The Birmingham age-herald., 1903-02-21
Jefferson County Member Tells Colleagues That He VIII
 Not Be Forced
NIGHT SESSION WAS
 RED HOT FROM START
Several Bills of Minor Importance Were Passed Without Objection,
 One Being the "Greater . EnsIey" Measure.

Montgomery, February 20. = (Special.)- Until the closing hour of the night session today had been an exceedingly quiet one in the legislature. But at 10 o'clock to- night regular cyclone struck the house chamber and for thirty minutes those members who were not engaged in an un- seemly wrangle sat with anxiety, won dering what the next moment would bring forth.
 Representative London of Jefferson, by refusing to answer a roll call to ascertain the presence of a quorum caused the dis turbance. The house had been for two hours and a half engaged in passing To- cal bills and others where there was no objection, and the session became so mo- notonous that it was difficult to preserve order
 Speaker Tunstall, though suffering from severe cold, was forced to take the chair to bring the house from chaos to Some members wanted to adjourn, while probably half-dozen more would rise at one time and yell for recognition to PoSoobt.
 Quorum Failed to Vote.
 Finally, on motion to suspend the rules for some purpose, quorum failed to vote and MT. Wood of Macon demand ed a roll call. The clerk was proceeding with the call, and several members, in cluding MT. London, gathered up their coats and started toward the door. The speaker ordered the doorkeeper to lock the door and let no member out until the completion of the call. When Mir. Lon don's name was reached the clerk called it out three times in distinct voice, but there was no response.
 MT. London occupied seat in the rear of the chamber near the cloak room in plain view of all the members and MT. Bankhead called attention to the fact that MT. London was present and refused to answer to his name. MT Hoffman made the point that every member was required to answer.
 If the gentleman from Mobile will cite me to such a rule I will answer re- torted MT. London without rising from his seat.
 MT. Bankhead said the famous Reed rules required that all members present should vote At this suggestion Mir Lon don arose and started toward his seat, saying as he went, MT. Speaker, l de- cline to vote" The situation was be- coming embarrassing and members were looking on with amazement.
 MT. Benners arose and in a quiet tone said MT. Speaker move that unanimous consent be given to excuse my colleague from voting" holf dozen members arose and at once protesting that the gentle man from Jefferson should be made to vote. T decline to vote,' was MT. Lon dons reply. The speaker read rule 35, which requires that all members shall vote, etc This brought MT. London to his feet. T decline to answer MT. Speaker" he said, mo member can force me to vote unless I so desire and I will not be forced.'
 TunstaIl Takes the Floor.
 It was plainly visible that Speaker Tun- stall took this as a defiance and he re- linquished the chair to MT. Callahan. Descending to the floor, he addressed the chair with some emotion. This Is question in which I have no personal in- terest" he began. There Is a quorum present whether the gentleman from Jeff ferson answers to his name or not, but there is higher question at stake It Is whether or not a member will obey the constitution of the state. The rules of this house are formed under consti- tutional provision and these rules provide that each member shall vote. If the mem
 
 sit here and refuse to vote do not charge it to me. I do not desire that responsi- bility. You have adopted the rules by your votes. If you want them adopted say so Otherwise I cannot enforce them."
 Mir Tunstall closed rather exctedly and immediately some member moved that MT. London be recorded as present. "The chair will hold that a man can be counted as present and the clerk will record the name of MT. London as present." said the temporary presiding officer. "The chair has no right to order the clerk to record any gentleman as present." quick ly exclaimed MT. Tunstall.
 All Eyes Now on London.
 All eyes were turned upon Mir. London as he arose and addressed the chair. T did not defy the speaker nor the house." he said 'When my name was called merely exercised my right and declined to answer. l do not desire the house to understand that I intended any reflection upon the speaker"
 .'Then why do you refuse to vote." asked MT. Shafer
 simply because I don't want to-" re- piled MT. London. "The speaker has not enyoked any Czar rules, and I deny any imputation or suggestion that I have n- tended to reflect on him. He has con- trolled this house with great skill and impartiality and I want the speaker to understand that I am here to defend his course"
 As Mir London concluded he walked across the floor to where MT. Tunstall and MT. Lusk were in consultation and he joined in their discussion
 T think the members are laboring un- der a misapprehension of the rules" said Judge Walker of Madison in his usual calm voice. There Is rule to require a member to vote, but none to require him to answer roll call. MT. Hoffman said this matter had gotten beyond the ques- tion of motions.
 London Finally Accedes.
 It was now whether a member would submit to the rules and he was proceed ing to read rule 26 which states that all members shall answer roll call unless excused. sick or otherwise unavodably absent. Before the reading was com I'sted Mr. London called out Mir.