Arizona republican., 1899-02-08

The Republicans criticism of Speak CT Ashurst's rulings during Mondays legislative proceedings was the oeca- sion of the house rising in Mr. Ash urst's defense yesterday, and declaring by unanimous vote that the criticism was unjust and that the speakers rulings have been flair and impartial During the morning session yesterday MT. Bartleson offered the following resolution which was unanimously adopted, MT. Gray and MT. Donau be- ing absent and the speaker not voting:
 'Whereas-A daily newspaper pub lished in Phoenix, Arizona, towit, The Arizona Republican, in the issue Of Feb. T. '99, has charged the speaker Of the assembly with a violation of the rules of the house, and
 Whereas, the said criticism is un- just,
 Resolved, that it is the sense of the house that the rulings of the speaker have thus far been uniformly fair and impartial"
 MT. Scott in making his usual expla- nation of his vote, said he voted for the resolution because he was satisfied that the speaker intended to be fair, and if he had made a mistake it was an error of the head and net of the heart.
 The Republican insists, and the logic of the facts bears out the claim, that Speaker Ashurst permitted the house to violate what he set up to be rule of the body, In the absence of any standing rule on the question. Mir Ashurst's error may have been partly of the head, but not entirely He is a politician, bound by party caucus to a certain action. He took position on the rules, which if maintained would have defeated the object of his party. and the instant that fact became ap- parent he abdicated his position. and permitted his party to do what he claimed is unlawful in parliamentary law He announced as a rule of the house that two-thirds vote is neces- sary to order the previous question. but he permitted a majority vote to order that question
 In the absence of any standing rule covering subject, Cushing's Manual is authority in the house. When the question came before the house Mon Shall the previous question be now put?' ?''-the proposition received an affirmative majority vote and the speaker ruled that a two-thirds vote was necessary to carry the motion, giving as his authority Cushing among others. The motion was made in effect, to overrule the chair, which was carried by a majority vote, and the speaker then ruled that the main question was before the house. The only way MT. Ashurst could maintain his position was to rule that a two thirds vote was necessary to overruIe his decision. By permitting a major ity to overrule his decision he allowed the majority to do indirectly what the rule directly prohibited. He had to do exactly as he did to allow the demo- cratic. resolution to pass. The end justified the means. It being inn possible to kill the dog with the poison prescribed, a club was brought into use. The precedent set makes any action possible by the majolity not prohibited by the higher law. All questions that may exist, no matter how privileged, re- quiring a twO-thirds vote, may be car ried by a majority in view of this prec- edent. To suspend the rules for ex- ample, requires a two-thirds vote, but the majority may suspend them now by casting it's vote, receiving the de- cision of the chair that the motion is lost, and then overruling the decision of the chair.
 The dignity which the house by its resolution has kindly given this mat ter makes necessary and pertinent the foregoing statement. The Republican stands pat'' It reiterates the accusa- tion that Speaker Ashurst permitted the house to violate what he main tains is a rule, and he is accessory be- portance of the whole matter is no doubt apparent to everybody not a member of the legislature. Another resolution, in the line of MT. Rartle- sons, is now in order.
 The cause of all the recent political wrangling 16-to-1, crime-of-'z3 resloution of reorganization to Sena- tors Stewart and Clark-made what is hoped to be it's last appearance when it came before the council for adoption yesterday. The Republican made no to delay it's adoption. MT. Carpenter spoke against it, on the