The Topeka state journal., 1909-02-20

The committee in its report read to
the house today found:
Concurrent Resolutions Lie Over.
"Ffrst-There is no authority in the
house rules upon this matter, except
the rule which provides that a con-
current resolution shall lie over one
day
''Second-There seems to have been
IN our legislative history no distinct
demareation between concurrent reSo-
lutfons and joint resolutions.
Third-There is no reference in
the constitution to a concurrent
resolution by such name. The near
est that instrument comes to men
tioning a concurrent resolution by
such name, is the section in regard
to amendments to the constitution
which provides that the house and
senate by both concurrfng with a two
ton to the people to amend the con-
stitutfon. but in no place in this sec
ion is the word concurrent resolution
mentioned or used.
Concerning Joint Resolutions.
"Fourth-There is. however. a pro-
vision in regard to joint resolutions,
but in those sections the word Joint
resolutions and resolution seems to
have been used without any reference
or knowledge or thought of a con-
current resolution. for the reason that
section 10, article 2, refers to Joint
resolution section IL uses the sim
pie word resolution section 49, Joint
resolution while section II uses in
the same section and on the same sub
ject both joint resolution and 'resolu-
tion.'
''Fifth-The number of votes neces-
sary to pass a concurrent resolution
in the national congress and in most
of the states. is the same as is neces-
Sary to pass BILL
High Authority Sustains DOlley.
.'Sixth-Your committee submitted
the question of the correctness of the
speakers ruling to Mr.. Asher c.
Kinds, parliame entarian for the ma
tional house of representatives. and
from him received the following re-
ply:
50 "A constitutional majority with quo
rum present is necessary in each house
for final adjournment Of the legislative
body unless your state constitution diff
fers radically from the national con-
Stitution.'
'-Seventh-The important functions
which concurrent resolution performs
in legislation can be seen from an ex-
animation of what has been done in
the national congress by a concurrent
resolution In 1856 bill after its pas
sage was amended by concurrent reSo-
luton; in 1901 a part of an enacting
clause was supplied in a bill, after its
passage, by a concurrent resolution; in
1906 an enrolled bill was amended and
corrected by concurrent resolution: in
1903 another bill was amended by con-
current resolution. after its passage; in
1890 an error was corrected in an en-
rolled bill and a speaker authorized to
erase his signature by concurrent res
oIution; in 1890 another bill after its
passage was amended and corrected by
q constitutional resolution
Committee Confirms Speakers Ruling.
such being the function of a concur
M
believe that the same should pass the
house or senate without a constitution
al majority voting in favor of it,
Every man, and every body of men
on earth, possesses the right of self
They receive it with their
being from the hand of nature. Indi-
viduals exercise it by their single will;
collections of men by that of their ma
jority; for the law of majority is the
natural law OF every society of men
When certain description of men are
to transact together particular busi--
ness, the times and places of their meet
ing and separating, depend upon their
own will.
This, like all other natural rights.
may be abridged or modified in its ex-
ercise by their own consent, or by the
law of those who dispute them. if they
meet in the right of others: but as far
as it is not abridged or modified. they
retain it as a natural right, and may
exercise II in what form they please,
either exclusively by themselves. or in
a association with others or by others al
together. as they shall agree
"A majority of each house shall
constitute quorum to do business;
but a smaller number may adjourn
from day to day, and may be author
lied to compel the attendance of alb
sent members
Pertinent Recommendations
.sIn the light of the authorities and
reasons heretofore given, your COM
mittee finds that a constitutional ma
jority of sixty-three5 votes is necessary
to pass a concurrent resolution fixing
the time of adjournment that this is a
matter Of fundamental law and natur-
al right, and is not a question of par
IiamentaFy procedure: that any other
ruling would be wrong: that 1t being
a matter of fundamental law and nat
ural right, there can be no appeal from
such ruling.
your committee further recon-
mends that hereafter all resolutions,
whether concurrent or joint, be refer
order that such committee may ascer-
tain whether such resolutions are in
fact concurrent or joint resolutions and
make such reports on them as viii
conform to the substance OF the resolu-
lions and not to the FORM
The report of the committee was
adopted by the house on a yea and
nay vote The speaker shut of the hot
air artists on both sides of the house
and forced a vote on the report 9th
srwise the house would have spent the
day in debate on the report
The house will spend the day on the
guaranty bill and expect to pass the
measure before adjournment this even
ing without further amendment Of con-
sequence The bill has passed the worst
Of the shoals.
The house viii be in session Mon
5ay. the 22d. but will not consider the
utilities bill until Tuesday morning