The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-03-05

OF the members OF said boards. Sucl
joint resolution was heretofore passed
by the house and senate and went into
the hands of the governor for his ap
proval or disapproval by the executive
The senate has not passed said resolu
ton over the veto of the governor
nor in any way reconsidered said veto
Il therefore, make the point OF or
der that this convention of the house
and senate would be acting without
authority of law to enter into an cleo
ton of the members of said boards OF
elections"
At this juncture Representative
Moore of Haywood, asked permission
to leave the hall President Kinney
stated that he could leave if he would
state that he did not do so for the pur-
pose of attempting TO break quorum
and would promise to return within a
few minutes.
Mr.. Moore showed anger and said
that he stood upon his rights as a
free-born American citizen.
Representative Langford leaped to
his feet and demanded to know who
the strangers were who were assist
ing in keeping the door of the hall Of
representatives so that members could
not have ingress or egress at their
pleasure.
The president of the convention re-
piled that these men were duly ap-
pointed assistant sergeant-at-arms.
Leave by Force.
Representative Gordon was recog-
nized, and said that those members
who did not recognize the legality of
this convention had no intention of
breaking a quorum They felt that
there was enough on the records to
show their attitude in regard to the
legality of this joint convention; but
if members were to be arbitrarily de-
MED the right to leave the hall he
would join with any others in an eff
fort to leave the hall by force.
Mr.. Langford sprang to his feet and
said he would join in such move
ment, as did also half a dozen others.
Very calmly, President Kinney ordered
the sergeant-at-arms to seat the gen.
tleman from Hamilton (Mr. Carden),
which the sergeant-at-arms did, and
the other obstreperous ones subsidized.
Mr. Moore of Haywood agains re-
newed his request to leave the hall,
explaining that he did not want to do
SO for the purpose of breaking quo
rum He was permitted to leave the
door.
Senator Holiday was recognized
and addressed himself to the point
of order raised by Mr. Dixon. He said
the only qeustion worth considering
was the one as to whether or not the
could legally proceed to
elect the officials named in the call for
this joint convention. The legality OF
any action the convention might take |
was a question the courts could de-
termine, if necessary. There was no
question raised as to the legal right !
Of the convention to make rules for
governing it's procedure. II this ac-
ton was not legal, of course the courts
could settle IL
Very Point Decided.
Continuing, Senator Holiday said
hat the very point attempted to be
made. that a joint resolution signed
)y the governor, or passed over his
yeto, was necessary to make the joint
convention a legal convention, had \
,een decided in the supreme court OF
kentucky. The court had held that
10 Joint resolution was necessary, and
he case was almost exactly parallel
me to the present case. The consti-
ution of Kentucky was practically the
anne as the constitution of Tennes-
zee. Senator Holiday made the fur
her point that the present conven-
ion had first accepted the invitation
# the house to meet in joint conven-
ion when the resolution was adopted,
nd at that time there had been thirty
hree senators present acting upon the
esolution.
Representative Garden was recog-
lied He said that all that was want
d by those who thought with him on I
he matter of this convention, which
q did not recognize as legal one,
,as TO know and discuss all points and
ifferences of opinion on the legality
Z the conventions proceedings. He
eferred to the runaway senators as 2
he patriotic absent whose actions I
Q fully endorsed. Mr. Garden said G
hat he did not want to participate in
nvthing that q gentleman could not. q