The comet. (Johnson City, Tenn.) 1884-1916, 1911-05-11
ADVISES AGAINST
A COMPROMISE
STRONG LEGAL DOCUMENT
Caucus Declines to Treat with the
Fusionists While in Bolt After
Advice of an Attorney.

Nashville, May 6,-Feeling raj
high in the democratic caucus he'll
at the Tulane last night and culm
mated in a resolution denouncini
the filibusters and refusing to trea
with them on any terms.
Although no reporters were ad
mitted to the caucus, it was learned
that the democrats present, all whc
remain in Nashville, were very bitteI
toward the proposition made by the
fusioniSts this morning and de-
nounced any move to accept same
as traitorous and disloYal to the
Brownlow republicans who hao
stood by them when they needed
aid. ...
There is bad blood between the
two factions; the regulars and their
friends on one hand, the fusonists
and their friends on the other. Sen
ator Luke Lea, of Nashville, and
Newell Sanders, of Chattanooga,
have been in conference all day, at
tempting to find some way out of
the dilemma, it is said, but SO far
falling to arrive at any satisfactory
conclusion.
The Brownlow republicans are
wroth in their denunciation of the
attempt of the Hooper Evans-Lea
faction to eliminate them from con-
sideration as attempted in the offer
of compromise on the election COM
mission as submitted this morning, but
are feeling no uneasness since the
action of the caucus.
All the democratic legislatures in
the city were at the caucus at the
Tulane tonight and the resolution
passed by them was based on an
opinion given them by John J. Yer
trees.
The folling is the opinion of John
Vertress referred to above:
"Senator Baxter-In compliance
with your request, | give you this
opinion:
"The legislature is a constitutional
body whose time of meeting is fixed by
the organic law, 1t convnes on the
first Monday in January in odd years.
1t lives for two years. and of course its
session may be as longe as its life.
Inasmuch as the legislatures succeed
ing the civil war remained in session
for unnecessarily long periods, the con-
stitution of 1870 fixed limit on the
days for which members should be
paid, but did not assume TO fix limit
on the session itself
"The language of the constitution
Ia: But no member shall be paid for
more than sevehty-five days of re-
gular session'-thus showing that it
was contemplated that a session might
consist of more days, but nevertheless,
the members should be paid for only
seventy-five. 1t was designed to dis
courage long sessions, without doing
the absured thing of absolutely pre-
hibiting them.
"When the legislature assembled on
the first Monday in January last, and
entered upon its labors, ii continues in
existence and in session, in legal con-
until it adjourns.
"Neither house can do business
without quorum, and whenever there
is not quorum, those who do appear,
however small the number, are the
house for two purposes, namely: A
house with power TO adjourn from day
to day that is, not exceeding three
days. and to compel the attendance of
absent members in such manner as may /:
have been prescribed, by law, (Const.,
Art. 2. H.
"The situation at present, as under
stand it, is this:
"The senate has quorum and meets
and does business. The 1
house is without quorum, but num-
ber less than quorum regularly meets !
and adourns from day to day. The {
result is the legislature is in session, in 6