The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-03-08

- v
Nays. Alldredge. Barth. Docpp.
Hlnkle. Mabry. Walton. Evans.
Paired-Evans and Mccoy.
MFR. Evans voted.
Mr.. Holt arose TO a point Of order
and stated hat a pair .iad been an
nounced yesterday on the floor Of the
senate. both gentlemen being pres
ent. and that there had been no ex-
ccption made at the time,
MIR. Evans then stated that an
agreement had been had between
himself and Mr.. Mccoy that the pair
would not be binding in cas- a veto
message was received from the gov
ernor.
Mr. Holt Insisted on his point OF.
order, and the president ruled as fol-
lows.
"The gentleman IL entitled TO vote
n he 10 desitvn. ,hc question Of pairs
b. simply one OF an agreement be-
tween the gentlemen themselves n
the nat has no control over the
matter
Mr. Holt stated hat Il was a rule
81 the senate that when a pair was
announced on the floor of the senate,
without any qualifications. and So re-
corded In the journal. the same was
binding upon the parties thereto as a
matter Of principle.
The president again stated his rul-
ing. that the gentleman vas entitled
TO vote IL he 50 desired.
Mr.. Holt then appealed from the
decision of the president
Mr.. Evans insisted on voting.
Mr. H.lf afufaA fhuf a. IN. nraak-
tent insisted on adhering to his rul-
ing he would be compelled to insist
upon his appeal. and stated AZ fol-
lows.
II wish To- be clearly W. ierstood
on this matter. ! am not taking this
In a spirit of un~kindness, but because
! believe hat "a rule OF the senate is
being violated. II agreements Of this
kind NEAR anything. they certainly
mean hat they are To be observed by
those who enter into them. They are
made q matter OF record under the
rules of this senat and II agree
mcnts of this kind are not 10 be rec
ognizcd and are 90 be- violated at the
will n pleasure OF % senator, or one
II the parties entering into the same.
why did We adopt these rules? We
all know when those rules were made
that they were 60 be observed and
respected by all 81 the members OF
h seuatc-this is simply a matter
OF principle. When a gentleman en-
tcrs into an agreement II this kind
and when the same has been an
nuunccd aud h made "A matter OF rec
ord, he has no right to alter or
change the same while the absent
member rs away"
The president then stated the ques-
ton. shall the decision Of the chair
stand as the Judgment Of the sen
ate. After discussion the chair
stated.
The chair in H. right Ia speak
briefly on this question desires To-
state that while this senate has a rule
providing FOR the recording OF pair,
according To all prccedents OF the
house of representative Of congress
this is a matter on which the senate
has no control Notwithstanding It's
rule. The house Of congress has "A
rule very SIMILAR 10 ours, Il reads as
follows.
Pairs shall be announced By the
clerk. after the completion OF the
second roll call, from q written list
furnished him aud signed by the
member making the statement To the
clerk, which list shall be published
In the record ss a part OF the pro-
ceedings, Immediately following tho
names of those not voting; provided,
pairs shall he announced. hut once
during the same legislative day
Now u requirement IL very sim
liar .. this a. V..HHIv.a that u.Ian-
ever a senator is absent the clerk may
record "A pair, but notwithstandins
THIS rule the senate has no control
OF the matter
Now, | wan 10 read a precedent
M the house Of cOugTess on "a case
analogous to this. / read from Hind's
freccdents of the House OF repre-
sentatives INol. g, Section 5gslJ.
Pairs, although receiving recog-
milton in the rules OF the house, are
essentially a matter of private ar
rangements between meEsbers,' etc
Sec. 59s2. "A suggestion being
made that "A pair had been disregard
ed. the speaker held that this was not
"a question for the house. On March
20, 1909, the yeas and nays had beer
taken on the contested election ease
Of Moss vs.. Rhea Or Kentucky, when
Mr.. James a. Tawucy, Of Minnesota
said: II notice In the announcement
OF the pairs a pair between Mr. over
street and Mr.. Hamburg Of New York
Ny recollection is that Mr.. Hamburg
Il do not know whether he is here
has voted"
The speaker said. THE gentle
man is IA Whiting in the al.
firmative. The House annot decide
that question. IL IL IA matter oI
honor for any gentleman as q
whether he viii observe his pair. The
chair knows OF no law Governing the
natter
II believe further That no gentle.
man OF this senate can be deprived
OF the right that II given to him b,
the constitution To deposit his vote OF