Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-16
INTEREST H
CLAIMS
ALLOWED
A Bill Lost Twice Taken Up
a Third Time and Passed
on Re- Consideration

After voting down the bill pro-
v,ding All appropriation of approx
imately $4,000 for the payment of
interest on certificates of allowance
of claims against the state, which
were held up on account of the in
vokine of the referendum upon the
general appropriation bill last year,
twice in succession and upon the
same day the house of representa-
tives is placed in the unique and un-
precedented position of having taken
second reconsideration of It's pre-
ylous negative action and reversing
its previous judgment by the vote of
81 ayes and 20 nays; three absent
and not voting.
While the bill received the requi-
site number of votes to secure its
massage Speaker Davey was unde-
cided upon the point as to whether
the house had any authority to re-
consider a vote upon bill more than
once, and this announcement from
! the chair set the minds of the legis-
lators a buzzlng, and the question of
the constitutlonality of the bill or
violation of parliamentary usage
then became the order for discussion
The rules of the house provide that
question may be reconsidered upon
the same day, or within three days
thereafter, but it Is generally under
stood the rules of the assembly do
not touch explicitly upon a. point Of
parliamentary law Roberts rules Of
order prevail, and Roberts rules OF
order upon this question provide that
no question shall be brought up for
reconsideration more than once.
The speaker announced, under
these circumstances, that, while his
authority was not distinctly pointed
out in the matter, the only thing left
for him TO do was to declare the bill
passed, which he did, and II now re-
mains for anyone who wishes to con-
test the action OF the legislature TO
do so. But II is the prevailing opin-
ion among legislators who are versed
in legal technicalitles that the legis-
lative body is supreme in the matter,
and that its actions are not review
able in the courts, so far as parlia-
mentary usage is concerned. The
only recourse that is now left open,
In case there Is a desire to defeat the
measure upon a technicality, is for
some member OF the senate to arise
to a point OF order and demand the
exhibit OF the records OF the house
concerning the consideration and
passage OF the bill. basing his point
upon the Joint rules OF the two
branches Of the assembly. and de-
pend upon that body to sustain his
objections.
, Reconsideration of the bill was
brought about through the influence
OF lobby of some of the most prom
inent merchants and business men of
this city, who busied themselves
among the members of the house
yesterday afternoon and succeeded in
convincing them that an injustice
was being perpetrated upon at least
majority OF the holders OF these
certificates, who cashed them upon
face value. and with the understand
ing that they were TO receive a rea-
sonable rate OF interest upon them.
Among those who were the strongest
opposers OF the bill when II was
twice defeated In the house were
Representatives Vawter, Northup
and Purdy, who apologized for their
firm negative stand upon previous
consideration OF the measure and
their contradiction of the represen-
tations Of the conditions surrounding
the necessity for making the appro'
priation by Mr.. Rodgers. OF Marion
by stating that they had been con-
vinoed that the majority OF the
claims for interest was just, but II
was thought that a segregation OF
these claims should be made, and q
motion was made that the bill be re
ferred for adjustment and seggrega'
tion, but the motion was lost and
the bin was adopted as II stood.
Begin Early Monday.
The lower house adjourned al
noon today to meet again Monday
morning at 3 o'clock. The senate
did not meet today having adjourned
Friday night until Monday morning
at 10 o'clock. II is expected thai
both houses would be in session ev
cry day next week. not only during