The news & observer., 1897-03-06

called the House to order.
Not over forty members were in their
seats The proceedings began tamely.
The Speaker was so hoarse he could
scarcely be heard.
Parker, of Perquimans, sent in a report
OF the Committee on Penal Institutions,
and it was read showing 175 convicts
in the central prison, nearly all life
prisoners.
| Blackburn asked if there was anything
before the House. He was told no. and
| then moved that the special order be
| taken up as unfinished business-the
| Senate substitute for the laese bill DIR.
| Alexander ut once said: II move to ad-
| journ until o'clock" Murphy seconded
| Blackburn's motion. Hancock said: "a
motion is made to take up the unfinished
| business. Now | rise to question the
| motion of Blackburn, or to question the
| object of the motion. That was not the
unfinished business when the House ad-
| journed." The Speaker said it did not
need motion to take up unfinished
business. Then" said Hancock, II OBJ
| ject to it's being taken up"
| Brewer said he thought the Legislature
was acting under parliamentary rules
that the Reed rules were the latest; that
| these provided that the unfinished busi-
| ness shall be taken up; that the unfnisb-
ed business was Blackburn's motion h.
concur in the Senate substitute. The
Speaker said Blackburn's motion was be-
| fore the House. Sutton, Of Cumberland,
said the substitute was not before the
House; that it was not the original bill,
but a new bill He made the further
point that the bill was before the com
mittee and not before the House Black
burn said, Let the chair settle this
without Interruption" The Speaker said
the bill was referred to the committee,
but not reported, yet was made a special
order for to-day at noon, and that the
House adjourned before it was reported.
Sutton said the motion to take the bill
up as unfinished business could not be
done; that to-day, when resolution was
offered and further time asked for, the
House adjourned. Cook said the special
order was displaced by the adjournment;
that the bill had not been before the
House since its reference to committee.
He said Dockery asked if the bill would
die in committee and that he replied
it would be reported in due time; that
the committee met Wednesday, all save
one person, and considered the bill that
afternoon, and yesterday investigated
matters disclosed in that bill never before
disclosed in the House. The matter is
now pending before that committee and
to-day, in obedience to an order Of the
committee, he had this morning offered a
resolution. immediate action on which
was asked: but there was objection and
4 olT
described the resolution which was the
request for the opinion of the Supreme
court as to the constitutionality of the
substitute, and for information as to the
legal rights of the House Brewer said
there was only one thing to do-to con-
cur or non-concur in the Senate amend
ment; that the Reed rules provided for
this. The Speaker said Brower's motion
was not germane to Cooks remarks. The
Speaker said the bill had been referred
to committee, and made special order for
noon, but that the motion TO adjourn
was made before the bill was even placed
in the hands of the reading clerk; that
while the bill was made the special or
der the committee was not ordered to
report the bill and no motion made to in
struct the committee to report it.
Cook insisted that the fact that the
resolution was on the table showed that
the bill had not been reported. He de-
cIared a grave constitutional question
was involved; that the bill was not con-
stitutional; is now under advisement, and
if the House refuses to allow q ruling
by the Supreme court, how can the COM
mittee report that which involves the
gravest constitional question, and say to
this House this bill is the best thing;
that the action must be under the Con-
stitution. He insisted that the bill can
not be taken up; it is not here; it ought
not to be here.
Murphy said the bill was made the
special order for to-day; that upon Cooks
promise to report promptly one man voted
to refer; that the order was mandatory
to the committee, express and direct, was
to report the bill to-day at noon; that
the bill is before the House; put there
by the order Of the day; and the peremp.
tory adjournment did not displace the
bill as a special order; the committee did
not discharge its duty in failing to report
the bill at noon. He said the Supreme
court had no business in this matter,
save to construe a law after it's enact
ment; that there are three coordinate
branches Of the government, each in its
own place.
Lusk said the matter should be locked
| at just as it is, and not take a passionate
view of these proceedings. There are only
| three methods by which legislative meas
ures can be brought up for action-one
| the calendar, the committee for refer
| ence-and the calendar order Of bills.
Another method is when the calendar is
placed in the Speakers hands and he
| can bring out a bill at pleasure. The
| third method is by order Of the House,
| taking a bill from the calendar. This
order can only be made by majority
vote, in other words, by a suspension of
the rules making it special order. This
bill took its regular course and was re-
| nj aShvsEHa