Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-01-28
DISREGARD OF LAW
Provisions Of State and Federal stat.
utes Not Carried Out By
Either House.
BY JOHN C. BOND.
The Evening World Bureau.


Charleston, w. Va, Jan. Is.
Some dangerous negligence IS being
INDUCED in by the Democratic major
ity OF the alleged legislature which is
in session at the capitol Not only is
the house management careless In
passing resolutions which should be
joint reolutions but both houses have
overlooked the fact that no joint rules
have as yet beea adopted.
Both the house and senate adopted
the old rules with slight amendments
and voted that the same joint rules
which have been in effect for the past
several sessions should govern this
year. But parlamgntarian say that
2 joint resolution must pass both
houses in order % adopt the old joint
rules including that for the slection
Of United States senator's.
Federal Law unobserved.
Under the federal statute the two
houses shall meet IN their respective
halls on the second Tuesday after the
legislature meets and Is organized
Admitting that for the purpose cfi
eleeting United States senators that
the senate Is organized the two houses
voted separately for senator's yester-
Gay, On the following day the
houses meets jointly to declare the re
suit If any candidate has been elected
and if not to vote on candidates. At
| The session of 1891, joint resolution
was adopted laying down the pro-
cedure and at each session heretofore
this rule has been re-adopted But 50
far this year no such rule has been
introduced, though most OF the men,
bers believe that 1t Is in effect. The
rdle as adopted heretofore for govern
ing such joint sessions Is as follows:
AT ~ o'clock meridian on Wednes-
day following the second Tuesday of
the meeting Of the legislature, at any
session thereof at which a United
states senator is to be elected. the
senate In body. preceded by it SER
geant-atarms, president and clerk,
shall repair to the hall of the house Of
delegates, and upon their arrival the
sergeant-at-arms of the house shall an
i ncunce their presence to the speaker
/ Ct the house. The president of the
senate shall then address the speaker
or the house. stating that the senate
has assembled in the hall of the
house of delegates for the purpose of
carrying into effect the act of con
gress providing for the election of
United States senator's. The speaker
/ OF the house OF delegates shall then
invite the president OF the senate to
take the chair, and the president Of
| the senate shall act as presiding off,
Ger of the joint assembly. After the
/ senate shall have been seated the roll
/ OF each house shall be called by the
clerk thereof, to ascertain If major
ity of the members elected to each
Louise is present, and the clerk OF the
senate shall rsad the journal OF the
senate, and the clerk Of the house
shall read the journal of the house, Of
the preceding day, and the voting of
the preceding day shall be announced
by the presiding officer Of the joint as
sembly. If the same psrson shall re-
ceive a majority of all the votes in
each house such person shall be de-
clared by the presiding officer OF the
Joint assembly duly elected senator to
represent this state in the congress Of
| the Unitsd States: but If the same
same person shall not have received a
majority of the votes CT each house
the joint assembly shall then proceed
/ 20 choose by a viva VOcp vote NJ each
member present a persoa for the pur
pose aforesaid; and in taking the vote
the clerk of the senate shall call the
roll of the senate, and the clerk of the
house shall call the roll Of the house.
The result of each vote shall be an
nounced by the presiding officer of the
Joint assembly, and each vote TAX II
shall be entered by the clerks Of the
two houses in their respective jour
nails. In case no person shall receive
a majority of the votes on the first
/ day, the joint assembly shall ms ct at
II O'Clock meridian of each succeeding
day during the session of the legisla-
! ture, to take at least one vote until
senator Is elected.
The president of the senate and
the speaker Of the house of delegates
shall have power to regulate the use Of
the halls and stairways of the Capitol
/ building for selling refreshments and
/ like purposes. whsn the legislature isl
IN session. Joint Resolution No. s.
Acts 1SS1.)"