant-at-Arms has made is simply
TO require the member himself to certify
whether or not under that law any de-
duction should be made. The Chair de-
sires to say further. so that the House
may fully understand IT, that as he now
understands the law. the Chair would not
certify the pay Of any member as to- the
amount that might be due him for
months salary Unless the member first
informed him how long he had been alb
sent. and what. if any. deduction should
be made. applause on the Democratic
sided) The Chair holds that there is no
question Of privilege in this resolution"
MAHON TRIES AGAIN.
Mr.. Mahon: Mr.. Speaker. / offer the fol-
lowing resolution as a question Of privi-
lege:
Resolved, That 1t is the sense OF the
House that the Sergeant-at-Arms Of the
House Of Representatives has no au-
thorty TO require each member Of the
been absent from the sessions Of the
House and the reasons for such absence,
in the absence of any rune OF the House
giving him such authority. and that the
notice of such requirement given by the
| Scrgeant-at-Arms is in derOgation of the
rights of members of this House"
The Speaker ruled that this resolution
! also did not constitute question of
privilege.
! Mr.. Mahon: | take an appeal.
Mr.. Outhwaite OemocraU, Ohio: j
move to lay the appeal on the table.
The yeas and nays were ordered on the
| question. resulting-yeas. 166; nays, "a
! Present and not voting. (. SO the appeal
was laid on the table. The vote was
! almost wholly along partisan lines.
! Messrs Covert OemocraO, New York,
| Davey OemocraU. louisiana Harris
! Democrat, Kansas, and Pence dopu-
| nsO, Colorado, voted with the Republic
cans against laying the appeal on the
table. Messrs Boatner DemocraU, Lou
| isiana; Everett OemocraO. Massachu-
! sets; Cogswell Uepublican). Massachu-
sets. and Powers QRepublican). Vermont.
merely announced their presence, refus-
/ ing TO vote. Mr.. benson 0)emocraO,
! Alabama having voted with the Republi-
! cans. before the vote was announced
changed from no TO aye, saying that while
he believed the law Of 1886 had been re-
pealcd - implication. he did not under
stand that the ruling Of the Chair went
! 10 the merits Of that question.
| The committees were then called foi
reports. and at the close of the list Mr.
| McCreary OemocraD, Kentucky, moved
that the House go into Committee oil
the Whole TO further consider the diplo-
matte and consular appropriation bill
This was agreed to- and Mr.. Bailey took
| the chair.
After minor changes had been made tc
the text of the bill. as the result OF the
afternoons consideration. it was then
reported to the House and passed with
| out division.
At 5 o'clock the House adjourned until
| tomorrow at noon
CONFIDENT OF ITS PASSAGE.