Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-02-15

divisions, was amended to provide that in
order to entitle it to vote for alderman they
must have resided in the ward twenty days.
and recommended to pass.
THE CODES.
The house passed Il concurrent resolu-
ton that the codes need not be enrolled,
but that the originals, with amendments
engrossed, shall be filed with the secretary
of state.
BILLS INTRODUCED.
By Mr.. MCDONALD: House bill No. 40;
to pay Nellie Mcdonald for acting clerk Of
the railroad commissioners, $50.
By Mr.. RINDE: House bill No III; fix.
ing salaries of auditor, treasurer and regis
ter OF deeds: $500 IN valuation of $500, 900
or less; on $1,000 600 to $l,00O,000, $500; on
$1,000 600 to $2,00O,00O, 81 900; on $4,000 900
t. So 100000, $l,100; on SO 600. 900 to $4,000
600. 81 .2UO; on $4000,000 to $4,000, 900, $l.400;
on $4,000 900 to $ ,000,O00, $l,500: on S6.000,-
eco to $1,000 900, $780,; over 100000 to
BY Mr.. CRYAN: House bill No. 142; de-
cIaring all mills customs mills and author
lZlng the railroad commissioners to inveSti-
gate and fix rates of tolls.
HOUsE PASSED.
LOGAN'S bill reducing price at which
school lands may be leased.
The penal code was passed.
RESUBMIsSION.
Every member was in his seat when the
roll was called. There was consultation
among prohibition leaders, all of whom
seemed to be loaded with authorities and
ready for any emergency. Expectation was
on tiptOe when the report OF the committee
to revise the journal was read. First the
thirty second day-that was Friday. Then
the thirty-third-the day all had in mind.
They recommended that it be approved.
There was some question about some minor
matters, but no objection to the many fea-
lures. The fear Of a motion to except or
expunge was over.
When the order of unfinished business
was taken up for reference, Mr.. Simpson
called attention to the resubmissiOn reso-
luton, to the pending motion on adjourn
ment. Saturday that it be referred to the
his second he wished to withdraw that mo
ton in order that it might be referred to its
proper committee, the committee on tenn
perance.
Mr.. HODGSON raised the point Of order
that the entire matter having been passed
upon in both branches of the legislature
and finally disposed of, the same subject
matter could not again be considered at
/ this session.
Mr.. SIMPSON defied the gentleman to
point to any ruleo or any law by which this
body is bound that s~ustains his point. He
C'llSVVVu ClldC ouCu " lulC plOSdllCu III UllC
English parliament and in some legislative
bodies, but there is non OF binding force
on this body. This house may act as it
sees tit, and in view of the small majority
either way on this proposition this body
could afford to be liberal. He spoke of the
dlscOurtesy to the members who favor this
measure by disposing OF the question in a
summary and unjust manner, and urged
that it was fair and honorable TO send it to
its proper committee, and that the measure
would not receive fair treatment unless it
was so referred. The chair n.ay find gen
eral parliamentary rules and general law
to sustain the point, but nc rule by which
this house is bound.
MI. WlNEMAN said the same point had
been raised by the gentleman from Sar-
gent Saturday and the chair had ruled
Mr.. M06DGsoN denied thathe had raised
MI. LOGAN said he had raised it, but
the chair did not recognize him II so no
action was taken. Roberts, Reed and CuSh-
ing all agree on this point and congress
has adopted Reeds rules. He hoped to see
an amicable arrangement in relation to the
matter, but believed the point OF order
should be sustained.
Mr.. SIMPSON said there was some
things done by the last legislature that
ought not to be brought to light. He con-
coded that Roberts, Reed and other author
tiles sustained the point. but this house is
working under its own rules and insisted
that in a spirit of justice and fairness this
matter should be referred to the COM
mittee.
MI. HODGSON cited Roberts, page 16o,
and Ree.,'s, and insist d that Reeds rules
were adopted by congress and this house
was governed by the rules Of congress in
the absence OF any other rule.
MIR. SIMPSON said congress had adopted
some OF Reeds rules n some OF them had
been inflicted on them and they had been
obliged TO work under them.
Mr.. WINEMAN said the point should
have been made when the bill was intro
duced. Unanimous consent was granted
to introduce the bill and 1t had been read
the first and second time. The right to
raise this point had been waived.
Mr.. SPEAKER said: THE chair will state
that be was under the impression when
this bill was introduced and given its first
reading, that it was not for any of us to
know what the bill contained until read.
Unanimous consent was given to introduce
a bill. When it was read the chair was un-
der the impression that it was improper, il.
legal and out of order, but the question not
being raised the chair did not feel that it
was within his province to raise the ques.
ton. When the motion was made to in
definitely postpone, the chair ruled it out OF
order, as he did not believe the bill was
properly before the house, but in so ruling
stated NJ reasons therefor. Since adjourn
ment on Saturday evening the chair has
endeavored to gain information as to its
decisions on this question, and is more fully
convinced that a matter once having been
decided by the house cannot be taken up
again except by motion to reconsider
which our rules provide for; and thinks
that every article Of law and every parlia-
mentary rule it can find on the subject
bears out that conclusion.
The chair will read from Reeds rules on
the matter.
"The general rule of parliamentary pro.
ceedings is that when the assembly has
come to a conclusion or decision that re-
suit shall be regarded as final. This is nee
essary for the orderly action of the assem-.
bly, itself. IT what had once been decided
could at all times be again opened by each
member there would be no end to con-
fusion"
Now the chair is under the impression
that this covers this case entirely. While
it is not a motion to reconsider it is intro
ducing new matter, and the rules are very
decided upon this question.
All tho law nnOn this SuhieCt that the