RETURNS OF AN ELECTION HELD NOVEMBER 8, 1910-continued. For Governor and Lieutenant-Governor. ⚫Unorganized. Whereupon, Hon. I. M. Standifer, The resolution was read and acting in his constitutional capacity adopted. as acting Speaker of the House of Representatives of the Thirty-second Legislature of Texas, announced as follows: "Hon. Oscar B. Colquitt having received the highest number of votes cast, I, by virtue of the authority vested in me by the Constitution and laws of the State of Texas, declare him duly, legally and constitutionally elected Governor of the State of Texas for the ensuing term of two years." "A. B. Davidson having received the highest number of votes cast, I, by virtue of the authority vested in me by the Constitution and laws of the State of Texas, declare him duly, legally and constitutionally elected Lieutenant Governor of the State of Texas for the ensuing term of two years." PENDING BUSINESS. The Chair, Senator Watson, announced that the reading of Senate bill No. 5 was the order of business and directed the further reading of same. REFUSE TO ADJOURN. Pending the reading of the above bill, Senator Hudspeth moved that the Senate adjourn until 11 o'clock, Saturday night, January 14. The motion to adjourn was lost by the following vote: Astin. Meachum. The Chair then announced that the business of the joint session was Kauffman. concluded and delivered the election returns used in counting the vote Murray. into the hands of Acting Chief Clerk O. P. Basford, taking his receipt therefor, and directing him to deliver same in person to the Secretary of State and at the same time directed the Acting Chief Clerk to take the receipt of the Secretary of State for the documents. Bryan. Carter. Cofer. Yeas-12. Paulus. Real. Willacy. Nays-16. McNealus. Sturgeon. Sir: I am directed by the House to inform the Senate that the House has passed the following: House Concurrent Resolution No. O. P. BASFORD, HOUSE CONCURRENT RESOLU- The Chair, Lieutenant Governor Davidson had referred after it had been read, the following resolution: House Concurrent Resolution No 5 referred to Committee on Public Printing. Holding of the Chair on motion of Cofer: Proceeding under the morning call of Wednesday, January the 11th, the Senate had not finished with the call; a bill was offered by the Senator from Harris in its regular order, under the rules of the Senate, and before the Senate had proceeded to finish with the reading of the bill the Senator from Cooke moved to lay the bill as it was being read the first time upon the table. subject to call. The Cha'r held that it was the constitutional right to introduce a bill in regular order under and before the Senate had finished with the morning call, and that under the constitution it was the right of the Senate, and the demand of the constitution to have the bill read. That during the reading of the bill the Senator from Cooke moved to lay the bill in process of reading upon the table subject to call, and cited the Chair to Rule No. 21 of the rules of this body, which is as follows: "When a question is under consideration by the Senate no motion shall be made except to fix the day to which the Senate shall adjourn; to adjourn, to proceed to the transaction of executive business, the previous question, to postpone to a time certain, to amend, to commit with instructions, to commit without instructions, to lie on the table, to Which postpone indefinitely. eral motions have precedence in the order in which they are arranged. sev Inasmuch as the constitution requires that a bill shall not be considered until it has been referred to a committee and reported from a committee, the Chair held that the first reading of the bill was under consideration and a constitutional right, and cited the Senator from Cooke to the following rule, to wit: Senate Rule No. 28, which is as follows: "A bill when introduced, shall be read and referred to a committee. The first reading of a bill, if a Senate bill, shall be the reading thereof when first introduced; if a House bill, the reading thereof when trans The reading of Senate bill No. 5 mitted to the Senate. * *" And was resumed. Pending the further reading of Senate bill No. 5, Senator Cofer moved that the bill be laid on the table subject to call. The Chair, Lieutenant Governor Davidson, ruled as follows: all House bills, when received in the Senate, shall be read and referred to a committee. No action shall be taken upon a bill accepting, rejecting, or amending the same until it has been reported upon by a committee. ceeding as directed by the rules of this body and the Constitution of this State, and if no other criticism than is offered by the facts before the Chair, the Chair will hold that he was in no manner usurping the power but was presiding in a constitutonal way and under the rules of the Senate to finish the morning call, and will re-deliver the gavel to the Senator from Lee. The Chair also cited the Senator that the Senator from Lee was profrom Cooke to the following clause of the constitution, under Article 3, Section 32: "No bill shall have the force of law until it has been read on three several days in each House, and free discussion allowed thereon; but in cases of imperative public necessity (which necessity shall be stated in the preamble, or in the body of the bill), four-fifths of the House in which the bill may be pending may suspend this rule, the yeas and nays being taken on the question of suspension, and entered upon the journals." The Chair also cited the Senator from Cooke to the following rule of this body, being Rule No. 63, as follows: "No standing rule or order of the Senate shall be rescinded or changed without one day's notice being given of the motion therefor." Also to Rule 64: "No motion to suspend the rules for the purpose of considering a bill or resolution out of its order shall be entertained during the morning call." The journals of this session show that these rules have been adopted for the control and conduct of the affairs of this body and the officers thereof. The Chair having been presented with the following note: "Senate in Session: Senate Chamber, Senate. in Session, Hon. A. B. Davidson, Lieutenant Governor: Believing that the present occupant of the Chair, Senator Q. U. Watson, is usurping the power thereof and denying the constitutional and legal rights of the majority of this Senate to recognition upon the floor of the Senate, we, a majority of the Senators, respectfully ask that you take the chair. (Signed) Bryan, Cofer, Sturgeon, Perkins, Mayfield, McNealus, Ward, Lattimore, Carter, Vaughan, Warren, Townsend, Collins, Ratliff, Johnson, Greer." And having ascertained the facts to be that the President Pro Tempore of this body the Senator from El Paso, Claude B. Hudspeth, placed in the chair Senator Q. U. Watson from Lee county, and that the Senator from Lee was proceeding under the Constitution and rules of this body, and having directed the reading of the bill herein above referred to, offered by the Senator from Harris in regular order under the morning call of Wednesday, January the 11th, Senator Cofer appealed from the ruling of the Chair. RECESS. Pending business was the appeal from the ruling of the Chair by Senator Cofer. Senator Meachum requested the former motion by Senator Cofer to be reduced to writing, and the following is the motion: I reduce the motion already made to writing, on request, the same as if it had been in writing when made, viz: I move the pending bill, Senate Bill No. 5, now under consideration |