The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-01-07
PEABODY REPUBLICANS
WON BATTLE
(continued from First Paae.l

no member was permitted 10 pass
out.
Again and again Representative
Frewen raised the point of order
that no proper joint session was be-
ing held and every time the speaker
ruled him out of order
Mr.. Frewen was persistent, and APP
pealed from the decision of the chair.
The speaker was sustained by a vote
of 40 to 6. Representative Griffith
then presented a protest from Cover
nor Peabody, which was read by the
clerk. 1t covered the history of the
recent election in Denver, the greater
part of which has already been pub
lished. and suggested to the Legisla-
ture that it was the duty of that body
to make a complete investigation of
the election. l protested against the
canvass of votes until the invesuga-
ton had been concluded and the num-
Der of legal votes cast for each candi-
date had been ascertained.
Accompanying the protest, a reso-
luton presented by Griffith, urging
the appointment of committee of
ten from the House and five from
the Senate TO investigate the vote
and report daily TO the Legislature
with the final report not later than
Monday afternoon.
Protest Read.
The reading OF the governors pro-
test had lasted but about a minute
| when Representative Frewen raised
the point of order that 1t was not ger
name to any subject under considera-
ton. He was ruled out of order, rails
ed his point of order again and once
more was declared out of order. He
appealed from the decision of the
chair. and the speaker refused to put
his appeal.
Representative Street moved an adj
journment and the speaker would not
entertain it. Mr.. Street insisted that
his motion was in order, according to
the rules. He was informed by the
speaker that this was a joint session
and no rules had been adopted for the
control of a joint session.
Then all the more, Mr.. Speaker"
shouted Mr. Frewen. ARE you pro-
ceeding without warrant in law"
Continue the reading" said the
speaker to the clerk. Mr.. Street
broke in every ten seconds with
question of personal privilege and ,ev-
cry now and then with the point of
order that no quorum was present.
The speaker declined TO notice him.
After the reading of the resolution,
Mr.. Griffith demanded a roll call on
it's adoption. Several members made
speeches explaining their votes. Re
publican Senator Morgan declaring
did not wish to ally himself with the
Democratic party. but he wished to
say that the presiding officer of the
Senate had been insulted by the
House.
The resolution was adopted by a
vote of 81 ayes to l nay, the negative
vote being cast by the Republican
Senator Wood. Seven Republican
Senator's We're present and voted for
the resolution. The other two Dem
ocratic Senators. Adams and Taylor,
were present and did not vote.
Throughout the roll call Represen-
tative Street constantly raised the
point of order. Finally the speaker
lost patience.
You will take your seat" he de-
manded sharply.
Il will not" replied Mr. Street
with energy.
The speaker was about to summon
the sergeant-at-arms, but several Re-
publican members shook their hands
at him and he refrained.
Mr. Street, having said he would
not take his seat. Immediately fore
swore himself and sat down. He
| lighted a cigar and slowly sent long
columns of blue smoke into the air
anu every time he sent up the smoke
he would look at the little blue cloud
then smile at the speaker. intimat-
ing. as plainly as though he said it
in words. that's for you"
After the adoption of the Griffith
! resolution, motion TO dissolve the
joint session was carried. Speaker
Dickson then called the house to or
der and it promptly adjourned.