Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-06-29
BEN HILLS SOLON
SEATED IN HOUSE
By Vote of 145 to ID House Gives
Marion Dickson a Seat After a
Spirited Contest-Two Reports
Had Been Filed.


will retain the seat on the floor Of the
| I9O9-191O house of representatives to which
| he was elected by the people of his coun-
| ty last October on the same day that the
people of Georgia voted upon the consti-
| tutional amendment that created a seat
/ for that county's representative in the
| legislature.
So voted the lower house Of the general
| assembly Monday morning, 145 members
| declaring that Ben Hills representative
should be seated and Is members holding
| the contrary view.
With this action, reached after long de-
! bate through two days of its session, the
house concluded a matter that was bid
! ding fair to tangle it almost interminably.
| The question of the legality OF measures
! to be enacted by house with the gentle
man from Ben Hill sitting in it had been
raised, an investigating committee had
been appointed, the committee had fall
| ed to agree, a majority report had been
| submitted by three members, minority
| report had been submitted by the remain
ing two members, and the whole matter
had been energetically threshed out on
| the floor of the house.
| The priviledged resolution of the COM
mittee which Investigated the right of
Ben Hill county's representative to a seat
on the floor of the house, was the first
matter to come before the house Of rep
resentatives. Monday morning, after 1t
had convened at 10 o'clock and the usual
routine opening the session had been fol-
lowed
| Immediately after the resolution was
read, the majority report recommending
the adoption of the resolution (Which au-
thorizes the seating of Marion Dickson,
the accredited representative from Ben
| HID was read.
It was signed by Messrs. Reid of Camp
bell Hardeman of Jefferson and Meadows
Of Toombs. The minority report signed
by Messrs. Hall of Bib and Tuggle Of
Troup. opposing the recommendation Of
the majority, was then read. On the mo-
ton of Mr.. Tuggle of Troup. to adopt
the report of the committee, Mr.. Hall,
one of the minority, stated his opposition
verbally to the house. The point that he
made was that on the same day when
the constitutional amendment was voted
on by the state, increasing the number of
representatives in the house by one anil
giving that one to Ben Hill-and before
even the last vote on the amendment had
been cast, much less before the returns
were declared-the people OF Ben Hill
county voted for a representative to I'LL
the position that had not yet been Gre
lated.
! Mr. Middlebrooks of Newton opposed
| the stand of Mr.. Hall.
Mr.. White of Screven, who introduced
| the original resolution authorizing the
| committee to investigate the question,
also argued that the representative from
Ben Hill should be seated.
OUGHT TO BE SEATED.
| Mr.. Heard of Dooly. saying that he was
! intruding probably where angels feared
| to tread and that I'VE have heard oratory
/ and oratory and oratory," called for
plain common-sense statement of the
| case. He said IL there were any irreg-
| larity in the election OF the gentleman
| from Ben HILL IL would be all an affair Of
the people of that county. There has been
no contest on Mr.. Dickson's election. he
| pointed out. IF they are satisfied with
| it." he said, I'VE should be. In the spirit
| of fairness the member ought to be seat
ed"
/ Mr.. Parker OF Talbot called for the pre-
vious question. The call was sustained
AS minority leader in the report, Mr.
| Hall of Bib yielded ten minutes Of his
| time on the floor to his colleague, Mr.
Ellis Mr.. Persons Of Monroe interrupt
| ed with a question. citing the law which
| makes the house the judge of the election
returns of its members.
II Mr. Hall OF Bib yielded five minutes
more of his time to Mr.. Tuggle of Troup,
who signed the minority report with him.
Mr.. Tuggle opposed the seating of the
! gentleman from Ben Hill.
! The balance OF his time was yielded by
Mr. Hall to Mr.. Fulbright of Burke, who
/ supported the minority.
| Mr.. Hardeman of jefferson. leader of
| the majority committee, yielded ten min
utes of his time to Mr.. Anderson Of Chat
ham.
This is a question in which we ought
not to be governed by mere technical
tiles" said Mr.. Anderson.
| He yielded the floor to two questions
| by Mr. Hall of Bib. Mr.. Hall wanted to
| ask a third question.
| DECLINES FURTHER QUESTION.
| II decline to be further interrupted"
said Mr.. Anderson. Il regretfully de-
| cline"
Mr. Persons of Monroe, a friend of the
/ majority, asked a question.
| That may be true" conceded Mr.. An
derson, but 1 am afraid to go too far in
| technical discussion on the floor of this
house. Many of us are not lawyers and
| would not understand and would say
| What in thunder are we splitting hairs
| for?' 1 am on my feet this morning to
| prevent the splitting of hairs"
| Mr.. Hardeman of Jefferson, leader of the
majority committee. got the floor. Mr..
| Hall of Bibb sought to question him.
REFUSES TO YIELD.
IT do not YIELD said Mr.. Hareman, in
| response to the formal question of the
| chair. II do not. The gentleman from
| Bibb has had several opportunities on the
| floor already"
| Mr.. Hardeman said that as a matter of
| law there is serious doubt in the ques-
/ ton of Ben HilPs right to seat her rep
| resentative; but it was to be decided by
! the house not upon legal hair-splittings,
he said, but upon grounds of fairness and
I justice.
| 1--WE are not here to defeat the will of
! the people," concluded Mr.. Hardeman.
| Mr. Hall called for the ayes and nays
1 on the vote upon the report of the COM
I mittee The call was sustained. The res
olution authorizing the investigation was
read, and the majority report was read.
| Mr. Alexander of Fulton explained his
aye vote Ordinarily, he said he would
I vote otherwise on such a question, but
under the constitutional clause that makes
the house the ultimate judge of the quail
ifications' of its members. he did not see
how any member could fail to sustain the
report OF the committee.
Mr. McMichael of Marion and Mr.. Reid
Of Campbell also explained their votes,
the former voting nay. and the latter vot-
ing aye. Mr.. McMichael later changed his
vote to aye, stating that he had voted his
contrary under misapprehension as to
the text of the resolution.
Mr.. Dickson or Ben Hill county voted
aye on the question. which affected his
ou-p Ssa+ He withdrew his vote a mo-