Omaha daily bee., 1899-02-21
Lieutenant Goverror Declines TO Make
Ruling Before Ballot is Taken
Failure to vote saturday
BASIS of Objection.

Davidson. -. =.
Martin 49,. 1 :.
Mi,,Ie h%tIr' M -, " :. :. :. :. :.
-
Total .I31 I32 125 12s 1913 1873 ~
To elect. 90 81 83 % CT 85 ~
LINCOLN, Feb. 20.-(Special telegram ,
The only change of vote recorded was Beret
from Hayward to Field, the explanation
being that the change was on the request of
many constituents.
The absentees were: Armstrong, Beisner,
Boulier, Chittenden Farrell, Fisher, Det-
weller. Cox Easterling Dunn, Hicks, How
ard, Elwood, johnson, Grandstaff, Knepper,
Mccarthy, Mckinley, Morrison, Murray.
Owens Peck, Rouse, Sandal, Schaible,
schaal, Smith of Saline, Smithberger, Taylor
of Fillmore, Thompson of Clay, Thompson OF
Merrick, Tucker, Walling, Watson, Wood
ard, Wright, Hardy, Hathorne Moran,
Wheeler, Zellers OF the absentees Arm
strong, Beisner, Hicks, Mccarthy, owens,
Rouse, Sandal, Schaible, Thompson of Mer-
rick, Tucker, Walling Hathorn and Zellers
are Hayward supporters; Chittenden has
been voting for Weston; Fisher for Thomp-
SON. Detweiler and Cox for Webster Smith
of Saline for Van Dusen; Smithberger for
Hnshaw and Boulier, Farrell, Easterling,
Dunn, Howard, Elwood, Johnson, Grand
staff, Knepper, Mckinley, Morrison, Murray,
Peck Schaal Taylor of Fillmore, Thompson
of Clay, Watson, Woodard Wright, Hardy,
Moran and Wheeler, fusionsts.
Canndny Takes 81 Hand.
Senator Canaday offered the following reso-
luton, which Representative Burns moved
to lay on the table:
Whereas, The senate held a regular ses-
sion on February IS, 1899, and
Whereas The members of the legislature
failed to hold joint convention and take a
ballot for United States senator on said date
as provided by law, and
Whereas, This convention has no authority
to further proceed in the matter of the cleo
tion of United States senator, therefore, be it
Resolved, That this joint convention ad-
journ sine die.
The chair ruled that the question was de-
batable and Canaday stated that the senate
was in session on Saturday, that it was not
officially notified of the adjournment of the
house, and it's plain duty was to proceed
to ballot on senator. Having failed to
do this, the further balloting on United
States senator was illegal.
Prince of Hall spoke against the resolu
ton, declaring that the point raised was too
trivial for consideration.
The chair ruled that the resolution at this
after the roll call. He held that the joint
assembly was clearly in session, and its duty
was to proceed to a vote. He would not at
this time rule on the point as to whether
the vote should have been taken on Satur-
day 1t would be usurpation of authority
for him to declare the joint assembly ad
journed without having first taken a vote.
Text of GiIbert's Decision.
tenant governor, which did not seem to de-
eide anything, was as follows:
"The chair will state he does not feel like
holding that this joint assembly is not law
fully convened. The question as to whether
a joint convention ought to have been held
on Saturday for the reason that the senate
was in session is an open question. 1t is
a question that the chair Is not sufficiently
informed upon to intelligently pass upon at
this time. The chair is of the opinion that
If there is a majority of the members of
both houses present 1t is a legally con-
stituted joint convention, whether the mum
Der present shows a majority or quorum of
each body present or not In fact if it is
necessary that a majority of each body
shall be present then it is necessary that
sixty eight members be present in joint
convention to constitute joint convention,
but the chair does not think that this is
correct.
But so far as the question raised by this
motion is concerned, the chair would not
hold that a joint convention should have
been held Saturday and that therefore this
joint convention Is invalid. He does not
think he would be authorized to hold that.
He is a creature Of the body over which he
presides and for the chair to attempt to
hnlb hat ha ho6v
stituted 1t seems to me would be a usurpa
tion on his part.
THE chair is also of the opinion that
it is necessary to take a ballot on each
legislative day Now mark you, the chair
does not say that a Legislative day Is one
when only one body is in session, but today
is legislative day and 1t is therefore req
uisite under the law that ballot be taken
on each day and that being the case the
chair is of the opinion that the point of
order made by the gentleman from Hall
(Mr. Prince is well taken and the motion
to adjourn is not in order until a ballot for
United States senator is taken. This reso-
luton would be in order after the ballot for
United States senator"
After the roll call on senator an effort was
made to renew the resolution, but motion
to adjourn got in ahead.
IndiNiduuI vote.
The record OF individual vote is as fol-
lows:
Allen-Canaday, Carton, Cawthra, Cos
grove, Crockett, Cunningham Dobry, East
man, Endicott, Flynn, Fretz, Fuller Grell
Grosvenor, Hale. Kiester, Lemar, Loomis
McCracken, Memminger, Miller, Morgan,
ONeill, Smith Of Antelope, Smith Of But
ler siecke, Shore, Spohn, sturgess, Swan,
Tanner, Taylor OF Custer Vandegrft
Weaver, Webster, Wyman-36.
Observation-Disclosures, Allen. Arends
Blake Currie, Ditmar, Evans. Fowler
Gffert, Halderman, Hall, Hannibal Harris
Hastings. HILBERT Holbrook, Nesbt. New
ell, Pollard, Prince, Prout. Reynolds Smith
Of Richardson, Steele, Wilcox, Young-27.
Thompson-Anderson of Lancaster, Burns,
Clark, Harkson. Israel Lane. Mann, Rookie,
Talbot-9.
Webster--Beyerly. Burman, Crow, Houck,
Myers, Noyes, Olmsted. Van Dusen-S.
Field--Barton, Berlet, Chambers, Scott,
Wenzl-5.
Weston-Jones-l.
Reese-Haller-l.
Foss-Grafton-1
Adams-Milbourn-1
Cornish-McCargar-1.
Hainer-COnwell-1.
mbertson-Jansen-l.
InhhIes Are IiyeIier.