Year: 1872

\ o. fsS' ~A1hy ouAuSt


might have happened during those


tweu,y y-four hours which would


have justified the Governor in call


ing the extra session. As a Senator


suggested, a fire might take place


the Capitol might be destroyed, 6


mob might be engaged in a serious


riot, an epidemic might suddenly


break out, an invasion might be


made-any of these events would
justify the Governor in calling an


extra session between the hour Of


adjournment on one day and the


hour Of meeting on the next. The
Senator may ask, was this such an
extraordinary occasion? We reply


that the one to judge Of that is he


who called the extra session. He


was vested with that power, and he
considered this one of those extra
ordinary occasions which justified


him in the step he took.


I assert here that of all the ex-
traordinary occasions which have
been suggested as justifying the


convoking of the General Assem-


bly, in extraordinary session, this
cause was the most extraordinary,
the most urgent and most complete
justification of the call. If the Gov.
ernor had sat quietly by, looking
on at threatened and actual revo-
luton, violence and anarchy, he
would have failed in his sworn duty
as the chief executive of the State
have been criminally derelict in his
care OF the public peace and we'll
being, and been condemned by all
good citizens.


wish to call the attention of
the Senator also to the fact that the
Legislature was not in session, as
there had not been a quorum in the
Senate.


Mr.. O'Hara-You say there was
a regular session Of the Legislature
called. Now, I would like to know
whether the Senate is in regular or
extra session now? 4?


Mr.. Campbell-The Senate is in
regular session. In that extra ses-
sion, according to the journal of the
House, which 1 hold in my hand,
fifty-fve members were present, and
among them were those Repre-
sentatives who, as tho Senator (Mr.
Ray admits, had been illegally ex-
PEELED or unseated at time when
certain members of the House were
held in duress by the United States
marshal. The House of Repre-
sentatives then proceeded, after de-
claring the reasons for their action
to declare the seat of Mr.. Carter
Wcant, and to elect Mr.. Brewster
Speaker. That was carried by a
vote of forty-eight to eight, fifty
seven members being present
during the whole extra session, and
that action has been recognized as
valid by the House at subsequent
sessions when from ffty-fve to
sixty-six members were present.
Now, the law is that majority of
the members sitting in the place
by law are the House of
Representatives, and I contend that,
no matter whether the action of the
extra session was legal or illegal, it |
was made binding upon the House
by the subsequent ratification of a
regular and legal quorum. I hold
that if doubts existed even up to
this day as to the validity of the ac-
ton of that extra session, the House
Of Representatives could tomorrow
BY ratifying, approving and con-
irming it, make it legal and bind
ng, and declare the Speaker then
elected the legal Speaker Of the
House. The pretension of MIR.
Carter that he can go to the Gem
saloon and act as Speaker, after
ifty-fve or sixty of the regularly
elected members have removed him
rom that Office, is absurd, and had
t not been for the development Of
his formidable conspiracy in our
midst, the proposition would not
nave met with any serious considera-
ion in the community.


Mr.. Ray--Suppose sixty or sew