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

! dared to have done had those senators
been present No man, Mr. Garden
said, be he sergeant-at-arms or not,
had any right to prevent the free
Iegress or ingress of any member OF
the general assembly.
Representative Dixon said the new
election laws specifically required that
a joint resolution should be adopted
fixing date for the joint convention
to elect the officials created by the
new laws. Such joint resolution had
been vetoed by the governor and it
must be passed over the latter's veto;
else, why did the constitution specify
that all joint resolutions should go to
the governor? Mr. Dixon said he did
not question a comptroller and treas
urer, as the law did not require a res
olution in such case. But the new
acts themselves made this specific re-
quirement.
Representative Puryear took the
( floor He took it that the gentlemen
who were running this convention had
their minds made up as to what they
were going to do, but thought it his
duty to point out and try to make
palmer the illegalities of these pro-
ceedings. A joint resolution was
/ JnI co in, Of q
new election acts He had studied
the Kentucky case referred to by Sen
ator Holiday, upon which he did not
doubt the present convention would
base its mode of procedure, and which
case the chair doubtless would make
the basis for his rulings. The Ken
lucky statute stated that the peniten-
tiary commissioners, who were the
officials elected then, should be elect
new Tennessee election laws went fur
Their and said the election of the cleo
ton boards created by the acts must
be chosen on a date to be fixed by
joint resolution for a joint conven-
ton. Therefore, this convention could
not be legally held.
Representative Stewart, of Cannon,
was the next recognized. He read
the oath taken by each member of the
bers, giving emphasis to that part to
support the constitution of Tonnes
see. He then read the following from
articles 2, section IS, of the constitu-
ton:
Every joint resolution or order lex
cept on questions of adjournment)
shall likewise Gas bills) be presented
to the governor for his signature, and
before it shall take effect shall receive
proved by him shall, in like manner
Gas bills), be returned with his objec-
ton; and the same, before 1t shall
take effect, shall be repassed by ma
jority of all the members elected to
both houses, In the manner and &C
cording to the rules prescribed in
case of bill"
Mr.. Stewart said the journal showed
that no quorum of the senate was
present, and that he would not par
ticipate in any such illegal gathering
as this one.
Senator Greer took the floor and ar
gued that the present convention could
proceed legally. Mr.. Dixon, he said
had admitted that a treasurer and
could be elected by the
in a lawful manner. II
this was true, why could 1t not pro-
coed with the election of the members
Of the new election boards. Refer
ring to the Kentucky case, Mr.. Greer
said the distinguishing feature of this
case had been entirely overlooked by
Mr.. Puryear when the latter had re-
erred to 1t. The vital feature of that
Ease was the fact that joint action {
lad been without executive approval. {
4 the TWO houses OF the leuuebbec
legislature could meet in joint con-
vention without the governors APP
,roval it also could fix date for the
choosing of the election boards.
Representative Hickman said that u
lie had been reading the oath the leg I
slators took when they became men, 5
,ers and he noticed that 1t required /
hose who took 1t ito perform with I
idelity" their duties as members. He t
aid members could not perform their. d
uties with fidelity unless they were d
ere to perform them Q
Presidents Ruling. lp
On Representative Dixons point OF e
rider that the resolution had been We &
oed by the governor, and that the c
could not meet under 1t, G
he president of the convention ruled
s follows: G