The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-06
PEABODY WINS.
First Round in Gubsrnatorial
Fight Awarded to Him.
Legislature Meets in Joint
SessiOn and Trouble Starts.
WAS A DOUBLE HEADER
Presiding Officer of Each House
Claims Right to Act.
Lieut.. Governor Finally Declares
Adi0Urnnnnmf oud Qa%Rrn~
Lieut.. Governor Finally Declares
Adjournment and Retires.
BUSINESS PROCEEDS.
Remaining Members Appoint q
Committee of 15.
To Canvass the Vote and Report
From Day to Day.

Denver, Jan. 6.-The followers of
Governor Peabody gained the victory
today in the first fight over the canvass
of the vote for governor. Amid the
greatest confusion, they passed a reso-
luton creating a committee of Is mem
bers, u of whom are Republicans and
three Democrats to canvass the vote
and make daily reports to the house
and senate with final report not la
ter than Monday morning.
At IL o'clock this morning the legis-
lature went into joint session. Con-
fusion at once resulted when Lieuten-
ant Governor Haggott, the presiding
officer ofthe senate took his position be-
side Speaker dickson. to direct the
joint session. Mr.. Dickson refused to
give way.
1.-THE clerk of the house will call the
roll" said Speaker Dickson with
thump of his gaveI.
The clerk of the senate will call the
roll of the senate" said Lieutenant
Governor Haggott.
Immediately the two clerks COM
menced to call the rolls amid great
confusion. But few names had been
called when Representative F'reWen
"Mr. Frewen has the floor" shouted
Lieutenant Governor Haggott with
thump of his gavei.
"Mr. Frewen you are out of order"
shouted the speaker.
"Ar. Frewen you have the floor" re-
peated Lieutenant Governor Haggott.
Bang, bang, went the two gavels. The
two men stood side by side behind the
speakers desk, both refusing to give
way. The confusion was so great that
no voice could be heard and although
Mr.. FreWsn continued to address the
assembly his voice was not distinguish
able. A motion to adjourn was made
To xy0fn
ayes and noes sounding in about equal
volume.
THE ayes have it and the joint ses-
sion is dissolved shouted Lieutenant
Governor Haggott.
1.-THE noes have it, and the motion is
lost" shouted Speaker Dickson. Whack
went the lieutenant governors gavels
'''The assembly is dissolved" he shout
ed.
1.-THE assembly is not dissolved" call
ed the speaker.
'I repeat that the session is ended
and the senators will leave the room,'
said the lieutenant governor, and out
filed the senator's, headed by the lieu
tenant governor amid great confusion.
Many of them did not leave the room
but stood behind the seats of the rep
resentatives watching the proceedings.
Speaker Dickson refused to recognize
the passing out of the senators and de-
clared that although the senators had
left the room the joint session was still
Representative Frewen raised re-
peated points of order to the effect that
no joint session was being held, and
was promptly ruled out every time
by the speaker. A roll call was final
Iy obtained on the point of order that
no joint session was in progress and it
was declared lost by vote of 40 to s.
Representative Griffith then presented
a protest from Governor Peabody
against the manner in which the last
election had been held
The reading had proceeded but a
few minutes when Representative
Frewen interrupted with a point of
order that the protest was not ger
name to any subject under cons1dera-
ton. He was ruled out of order by the
speaker and appealed from the deci-
sion of the chair. The speaker refused
to put the appeal despite Mr.. Frewen's s
repeated demands. Mr.. Street moved
that the assembly adjourn and the
speaker declined to put it. Mr.. Street
according to the rules of the house
He was informed by the speaker that
no rules had been adopted for control
of a joint session.
sHThen all the more, Mr.. Speaker
shouted Mr.. Frewen, springing up,
''are you proceeding without warrant
in Iaw?''
Cheers from the gallery greeted the
remark. The chair directed the reading
of Governor Peabody's protest. The
clerk continued while Mr.. Street con-
tlnu6d to cla1nOF IOI TGCOSIlllOn OH d
question of personal privilege. The
speaker refused to recognize him in any
way The reading of the protest was
followed by the presentation of a reso-
luton providing for the creation of a
committee of 10, two-thirds of the MEM
bers from the house. one-third from
the senate to canvass the vote with
daily reports and a final report not la
ter than Monday.
AS soon as the reading was finished
Mr.. Griffith demanded a roll call on the
adoption of the resolution.
Sixteen members of the senate re-
sponded to the roll call, two of them
present declining to vote. When Sena-
tor Morgan's name was called he de-
clared that the treatment given to the
presiding officer of the senate had been
an insult, but he would vote for the
resolution rather than affiliate with the
Democratic party.
The resolution was adopted by a vote
of 81 ayes. noes 1, the negative vote be-
ing cast by Senator Wood. Fifty votes
constituted a quorum.
The governor was then informed of
the receipt of his protest, and the adop-
ton of the resolution creating the COM
mittee.
xr-ao+E,e,. Indications