IMPEACHMENT.
[The House of Representatives shall have the sole power of impeachment.
_Const. U. S._, I, 3.]
[The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall
preside; and no person shall be convicted without the concurrence of
two-thirds of the members present. Judgment in cases of impeachment
shall not extend further than to removal from office, and
disqualification to hold and enjoy any office of honor, trust or profit
under the United States. But the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment and punishment
according to law. _Const._, I, 3.]
[The President, Vice-President, and all civil officers of the United
States, shall be removed from office on impeachment for, and conviction
of, treason, bribery, or other high crimes and misdemeanors. _Const._,
II, 4.]
[The trial of crimes, except in cases of impeachment, shall be by jury.
_Const._, III, 2.]
These are the provisions of the Constitution of the United States on the
subject of impeachments. The following is a sketch of some of the
principles and practices of England on the same subject:
_Jurisdiction._ The Lords cannot impeach any to themselves, nor join in
the accusation, because they are the judges. _Seld. Judic. in Parl._,
12, 63. Nor can they proceed against a commoner but on complaint of the
Commons. _Ib._, 84. The Lords may not, by the law, try a commoner for a
capital offense, on the information of the King or a private person,
because the accused is entitled to a trial by his peers generally; but
on accusation by the House of Commons, they may proceed against the
delinquent, of whatsoever degree, and whatsoever be the nature of the
offense; for there they do not assume to themselves trial at common law.
The commons are then instead of a jury, and the judgment is given on
their demand, which is instead of a verdict. So the Lords do only judge,
but not try the delinquent. _Ib._ 6, 7. But Wooddeson denies that a
commoner can now be charged capitally before the Lords, even by the
Commons; and cites Fitzharris’s case, 1681, impeached for high treason,
where the Lords remitted the prosecution to the inferior court. _8
Grey’s Deb._, 325-7; _Wooddeson_, 601, 576; 3 _Seld._, 1610, 1619, 1641;
4 _Blackst._, 25; _73 Seld._, 1604, 1618; 9, 1656.
_Accusation._ The Commons, as the grand inquest of the nation, become
suitors for penal justice. 2 _Woodd._, 597; 6 _Grey_, 356. The general
course is to pass a resolution containing a criminal charge against the
supposed delinquent, and then to direct some member to impeach him by
oral accusation, at the bar of the House of Lords, in the name of the
Commons. The person signifies that the articles will be exhibited, and
desires that the delinquent may be sequestered from his seat, or be
committed, or that the peers will take order from his appearance.
_Sachev. Trial_, 325; _Woodd._, 602, 605; _Lords’ Jour. 3 June, 1701_,
101; 1 _Wms._, 616; 6 _Grey_, 324.
_Process._ If a party do not appear, proclamations are to be issued,
giving him a day to appear. On their return they are strictly examined.
If any error be found in them, a new proclamation issues, giving a short
day. If he appear not, his goods may be arrested and they may proceed.
_Seld. Jud._, 98, 99.
_Articles._ The accusation (articles) of the Commons is substituted in
place of an indictment. Thus, by the usage of Parliament, in impeachment
for writing or speaking, the particular words need not be specified.
_Sach. Tr._, 325; 2 _Woodd._, 602, 605; _Lords’ Jour., 3 June, 1701_; _1
Wms._, 616.
_Appearance._ If he appears, and the case be capital, he answers in
custody; though not if the accusations be general. He is not to be
committed but on special accusations. If it be for a misdemeanor only,
he answers a Lord in his place, a Commoner at the bar, and not in
custody, unless on the answer the Lords find cause to commit him, till
he finds sureties to attend, and lest he should fly. _Seld. Jud._, 98,
99. A copy of the articles is given him, and a day fixed for his answer.
_T. Ray_; 1 _Rushw._, 268; _Fost._, 232; 1 _Clar. Hist. of the Reb._,
379. On a misdemeanor, his appearance may be in person, or he may answer
in writing, or by attorney. _Seld. Jud._, 100. The general rule on
accusation for a misdemeanor is, that in such a state of liberty or
restraint as the party is when the Commons complain of him, in such he
is to answer. _Ib._, 101. If previously committed by the Commons, he
answers as a prisoner. But this may be called in some sort judicium
parium snorum. _Ib._ In misdemeanors the party has a right to counsel by
the common law; but not in capital cases. _Seld. Jud._, 102-5.
_Answer._ The answer need not observe great strictness of form. He may
plead guilty as to part, and defend as to the residue; or, saving all
exceptions, deny the whole or give a particular answer to each article
separately. 1 _Rush._, 274; 1 _Rush._, 1374; _12 Parl. Hist._, 442; _3
Lords’ Journ., 13 Nov., 1643_; _Woodd._, 607. But he cannot plead a
pardon in bar to the impeachment. 2 _Woodd._, 615; 2 _St. Tr._, 735.
_Replication, rejoinder, etc._ There may be a replication, rejoinder,
etc. _Seld. Jud._, 114; 8 _Grey’s Deb._, 233; _Sach. Tr._, 15; _Journ.
H. of Commons, 6 March, 1640_, 1.
_Witnesses._ The practice is to swear the witnesses in open House, and
then examine them there; or a committee may be named, who shall examine
them in committee, either on interrogatories agreed on in the House, or
such as the committee in their discretion shall demand. _Seld. Jud._,
120, 123.
_Jury._ In the case of Alice Pierce, 1 _R._ 2, a jury was impanneled for
her trial before a committee. _Seld. Jud._, 123. But this was on a
complaint, not on impeachment by the commons. _Seld. Jud._, 163. It must
also have been for a misdemeanor only, as the lords spiritual sat in the
case, which they do on misdemeanors, but not in capital cases. _Id._,
148. The judgment was a forfeiture of all her lands and goods. _Id._,
188. This, Seldon says, is the only jury he finds recorded in Parliament
for misdemeanor; but he makes no doubt, if the delinquent doth put
himself on trial of his country, a jury ought to be impanneled, and he
adds that it is not so on impeachment by the commons; for they are in
loco proprio, and there no jury ought to be impanneled. _Id._ 124. The
Ld. Berkely (6 _E._ 3) was arraigned for the murder of L. 2, on an
information on the part of the King, and not on impeachment of the
commons; for then they had been patria sua. He waived his peerage, and
was tried by a jury of Gloucestershire and Warwickshire. _Id._, 125. In
1 H. 7, the commons protest that they are not to be considered as
parties to any judgment given, or hereafter to be given in Parliament.
_Seld. Jud._, 133. They have been generally and more justly considered,
as is before stated, as the grand jury; for the conceit of Seldom is
certainly not accurate, and they are the patria sua of the accused, and
that the lords do only judge, but not try. It is undeniable that they do
try; for they examine witnesses as to the facts, and acquit or condemn,
according to their own belief of them. And Lord Hale says “the peers are
judges of law as well as of fact;” 2 _Hale, P. C._, 275; consequently of
fact as well as of law.
_Presence of Commons._ The commons are to be present at the examination
of witnesses. _Seld. Jud._, 124. Indeed, they are to attend throughout,
either as a committee of the whole House, or otherwise, at discretion,
appoint managers to conduct the proofs. _Rushw. Tr. of Straff._, 37;
_Com. Journ., 4 Feb., 1709-10_; 2 _Woodd._, 614. And judgment is not to
be given till they demand it. _Seld. Jud._, 124. But they are not to be
present on impeachment when the lords consider of the answer of proofs
and determine of their judgment. Their presence, however, is necessary
at the answer and judgment in cases capital (_Id._, 58, 159) as well as
not capital; (162.) The lords debate the judgment among themselves. Then
the vote is first taken on the question of guilty or not guilty; and if
they convict, the question, or particular sentence, is out of that which
seemeth to be most generally agreed on. _Seld. Jud._, 167; 2 _Woodd._,
612.
_Judgment._ Judgments in Parliament, for death, have been strictly
guided per legem terræ, which they cannot alter; and not at all
according to their discretion. They can neither omit any legal part of
the judgment nor add to it. Their sentence must be secundum, non ultra
legem. _Seld. Jud._, 168-171. This trial, though it varies in external
ceremony, yet differs not in essentials from criminal prosecutions
before inferior courts. The same rules of evidence, the same legal
notions of crimes and punishments, prevailed; for impeachments are not
framed to alter the law, but to carry it into more effectual execution
against too powerful delinquents. The judgment, therefore, is to be such
as is warranted by legal principles or precedents. 6 _Sta. Tr._, 14; _2
Woodd._, 611. The Chancellor gives judgment in misdemeanors; the Lord
High Steward formerly in cases of life and death. _Seld. Jud._, 180. But
now the Steward is deemed not necessary. _Fost._, 144; 2 _Woodd._, 613.
In misdemeanors the greatest corporal punishment hath been imprisonment.
_Seld. Jud._, 184. The King’s assent is necessary in capital judgments
(2 _Woodd._, 614, contra), but not in misdemeanors. _Seld. Jud._, 136.
_Continuance._ An impeachment is not discontinued by the dissolution of
Parliament, but may be resumed by the new Parliament. _T. Ray._, 383; _4
Com. Journ., 23 Dec., 1790_; _Lords’ Journ., May 15, 1791_; 2 _Woodd._,
618.
LEGISLATIVE ASSEMBLIES.
TERRITORIAL GOVERNMENT.
First Session of the First Legislative Assembly of Colorado, convened at
Denver September 9th, and adjourned November 7th, 1861.
COUNCIL.
E. A. ARNOLD, of Lake, President; S. L. BAKER, Secretary; DAVID A.
CHEVER, Asst.-Sec.; E. W. KINGSBURY, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
H. J. Graham Weld and Larimer First.
Amos Steck Arapahoe Second.
Charles W. Mather Gilpin and Boulder Third.
H. F. Parker Gilpin Fourth.
A. U. Colby Clear Creek Fifth.
S. M. Robbins Summit Sixth.
E. A. Arnold Lake Seventh.
R. B. Willis El Paso Eighth.
J. M. Francisco Huerfano and Pueblo Ninth.
REPRESENTATIVES.
CHARLES F. HOLLY, of Boulder, Speaker; F. H. PAGE, Chief Clerk; E. P.
ELMER, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Daniel Steele Weld and Larimer First.
Charles F. Holly Boulder Second.
E. S. Wilhite Arapahoe Third.
Edwin Scudder Arapahoe and Douglas Fourth.
William A. Rankin Gilpin Fifth.
Jerome B. Chaffee Gilpin Sixth.
James H. Noteware Clear Creek Seventh.
O. A. Whittemore[46] Summit Eighth.
Daniel Witter[47] Park Ninth.
George F. Crocker Lake Tenth.
Jose Victor Garcia Conejos Eleventh.
Jesus M. Barela Costilla Twelfth.
George M. Chilcott Pueblo Thirteenth.
Second Session of the Legislative Assembly convened at Colorado
City on the 7th day of July, 1862; adjourned to Denver July
11th. Adjourned sine die August 15th, 1862.
COUNCIL.
N. J. BOND, of Park, President; JOHN HOWARD, Secretary; MATT.
RIDDLEBARGER, Asst.-Sec.; AMOS WIDNER, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
H. J. Graham Weld and Larimer First.
H. R. Hunt { Douglas, Arapahoe, Weld } First.
{ and Larimer }
Amos Steck Arapahoe Second.
Wm. A. H. Loveland { Jefferson, Gilpin, Clear } Second.
{ Creek and Boulder }
Charles W. Mather Gilpin Third.
N. J. Bond Park, Summit and Lake Third.
Henry F. Parker Gilpin Fourth.
{ Fremont, El Paso, Huerfano, }
J. B. Woodson { Conejos, Costilla, } Fourth.
{ and Pueblo }
A. U. Colby Clear Creek Fifth.
Henry Altman[48] Summit Sixth.
E. A. Arnold Lake Seventh.
Robert B. Willis El Paso Eighth.
J. M. Francisco Huerfano and Pueblo Ninth.
REPRESENTATIVES.
GEORGE F. CROCKER, of Lake, Speaker; WILLIAM TRAIN MUIR, Chief
Clerk; E. P. ELMER, Assistant-Clerk; RICHARD SOPRIS,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Daniel Steele Weld First.
{Larimer, Weld, Boulder,}
Joseph Kenyon { and Jefferson } First.
Charles F. Holly Boulder Second.
D. C. Oakes Arapahoe and Douglas Second.
E. S. Wilhite Arapahoe and Douglas Third.
C. G. Hanscome Arapahoe and Douglas Third.
Edwin Scudder Arapahoe and Douglas Fourth.
William M. Slaughter Gilpin Fourth.
William A. Rankin[49] Gilpin Fifth.
H. B. Hayes Gilpin Fifth.
Jerome B. Chaffee Gilpin Sixth.
J. W. Hamilton Clear Creek Sixth.
James H. Noteware Clear Creek Seventh.
Wilbur F. Stone Park Seventh.
O. A. Whittemore Summit Eighth.
R. R. Harbour Summit Eighth.
Daniel Witter Park Ninth.
John Fosher Lake Ninth.
George F. Crocker Lake Tenth.
M. S. Beach Pueblo and El Paso Tenth.
Jose Victor Garcia Conejos Eleventh.
Jose Raphael Martine Conejos Eleventh.
Jesus M. Barela Costilla Twelfth.
Jose Francisco Gallejos Costilla Twelfth.
George M. Chilcott Pueblo Thirteenth.
D. Powell Pueblo Thirteenth.
Third Session of the Legislative Assembly convened at Golden on
the 1st day of February, 1864; adjourned to Denver February 4th.
Adjourned sine die March 11th, 1864.
COUNCIL.
CHARLES W. MATHER, of Gilpin, President; C. B. HAYNES,
Secretary; W. T. REYNOLDS, Assistant-Secretary; E. C. PARMELEE,
Engrossing Clerk; O. B. BROWN, Enrolling Clerk; C. A.
BARTHOLOMEW, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Amos Widner Boulder, Larimer and Weld First.
Moses Hallett Arapahoe and Douglas Second.
Richard E. Whitsitt Arapahoe and Douglas Second.
Charles W. Mather Gilpin Third.
A. J. Van Deren Gilpin Third.
E. A. Johnson Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Lewis Jones Park Fifth.
R. O. Bailey Summit Sixth.
Robert Berry Lake Seventh.
{ Pueblo, El Paso, Huerfano }
J. B. Doyle { and Fremont } Eighth.
C. Dominguez Conejos Ninth.
H. E. Esterday Costilla Tenth.
REPRESENTATIVES.
JEROME B. CHAFFEE, of Gilpin, Speaker; BAXTER B. STILES, Chief
Clerk; JOHN WALKER;, Engrossing Clerk; C. C. CARPENTER,
Enrolling Clerk; RICHARD SOPRIS, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
A. O. Patterson[50] Weld and Larimer First.
David A. Chever Arapahoe and Douglas Second.
J. A. Koontz Arapahoe and Douglas Second.
John A. Nye Arapahoe and Douglas Second.
J. H. Eames Arapahoe and Douglas Second.
David Ripley Boulder Third.
James Kelley Jefferson Fourth.
Leon D. Judd Boulder and Gilpin Fifth.
Jerome B. Chaffee Gilpin Sixth.
John Kipp[51] Gilpin Sixth.
Alvin Marsh Gilpin Sixth.
Samuel Mallory[52] Gilpin Sixth.
E. F. Holland Clear Creek Seventh.
J. E. Leeper Clear Creek Seventh.
M. C. White Summit Eighth.
John T. Lynch Summit Eighth.
Henry Henson Park Ninth.
J. B. Stansell Park Ninth.
Joel Wood Lake Tenth.
J. McCannon Lake Tenth.
Pablo Ortega Conejos Eleventh.
Jose Victor Garcia Conejos Eleventh.
N. W. Welton Costilla and Huerfano Twelfth.
B. J. McComas[53] Costilla and Huerfano Twelfth.
L. D. Webster Fremont Thirteenth.
A. Z. Sheldon Pueblo and El Paso Fourteenth.
Fourth Session of the Legislative Assembly convened at Golden, January
2d, and adjourned February 10th, 1865.
COUNCIL.
J. WENTZ WILSON, of Gilpin, President; OZIAS MILLETT, Secretary;
JAMES O. ALLEN, Assistant Secretary; W. B. FELTON, Enrolling
Clerk; W. ADAMS, Engrossing Clerk; MARSHALL SILVERTHORN,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Amos Widner Boulder, Larimer and Weld First.
Moses Hallett Arapahoe and Douglas Second.
Richard E. Whitsitt[54] Arapahoe and Douglas Second.
J. Wentz Wilson Gilpin Third.
George R. Mitchell Gilpin Third.
E. K. Baxter Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Lewis Jones[55] Park Fifth.
H. L. Pearson Summit Sixth.
Robert Berry Lake Seventh.
Robert B. Willis { Pueblo, El Paso, Huerfano }
{ and Fremont } Eighth.
C. Dominguez Conejos Ninth.
H. E. Esterday[56] Costilla Tenth.
REPRESENTATIVES.
L. H. HARSH, of Gilpin, Speaker; C. H. GROVER, Chief Clerk; N.
S. HURD, Engrossing Clerk; A. D. COOPER, Enrolling Clerk; HENRY
GIBSON, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Weld and Larimer First.
Hiram J. Brendlinger Arapahoe and Douglas Second.
Rufus Clark Arapahoe and Douglas Second.
Baxter B. Stiles Arapahoe and Douglas Second.
F. M. Case.[57] Arapahoe and Douglas Second.
D. H. Nichols Boulder Third.
A. O. Patterson Jefferson Fourth.
Thomas D. Worrall Boulder and Gilpin Fifth.
L. H. Harsh Gilpin Sixth.
Benjamin Lake Gilpin Sixth.
A. Mansur Gilpin Sixth.
C. M. Tyler Gilpin Sixth.
E. F. Holland Clear Creek Seventh.
B. F. Pine Clear Creek Seventh.
John T. Lynch Summit Eighth.
A. Hopkins Summit Eighth.
Wilbur F. Stone Park Ninth.
James Thompson Park Ninth.
C. North Lake Tenth.
J. G. Ehrhart Lake Tenth.
Conejos Eleventh.
Conejos Eleventh.
Costilla and Huerfano Twelfth.
Costilla and Huerfano Twelfth.
Mills M. Craig Fremont Thirteenth.
O. H. P. Baxter[58] Pueblo and El Paso Fourteenth.
Fifth Session of the Legislative Assembly convened at Golden, on
the first day of January, 1866, adjourned to Denver, January
4th, and adjourned sine die Feb. 9th, 1866.
COUNCIL.
HENRY C. LEACH, of Arapahoe, President; CHARLES G. COX,
Secretary; GEORGE H. STILWELL, Assistant Secretary; BENJAMIN P.
THOMPSON, Engrossing Clerk; N. F. CHEESEMAN, Enrolling Clerk;
MARSHALL SILVERTHORN, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Joseph M. Marshall Boulder, Larimer and Weld First.
Henry C. Leach Arapahoe and Douglas Second.
John Q. Charles Arapahoe and Douglas Second.
George R. Mitchell Gilpin Third.
Ebenezer Smith Gilpin Third.
Benjamin Woodbury Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Robert Douglas Park Fifth.
George W. Mann Summit Sixth.
H. H. DeMary Lake Seventh.
O. H. P. Baxter { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
George A. Hinsdale Costilla Tenth.
REPRESENTATIVES.
E. NORRIS STEARNS, of Park, Speaker; C. J. MCDIVITT, Chief
Clerk; A. D. COOPER, Enrolling Clerk; A. HOPKINS, Engrossing
Clerk; CHARLES BARTHOLOMEW, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICTS.
B. F. Johnson Weld and Larimer First.
David Gregory Arapahoe and Douglas Second.
Louis F. Bartels Arapahoe and Douglas Second.
James F. Gardner Arapahoe and Douglas Second.
H. J. Graham Arapahoe and Douglas Second.
S. M. Breath Boulder Third.
T. C. Bergen Jefferson Fourth.
Perley Dodge Boulder and Gilpin Fifth.
Frank Hall Gilpin Sixth.
Columbus Nuckolls[59] Gilpin Sixth.
C. M. Grimes[60] Gilpin Sixth.
J. W. Watson[61] Gilpin Sixth.
David T. Ball Clear Creek Seventh.
B. R. Colvin Clear Creek Seventh.
John Fosher Summit Eighth.
A. D. Bevan[62] Summit Eighth.
E. Norris Stearns Park Ninth.
George W. Norris Park Ninth.
Thomas Keys Lake Tenth.
J. G. Ehrhart Lake Tenth.
Jose Gabriel Martin Conejos and Costilla Eleventh.
M. Mandrigan Conejos and Costilla Eleventh.
Jesus Maria Barela Conejos and Costilla Eleventh.
Matt. Riddlebarger Huerfano Twelfth.
William Lock Fremont Thirteenth.
John W. Henry Pueblo and El Paso Fourteenth.
Sixth Session of the Legislative Assembly, convened at Golden December
3d, 1866, and adjourned January 11th, 1867.
COUNCIL.
ROBERT DOUGLAS, of Park, President; ROBERT BERRY, Secretary; J.
A. MILLER, Assistant-Secretary; N. F. CHEESEMAN, Enrolling
Clerk; WILLIAM B. RINES, Engrossing Clerk; B. R. WALL,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICTS.
Joseph M. Marshall Boulder, Larimer and Weld First.
John Q. Charles Arapahoe and Douglas Second.
Henry C. Leach Arapahoe and Douglas Second.
George R. Mitchell Gilpin Third.
Benjamin Woodbury Gilpin Third.
Ebenezer Smith Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Robert Douglas Park Fifth.
George W. Mann Summit Sixth.
H. H. DeMary Lake Seventh.
O. H. P. Baxter { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
George A. Hinsdale Costilla Tenth.
REPRESENTATIVES.
E. L. BERTHOUD, of Jefferson, Speaker; C. J. MCDIVITT, Chief
Clerk; W. J. KRAM, Assistant-Clerk; ---- ROOT, Engrossing Clerk;
---- GREY, Enrolling Clerk; E. H. BROWN, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICTS.
Peter Winne Weld and Larimer First.
C. H. McLaughlin Arapahoe and Douglas Second.
Edwin Scudder Arapahoe and Douglas Second.
J. E. Force Arapahoe and Douglas Second.
C. J. Goss Arapahoe and Douglas Second.
James S. Doggett Boulder Third.
E. L. Berthoud Jefferson Fourth.
J. E. Parkman Boulder and Gilpin Fifth.
Columbus Nuckolls Gilpin Sixth.
E. T. Wells Gilpin Sixth.
J. V. Glendinen Gilpin Sixth.
C. M. Grimes Gilpin Sixth.
Charles B. Patterson Clear Creek Seventh.
R. W. Davis[63] Clear Creek Seventh.
Ziba Surles Summit Eighth.
W. W. Webster Summit Eighth.
Charles L. Hall Park Ninth.
F. C. Morse Park Ninth.
Julius C. Hughes Lake Tenth.
Jacob E. Ehrhart Lake Tenth.
Juan B. Lobato Conejos and Costilla Eleventh.
S. Valdez Conejos and Costilla Eleventh.
Juan Miguel Vijil Conejos and Costilla Eleventh.
Matt. Riddlebarger[64] Huerfano Twelfth.
M. Mills Craig Fremont Thirteenth.
W. H. Young Pueblo and El Paso Fourteenth.
Seventh Session of the Legislative Assembly, convened at Golden,
December 2nd, 1867; adjourned to Denver December 9th. Adjourned
sine die January 10th, 1868.
COUNCIL.
WILLIAM W. WEBSTER, of Summit, President; ED. C. PARMELEE,
Secretary; W. J. KRAM, Assistant-Secretary; E. R. HARRIS,
Engrossing Clerk; A. HOPKINS, Enrolling Clerk; ZIBA SURLES,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
James H. Pinkerton Boulder, Larimer and Weld First.
Amos Steck Arapahoe and Douglas Second.
Charles A. Cook Arapahoe and Douglas Second.
Hugh Butler Gilpin Third.
David D. Belden Gilpin Third.
J. Wellington Nesmith Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
E. Norris Stearns Park Fifth.
William W. Webster Summit Sixth.
Julius C. Hughes Lake Seventh.
B. B. Field[65] { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
Francisco Sanchez Costilla Tenth.
REPRESENTATIVES.
C. H. MCLAUGHLIN, of Arapahoe, Speaker; C. J. MCDIVITT, Chief
Clerk; M. L. HORR, Assistant-Clerk; JOSEPH SHARRATT, Engrossing
Clerk; A. CREE, Enrolling Clerk; CHARLES F. LEIMER, Assistant
Enrolling Clerk; ---- WELLS, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
H. Stratton Weld and Larimer First.
C. H. McLaughlin Arapahoe and Douglas Second.
Baxter B. Stiles Arapahoe and Douglas Second.
J. E. Wurtzebach Arapahoe and Douglas Second.
G. W. Miller Arapahoe and Douglas Second.
H. L. Pearson Boulder Third.
F. O. Sawin Jefferson Fourth.
T. Haswell Boulder and Gilpin Fifth.
D. M. Richards Gilpin Sixth.
S. F. Huddleston Gilpin Sixth.
C. R. Bissell Gilpin Sixth.
W. M. Slaughter Gilpin Sixth.
J. C. McCoy Clear Creek Seventh.
J. E. Wharton Clear Creek Seventh.
Stephen Decatur Summit Eighth.
J. A. Pierce Summit Eighth.
Ansel Bates Park Ninth.
W. J. McDougal Park Ninth.
J. Gilliland Lake Tenth.
B. Fowler Lake Tenth.
J. Lawrence Conejos and Costilla Eleventh.
Pablo Ortega Conejos and Costilla Eleventh.
Silverio Suaso Conejos and Costilla Eleventh.
Thomas Suaso[66] Huerfano Twelfth.
Thomas Macon Fremont Thirteenth.
E. T. Stone Pueblo and El Paso Fourteenth.
Eighth Session of the Legislative Assembly convened at Denver,
January 3d, and adjourned February 11th, 1870.
COUNCIL.
GEORGE A. HINSDALE, President; A. O, PATTERSON, Secretary;
GEORGE T. CLARK, Assistant Secretary; J. E. COBB, Engrossing
Clerk; HENRY BELL, Enrolling Clerk; E. T. STONE,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Jesse M. Sherwood[67] Boulder, Larimer and Weld First.
Amos Steck Arapahoe and Douglas Second.
Charles A. Cook Arapahoe and Douglas Second.
Hugh Butler Gilpin Third.
Silas B. Hahn[68] Gilpin Third.
J. Wellington Nesmith Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
E. Norris Stearns Park Fifth.
William W. Webster Summit Sixth.
Julius C. Hughes Lake Seventh.
George A. Hinsdale { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
Francisco Sanchez Costilla Tenth.
REPRESENTATIVES.
GEORGE W. MILLER, Speaker; Wm. M. SLAUGHTER, Chief Clerk; A. M.
BARNARD, Assistant Clerk; THOMAS A. MCCRYSTAL, Engrossing Clerk;
JOHN D. MCINTYRE, Enrolling Clerk; W. W. REMINE,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Matthew S. Taylor Weld and Larimer First.
George W. Miller Arapahoe and Douglas Second.
Samuel H. Elbert Arapahoe and Douglas Second.
H. B. Bearce Arapahoe and Douglas Second.
C. C. Gird Arapahoe and Douglas Second.
John H. Wells Boulder Third.
Allison H. De France Jefferson Fourth.
Thomas J. Graham Boulder and Gilpin Fifth.
Thomas J. Campbell Gilpin Sixth.
H. E. Lyon Gilpin Sixth.
A. E. Lea Gilpin Sixth.
John F. Topping Gilpin Sixth.
John T. Lynch Clear Creek Seventh.
D. B. Myers Clear Creek Seventh.
George W. Mann Summit Eighth.
A. D. Bevan Summit Eighth.
C. M. Mullen Park Ninth.
J. G. Randall Park Ninth.
D. L. Vandiver Lake Tenth.
J. C. Hall Lake Tenth.
Manuel Lucero Conejos, Costilla and }
Saguache }
Clement Trujillo Conejos, Costilla and }
Saguache }
William H. Meyer Conejos, Costilla and }
Saguache }
Filipe Baca Huerfano and Las Animas Twelfth.
William Sheppard Fremont Thirteenth.
J. B. Rice Pueblo and El Paso Fourteenth.
Ninth Session of the Legislative Assembly, convened at Denver
January 1st, and adjourned February 9th, 1872.
COUNCIL.
GEORGE M. CHILCOTT, of Pueblo. President; ELWARD L. SALISBURY,
Secretary; CHASE WITHROW, Assistant Secretary; E. H. STARRETTE,
Engrossing Clerk; S. N. SANDERS, Enrolling Clerk; ROBERT N.
DANIELS, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Joseph E. Bates Arapahoe First.
Francis Gallup Arapahoe First.
William C. Stover Weld and Larimer Second.
Allison H. De France Jefferson and Boulder Third.
Nathaniel P. Hill Gilpin Fourth.
Benjamin W. Wisebart Gilpin Fourth.
Edward C. Parmelee Clear Creek and Summit Fifth.
Madison W. Stewart Greenwood, Bent and Douglas Sixth.
George M. Chilcott Pueblo and El Paso Seventh.
J. Marshall Paul { Park, Lake, Saguache } Eighth.
{ and Fremont }
Jesus Maria Garcia Las Animas Ninth.
Silverio Suaso Huerfano Tenth.
Jose Victor Garcia Conejos and Costilla Eleventh.
REPRESENTATIVES.
ALVIN MARSH, of Gilpin, Speaker; JAMES G. COOPER, Chief Clerk;
JOSEPH T. BOYD, Assistant Clerk; ROLLIN MORROW, Engrossing
Clerk; C. W. BALDWIN, Enrolling Clerk; URIAH M. CURTIS,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Frederick Steinhauer Arapahoe First.
Isaac H. Batchellor Arapahoe First.
Clarence P. Elder Arapahoe First.
John G. Lilley Arapahoe First.
J. W. Bacon Weld and Larimer Second.
B. H. Eaton Weld and Larimer Second.
John D. Patrick Jefferson Third.
James P. Maxwell Boulder Fourth.
Charles C. Welch Jefferson and Boulder Fifth.
Alvin Marsh Gilpin Sixth.
George E. Randolph Gilpin Sixth.
John F. Topping Gilpin Sixth.
W. W. Webster Clear Creek and Summit Seventh.
James F. Gardner Douglas Eighth
Thomas O. Boggs[69] Bent and Greenwood Ninth.
J. M. Givens Pueblo and El Paso Tenth.
B. F. Crowell Pueblo and El Paso Tenth.
A. D. Cooper { Fremont, Lake, Park, and} Eleventh.
{ Saguache }
John G. Randall { Fremont, Lake, Park, and} Eleventh.
{ Saguache }
Casimiro Barela Las Animas Twelfth.
Lorenzo A. Abeyta[70] Las Animas Twelfth.
Mariano Larragoite Las Animas Twelfth.
John A. Manzanares Huerfano Thirteenth.
Pedro Raphael Trujillo Costilla Fourteenth.
Jose A. Velasquez Conejos Fifteenth.
Francisco Sanchez Conejos and Costilla Sixteenth.
Tenth Session of the Legislative Assembly convened at Denver on
the 5th day of January, and adjourned February 13th, 1874.
COUNCIL.
MADISON W. STEWART, of Bent, President; FOSTER NICHOLS,
Secretary; D. C. LIONBERGER, Assistant-Secretary; GEORGE H. F.
WORK, Enrolling Clerk; GEORGE R. WARD, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
H. P. H. Bromwell Arapahoe First.
R. G. Buckingham Arapahoe First.
Thomas Sprague Weld and Larimer Second.
John B. Fitzpatrick Jefferson and Boulder Third.
Hugh Butler Gilpin Fourth.
H. C. McCammon Gilpin Fourth.
William M. Clark Clear Creek and Summit Fifth.
Madison W. Stewart { Greenwood, Bent, and } Sixth.
{ Douglas }
George M. Chilcott Pueblo and El Paso Seventh.
Jairus W. Hall { Park, Lake, Saguache and } Eighth.
{ Fremont }
Daniel L. Taylor Las Animas Ninth.
Juan B. Jaquez Huerfano Tenth.
Lafayette Head Costilla and Conejos Eleventh.
REPRESENTATIVES.
DAVID H. NICHOLS, of Boulder, Speaker; JOSEPH T. BOYD, Chief
Clerk; E. P. DRAKE, Assistant-Clerk; J. A. KOONTZ, Engrossing
Clerk; O. H. HENRY, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Frederick Steinhauer Arapahoe First.
Alfred Butters Arapahoe First.
R. S. Little Arapahoe First.
J. H. K. Uhlhorn Arapahoe First.
Joseph C. Shattuck Weld and Larimer Second.
John McCutcheon Weld and Larimer Second.
Levi Harsh Jefferson Third.
James P. Maxwell Boulder Fourth.
David H. Nichols Jefferson and Boulder Fifth.
Henry Paul Gilpin Sixth.
Bela S. Buell Gilpin Sixth.
William J. Buffington Gilpin Sixth.
Benjamin F. Napheys Clear Creek and Summit Seventh.
Charles W. Perry Douglas Eighth.
John W. Prowers Bent and Greenwood Ninth.
Joseph C. Wilson Pueblo and El Paso Tenth.
William Moore Pueblo and El Paso Tenth.
Joseph Hutchinson { Fremont, Park, Lake, and } Eleventh.
{ Saguache }
William A. Amsbary { Fremont, Park, Lake, and } Eleventh.
{ Saguache }
Mariano Larragoite Las Animas Twelfth.
Casimiro Barela Las Animas Twelfth.
Alexander H. Taylor Las Animas Twelfth.
J. A. J. Valdez Huerfano Thirteenth.
William H. Meyer Costilla Fourteenth.
Manuel S. Salazar Conejos Fifteenth.
Juan Esquibel Costilla and Conejos Sixteenth.
Eleventh Session of the Legislative Assembly, convened at Denver
on the 3d day of January, and adjourned February 11th, 1876.
COUNCIL.
ADAIR WILSON, of Rio Grande, President; JAMES T. SMITH,
Secretary; FRANK FOSSETT, Assistant-Secretary; JAMES D. HENRY,
Engrossing Clerk; WILLIAM BORCHERT, Enrolling Clerk; J. A. J.
BIGLER, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Bela M. Hughes Arapahoe First.
Baxter B. Stiles Arapahoe First.
B. H. Eaton Weld and Larimer Second.
John C. Hummel Boulder and Jefferson Third.
Silas B. Hahn Gilpin Fourth.
E. L. Salisbury Gilpin Fourth.
Robert S. Morrison { Clear Creek, Summit and } Fifth.
{ Grand }
Andrew D. Wilson Douglas, Bent, and Elbert Sixth.
James Rice Pueblo and El Paso Seventh.
James Clelland { Freemont, Park, Lake, and } Eighth.
{ Saguache }
P. A. McBride Las Animas Ninth.
Silverio Suaso Huerfano Tenth.
Adair Wilson { Costilla, Conejos, Rio }
{ Grande, Hinsdale, and } Eleventh.
{ La Plata }
REPRESENTATIVES.
ALFRED BUTTERS, of Arapahoe, Speaker; JOSEPH T. BOYD, Chief
Clerk; C. L. PEYTON, Assistant-Clerk; JAMES W. GALLOWAY,
Engrossing Clerk; W. B. DICKINSON, Enrolling Clerk; JAMES D.
WOOD, Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Alfred Butters Arapahoe First.
Edmund L. Smith Arapahoe First.
Edward Pisko Arapahoe First.
W. B. Mills Arapahoe First.
Norman H. Meldrum Weld and Larimer Second.
J. C. McCowan[71] Weld and Larimer Second.
M. N. Everett Jefferson Third.
David C. Patterson Boulder Fourth.
George Rand Jefferson and Boulder Fifth.
John C. McShane Gilpin Sixth.
Frederick Kruse Gilpin Sixth.
William Larned Gilpin Sixth.
John H. Yonley { Clear Creek, Summit, and } Seventh.
{ Grand }
J. M. Nimerick Douglas and Elbert Eighth.
Frank Bingham Bent Ninth.
Albinus Z. Sheldon Pueblo and El Paso Tenth.
H. O. Rettberg Pueblo and El Paso Tenth.
James Y. Marshall { Fremont, Park, Lake and } Eleventh.
{ Saguache }
I. N. Peyton { Fremont, Park, Lake, and } Eleventh.
{ Saguache }
Donaciano Gurule Las Animas Twelfth.
Nicanora D. Jarramilla Las Animas Twelfth.
Mauricio Apadaca Las Animas Twelfth.
Herman Duhme Jr. Huerfano Thirteenth.
Francisco Sanchez Costilla Fourteenth.
T. M. Trippe { Conejos, Hinsdale, Rio } Fifteenth.
{ Grande and La Plata }
Reuben J. McNutt { Conejos, Costilla, Hinsdale, }
{ Rio Grande and La } Sixteenth.
{ Plata }
This Constitutional Convention assembled at Denver on the 8th of
August, 1865, and adjourned August 12th, having framed a
Constitution which was submitted to a vote of the people on the
first Tuesday of September, 1865, and the same was adopted by a
majority of one hundred and fifty-five votes. The Convention was
composed of the following named gentlemen:
W. A. H. LOVELAND, President; WEBSTER D. ANTHONY, of Arapahoe,
Secretary.
NAME. COUNTIES.
Samuel E. Browne Arapahoe
John Q. Charles Arapahoe
J. Bright Smith Arapahoe
James M. Cavanaugh Arapahoe
Richard Sopris Arapahoe
Joseph M. Brown Arapahoe
George T. Clark Arapahoe
John A. Koontz Arapahoe
D. H. Goodwin Arapahoe
A. C. Hunt Arapahoe
Charles A. Cook Arapahoe
G. W. Miller Arapahoe
David H. Nichols Boulder
P. M. Hinman Boulder
D. Pound Boul., Weld & Larim’r
A. Lumry Boul., W’d & Larm’r
W. E. Sisty Clear Creek
J. T. Herrick Clear Creek
Robert White Clear Creek
Charles B. Patterson Clear Creek
John Locke Clear Creek
D. P. Wilson Fremont
Edward S. Perrin Gilpin
Wm. E. Darby Gilpin
B. C. Waterman Gilpin
Rodney French Gilpin
A. J. Van Deren Gilpin
H. F. Powell Gilpin
F. H. Judd Gilpin
Charles W. Mather Gilpin
B. F. Lake Gilpin
George E. Randolph Gilpin
William S. Rockwell Gilpin
O. J. Hollister Gilpin
William R. Gorsline Gilpin
Truman Whitcomb Gilpin
G. B. Backus Gilpin
W. A. H. Loveland Jefferson
T. C. Bergen Jefferson
T. P. Boyd Jefferson
H. H. DeMary Lake
N. F. Cheeseman Lake
Charles Nachtrieb Lake
Harrison Anderson Lake
John McCannon Lake
Thomas Keys Lake
W. J. Curtice Park
Alexander Hatch Park
Alfred DuBois Park
Henry Henson Park
J. D. Parmelee Park
George W. Lechner Park
H. B. Haskell Summit
John T. Lynch Summit
G. W. Coffin Weld & Larimer
J. E. Washburn Weld & Larimer
F. Merrill 1st Reg. Col. Cav.
J. L. Pritchard 2d Reg. Col. Cav.
G. W. Hawkins 1st Reg. Col. Cav.
C. C. Hawley 1st Reg. Col. Cav.
B. F. Pine
W. G. Reid
* * * * *
This State Legislature convened at Golden, December 12th, 1865,
adjourned to Denver, December 16th, adjourned sine die, December 19,
1865.
SENATE.
GEORGE A. HINSDALE, Lt. Governor, President; JOHN WALKER,
Secretary; EDWIN H. BROWN, Assistant Secretary; H. B. HASKELL,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
Leander M. Black Boulder, Larimer and Weld First.
Charles A. Cook Arapahoe and Douglas Second.
L. B. McLain Arapahoe and Douglas Second.
Truman Whitcomb Gilpin Third.
L. L. Bedell Gilpin Third.
A. G. Langford Gilpin Third.
W. A. H. Loveland Clear Creek and Jefferson Fourth.
James Castello Park Fifth.
Adam B. Cooper Summit Sixth.
H. H. DeMary Lake Seventh.
John W. Henry { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus M. Velasquez Conejos Ninth.
J. L. Gasper Costilla Tenth.
REPRESENTATIVES.
D. P. WILSON, of Fremont, Speaker; L. H. SHEPHERD, Chief Clerk;
C. J. MCDIVITT, Assistant Clerk; CHARLES BARTHOLOMEW,
Sergeant-at-Arms.
NAME. COUNTIES. DISTRICT.
A. Lumry Weld and Larimer First.
Robert L. Hatten Arapahoe and Douglas Second.
G. H. Greenslit Arapahoe and Douglas Second.
William Garrison Arapahoe and Douglas Second.
D. G. Peabody Arapahoe and Douglas Second.
A. Wright Boulder Third.
T. C. Bergen[72] Jefferson Fourth.
David H. Nichols Boulder and Gilpin Fifth.
Isaac Whicher Gilpin Sixth.
Jason E. Scobey Gilpin Sixth.
Stephen Goodall Gilpin Sixth.
Lyman W. Chase Gilpin Sixth.
Charles B. Patterson Clear Creek Seventh.
B. R. Colvin Clear Creek Seventh.
James A. Pierce Summit Eighth.
Aaron Hopkins Summit Eighth.
George W. Lechner Park Ninth.
Charles L. Hall Park Ninth.
Thomas Keys Lake Tenth.
T. C. Hughes Lake Tenth.
Pedro Arragon Conejos Eleventh.
Jose Gabriel Martine Conejos Eleventh.
Pedro Lobato Costilla and Huerfano Twelfth.
Matt. Riddlebarger Costilla and Huerfano Twelfth.
D. P. Wilson Fremont Thirteenth.
George A. Bute Pueblo and El Paso Fourteenth.
CONSTITUTIONAL CONVENTION.
The Constitutional Convention assembled at Denver on the 20th
day of December, 1875, and adjourned March 15th, 1876, having
framed a constitution, which was submitted to a vote of the
people on the first day of July following, and the same was
adopted by a majority of 11,404 votes. The Convention was
composed of the following named gentlemen:
JOSEPH C. WILSON, of El Paso, President; W. W. COULSON,
Secretary; HERBERT STANLEY and H. A. TERPENING, Assistant
Secretaries; FRED J. STANTON, Engrossing and Enrolling Clerk; A.
H. BARKER, Sergeant-at-Arms.
DIS. NAME. COUNTY. POST OFFICE.
1 Sylvester J. Plumb Weld Erie.
1 John S. Wheeler Weld Fort Lupton.
2 Abram K. Yount Weld and Larimer Fort Collins.
3 William C. Stover Larimer Fort Collins.
4 William E. Beck Boulder Boulder.
4 Byron L. Carr Boulder Longmont.
5 Alvin Marsh Gilpin Black Hawk.
5 Lewis C. Rockwell Gilpin Central.
6 William M. Clark Clear Creek Georgetown.
6 William H. Cushman Clear Creek Georgetown.
7 William W. Webster { Clear Creek, Summit and } Montezuma.
{ Grand }
8 George G. White Jefferson Golden.
8 William Lee Jefferson Denver.
9 Ebenezer T. Wells Arapahoe Denver.
9 Henry P. H. Bromwell Arapahoe Denver.
9 Lewis C. Ellsworth Arapahoe Denver.
9 Clarence P. Elder Arapahoe Denver.
9 Frederick J. Ebert Arapahoe Denver.
9 Daniel Hurd Arapahoe Denver.
10 Philip P. Wilcox Arapahoe and Douglas Castle Rock.
11 J. W. Widderfield Bent } West Las
} Animas.
12 John S. Hough Bent and Elbert } West Las
} Animas.
13 Joseph C. Wilson El Paso Col. Springs.
13 Robert Douglas El Paso Colorado City.
14 William H. James Park and Lake Oro City.
14 George E. Pease Park and Lake Fairplay.
15 Willard B. Felton Saguache Saguache.
16 Adam D. Cooper Fremont Canon City.
17 Henry C. Thatcher Pueblo Pueblo.
17 Wilbur F. Stone Pueblo Pueblo.
18 Jesus M. Garcia Las Animas Trinidad.
18 Casimiro Barela Las Animas Barela.
18 George Boyles Las Animas Trinidad.
19 Agapito Vigil Las Animas and Huerfano Trinidad.
20 Robert A. Quillian Huerfano Walsenburg.
21 William H. Meyer Costilla San Luis.
22 Lafayette Head Conejos Conejos.
23 William R. Kennedy Rio Grande and Hinsdale Lake City.
24 Henry R. Crosby La Plata Silverton.
The first session of the State Legislature convened at Denver
Wednesday November 1st, 1876, and adjourned sine die March 20th,
1877.
SENATE.
LAFAYETTE HEAD, Lt. Governor, President; GEORGE T. CLARK,
Secretary; L. F. YATES, Enrolling Clerk; HERMAN F. LAUTER,
Engrossing Clerk; E. C. KAVANAUGH, Door Keeper; HARRIS STRATTON,
Sergeant-at-Arms.
DIS. NAME. COUNTY. POST-OFFICE.
1 Silas B. A. Haynes Weld Greeley.
2 Norman H. Meldrum Larimer La Porte.
3 James P. Maxwell Boulder Boulder.
3 Theodore O. Saunders Boulder Sunshine.
4 Lewis C. Rockwell Gilpin Central City.
5 William W. Webster { Gilpin, Summit } Montezuma.
{ and Grand }
6 Albert Johnson Clear Creek Georgetown.
6 William A. Hamill Clear Creek Georgetown.
7 Allison H. De France[73] Jefferson Golden.
8 Joseph E. Bates Arapahoe Denver.
8 Lewis C. Ellsworth Arapahoe Denver.
8 Alfred Butters Arapahoe Denver.
8 Hiram P. Bennet Arapahoe Denver.
9 Eugene Gaussoin Elbert and Bent Higbee.
10 Edwin S. Randall El Paso Col. Springs.
11 James F. Gardner Douglas Frankstown.
12 James Moynahan Park Alma.
13 Jason B. Hall Lake and Saguache Villa Grove.
14 James Clelland Fremont Canon City.
15 John W. Hill Pueblo Pueblo.
16 William B. Hamilton Huerfano La Veta.
17 Casimiro Barela Las Animas Barela.
17 Daniel L. Taylor Las Animas Trinidad.
18 William H. Meyer Costilla San Luis.
19 Juan F. Chacon Conejos Conejos.
20 Henry Henson { Rio Grande, Hinsdale, } Wagon Wheel
{ La Plata, and San Juan } Gap.
REPRESENTATIVES.
WEBSTER D. ANTHONY, of Arapahoe, Speaker; WILLARD B. FELTON,
Chief Clerk; MILTON R. MOORE, Assistant-Clerk; CHARLES P.
NICHOLSON, Engrossing Clerk; MARY P. MCCARTY, Enrolling Clerk;
JAMES D. WOOD, Sergeant-at-Arms.
NAME. COUNTIES. POST OFFICE.
Webster D. Anthony Arapahoe Denver.
George C. Griffin Arapahoe Island Station.
John C. Mayer Arapahoe Denver.
John McBroom Arapahoe Littleton.
A. C. Phelps Arapahoe Denver.
W. H. Pierce Arapahoe Denver.
Adolph Schinner Arapahoe Denver.
Robert M. McMurray Bent Las Animas.
Isaac Canfield Boulder Magnolia.
Daniel Ransom Boulder Longmont.
Azor A. Smith Boulder Nederland.
George X. Young Boulder Erie.
Milton Alberts Costilla San Luis.
D. Archuleta Conejos Conejos.
A. Vijil Conejos Conejos.
P. E. Morehouse Clear Creek Georgetown.
George A. Patten Clear Creek Idaho.
Theodore F. Simmons Clear Creek Georgetown.
T. Jeff. Watts Clear Creek Silver Plume.
George A. Lord Douglas Pine Grove.
A. D. Wilson Elbert Godfrey Station.
J. C. Helm El Paso Colorado Springs.
Charles W. Kittredge El Paso Florissant.
Richard Irwin Fremont Rosita.
Charles R. Seiber Fremont Colfax.
H. Jacob Kruse Gilpin Central City.
Henry W. Lake Gilpin Black Hawk.
Austin C. Marshman Gilpin Central City.
John H. Stokes Grand Hot Sulphur Sp’gs.
T. C. Chaves Huerfano Gardner.
J. R. Esquibel Huerfano Walsenburg.
William H. Green Hinsdale Lake City.
Martin V. Luther Jefferson Morrison.
George Rand Jefferson Golden.
N. C. Alford Larimer Livermore.
W. J. McDermith Lake Oro City.
Urbano Chacon Las Animas Trinidad.
Mariano Larragoite Las Animas Apishapa.
David F. Wilkins Las Animas Trinidad.
John Moss[74] La Plata Parrott City.
Ziba Surles Park Grant.
John N. Carlile Pueblo Pueblo.
Garrett Lankford Pueblo Booneville.
Alva Adams Rio Grande Del Norte.
Isaac Gotthelf Saguache Saguache.
Charles H. McIntyre San Juan Animas Forks.
George W. Wilson Summit Breckinridge.
Abner Leonard Weld Evans.
David F. Rainey Weld Platteville.
LENGTH OF SESSIONS AND NUMBER OF MEMBERS--TERRITORIAL ORGANIZATION.
Year. Time of Meeting. Adjournment. Length of No. Mems.
Session.
1861. September 9th November 7th 60 days 22
1862. July 7th August 15th 40 days 39
1864. February 1st March 11th 40 days 39
1865. January 2d February 10th 40 days 39
1866. January 1st February 9th 40 days 39
1866. December 3d January 11th, 1867 40 days 39
1867. December 2d January 10th, 1868 40 days 39
1870. January 3d, February 11th 40 days 39
1872. January 1st February 9th 40 days 39
1874. January 5th February 13th 40 days 39
1876. January 3d February 11th 40 days 39
CONSTITUTIONAL CONVENTIONS.
1865 Aug. 8 Aug. 12 5 days 62
1875 Dec. 20 Mar. 15, 1876 87 days 39
STATE ORGANIZATION.
1865 Dec. 12 Dec. 19 8 days 39
1876 Nov. 1 Mar. 20, 1877 140 days 75
TERRITORIAL AND STATE OFFICERS.
TERRITORIAL OFFICERS OF COLORADO.
GOVERNORS.
William Gilpin, appointed by Abraham Lincoln July 8, 1861
John Evans, appointed by Abraham Lincoln April 19, 1862
Alexander Cummings, appointed by Andrew Johnson Oct. 17, 1865
A. C. Hunt, appointed by Andrew Johnson May 27, 1867
Edward M. McCook, appointed by U. S. Grant June 15, 1869
Samuel H. Elbert, appointed by U. S. Grant March 9, 1873
Edward M. McCook, reappointed by U. S. Grant August --, 1874
John L. Routt, appointed by U. S. Grant March 29, 1875
SECRETARIES.
Lewis Ledyard Weld, appointed by Abraham Lincoln July 8, 1861
Samuel H. Elbert, appointed by Abraham Lincoln April 19, 1862
Frank Hall, appointed by Andrew Johnson May 2, 1866
Frank Hall, appointed by U. S. Grant June 15, 1869
Frank Hall, reappointed by U. S. Grant June 18, 1873
John W. Jenkins, appointed by U. S. Grant February 12, 1874
John Taffe, appointed by U. S. Grant August 16, 1875
TREASURERS.
George T. Clark, appointed by Gov. Gilpin November 12, 1861
Alexander W. Atkins, appointed by Gov. Evans March 17, 1864
A. C. Hunt, appointed by Gov. Cummings January 25, 1866
John Wanless, appointed by Gov. Cummings September 5, 1866
Columbus Nuckolls, appointed by Gov. Hunt December 16, 1867
Columbus Nuckolls, reappointed by Gov. Hunt March 17, 1868
George T. Clark, appointed by Gov. McCook February 14, 1870
George T. Clark, reappointed by Gov. McCook February 17, 1872
David H. Moffat, Jr., appointed by Gov. Elbert January 26, 1874
Frederick Z. Salomon, appointed by Gov. Routt February 11, 1876
AUDITORS.
Milton M. Delano appointed by Gov. Gilpin Nov. 12, 1861
Richard E. Whitsitt, appointed by Gov. Evans March 10, 1864
Richard E. Whitsitt, appointed by Gov. Cummings January 26, 1866
Hiram J. Graham, appointed by Gov. Cummings December 13, 1866
Nathaniel F. Cheeseman, appointed by Gov. Hunt January 7, 1868
James B. Thompson, appointed by Gov. McCook February 15, 1874
James B. Thompson, reappointed by Gov. McCook February 14, 1870
Levin C. Charles, appointed by Gov. Elbert January 26, 1874
Levin C. Charles, appointed by Gov. Routt February 12, 1876
SUPERINTENDENTS OF PUBLIC INSTRUCTION.
William. J. Curtice, appointed by Gov. Gilpin Nov. 7, 1861
Wm. S. Walker, appointed by Gov. Evans Nov. 15, 1863
Alexander W. Atkins[75] Feb. 10, 1865
John Wanless[75] January, 1866
Columbus Nuckolls[75] March, 1867
Wilbur C. Lothrop, appointed by Gov. McCook March, 1870
Wilbur C. Lothrop, reappointed by Gov. McCook March, 1872
Horace M. Hale, appointed by Gov. Elbert July 24, 1873
Horace M. Hale, reappointed by Gov. Elbert 1874
Horace M. Hale, appointed by Gov. Routt February 9, 1876
DELEGATES TO CONGRESS.
Hiram P. Bennet, elected December 2, 1861
Hiram P. Bennet, re-elected October 7, 1862
Allen A. Bradford, elected July 11, 1864
George M. Chilcott, elected November 14, 1865
George M. Chilcott, re-elected August 7, 1866
Allen A. Bradford, re-elected September 8, 1868
Jerome B. Chaffee, elected September 13, 1870
Jerome B. Chaffee, re-elected September 10, 1872
Thomas M. Patterson, elected September 8, 1874
JUDGES OF THE SUPREME COURT.--CHIEF JUSTICES.
Benjamin F. Hall, appointed by Abraham Lincoln Mar. 25, 1861
Stephen S. Harding, appointed by Abraham Lincoln July 10, 1863
Moses Hallett, appointed by Andrew Johnson April 10, 1866
Moses Hallett, appointed by U. S. Grant April 30, 1870
Moses Hallett, reappointed by U. S. Grant 1874
ASSOCIATE JUSTICES.
Chas. Lee Armour, appointed by Abraham Lincoln Mar. 28, 1861
S. Newton Pettis, appointed by Abraham Lincoln July 9, 1861
Allen A. Bradford, appointed by Abraham Lincoln June 6, 1862
Charles F. Holly, appointed by Andrew Johnson June 10, 1865
William H. Gale, appointed by Andrew Johnson June 10, 1865
William R. Gorsline, appointed by Andrew Johnson June 18, 1866
Christian S. Eyster, appointed by Andrew Johnson Aug. 11, 1866
James B. Belford, appointed by U. S. Grant June 17, 1870
Ebenezer T. Wells, appointed by U. S. Grant Feb. 8, 1871
James B. Belford, reappointed by U. S. Grant 1874
Amherst W. Stone, appointed by U. S. Grant Mar. 1, 1875
Andrew W. Brazee, appointed by U. S. Grant Feb. 24, 1875
UNITED STATES DISTRICT ATTORNEYS.
James E. Daliba, appointed by Abraham Lincoln 1861
Samuel E. Browne, appointed by Abraham Lincoln April 8, 1862
George W. Chamberlain, appointed by A. Johnson Oct. --, 1865
H. C. Thatcher, appointed by Andrew Johnson Jan. --, 1868
Lewis C. Rockwell, appointed by U. S. Grant May --, 1869
H. C. Alleman, appointed by U. S. Grant April --, 1873
C. D. Bradley, appointed by U. S. Grant June 20, 1875
W. H. Parker, appointed Dec. --, 1876
W. S. Decker, appointed by U. S. Grant Jan. 12, 1877
STATE OFFICERS.
EXECUTIVE.
ELECTED FOR TWO YEARS.
Term expires January, 1879.
John L. Routt, of Arapahoe Governor.
Lafayette Head,[76] of Conejos Lieutenant-Governor.
William M. Clark, of Clear Creek Secretary.
David C. Crawford,[77] of El Paso Auditor.
George C. Corning,[77] of Boulder Treasurer.
Archibald J. Sampson, of Fremont Attorney General.
Joseph C. Shattuck,[78] of Weld Supt. Public Instruction.
UNITED STATES SENATORS AND REPRESENTATIVE.
Jerome B. Chaffee, of Arapahoe Term expires March, 1879.
Henry M. Teller, of Gilpin Term expires March, 1883.
James B. Belford[79] (Rep.), of Gilpin Term expires March, 1879.
JUDICIAL.
JUDGES OF THE SUPREME COURT.
Elected for Nine Years, except as otherwise provided in Constitution,
Art. vi. Sec. 8.
Henry C. Thatcher, Chief Justice Term expires Nov., 1879.
Samuel H. Elbert, Associate Justice Term expires Nov., 1882.
Ebenezer T. Wells, Associate Justice Term expires Nov., 1885.
DISTRICT JUDGES.
ELECTED FOR SIX YEARS.
Term expires Nov., 1882.
William E. Beck, of Boulder First District.
Victor A. Elliott, of Arapahoe Second District.
John W. Henry, of Pueblo Third District.
Thomas M. Bowen, of Rio Grande Fourth District.
DISTRICT ATTORNEYS.
ELECTED FOR THREE YEARS.
Term expires Nov., 1879.
Edward O. Wolcott, of Clear Creek First District.
David B. Graham, of Arapahoe Second District.
John M. Waldron, of Huerfano Third District.
Columbus W. Burris, of Rio Grande Fourth District.
[For Judicial Districts see Constitution, page 86, sec. 13.]
REGENTS OF THE UNIVERSITY.
LEVI W. DOLLOFF, President; JUNIUS BERKLEY, Secretary.
Frederick J. Ebert, of Arapahoe, six years Term expires 1882.
Wm. H. Van Gieson, of Rio Grande, two years Term expires 1878.
Levi W. Dolloff, of Boulder, four years Term expires 1880.
George Tritch, of Arapahoe, six years Term expires 1882.
Junius Berkley, of Boulder, two years Term expires 1878.
Crescensio Valdez, of Conejos, four years Term expires 1880.
TRUSTEES OF SCHOOL OF MINES.
John H. Yonley, of Summit.
Adair Wilson of Rio Grande.
James T. Smith, of Jefferson.
PRESIDENTIAL ELECTORS.
Herman Beckurts, of Arapahoe.
Otto Mears, of Saguache, Messenger.
Wm. L. Hadley, of Clear Creek.
MANAGERS OF PENITENTIARY.
Joseph T. Boyd, of Jefferson.
O. H. P. Baxter, of Pueblo.
B. H. Eaton, of Weld.
M. N. Megrue, Fremont, Warden.
TRUSTEES OF DEAF MUTE INSTITUTE.
R. G. Buckingham, of Arapahoe.
J. S. Wolfe, of El Paso.
Matt. France, of El Paso.
MEMBERS OF THE STATE BOARD OF AGRICULTURE.
WILLIAM WATROUS, President; HARRIS STRATTON, Secretary.
William F. Watrous, of Larimer.
William A. Bean, of Larimer.
Harris Stratton, of Larimer.
John Armor, of Arapahoe.
B. S. LeGrange, of Weld.
P. M. Hinman, of Boulder.
M. N. Everitt, of Jefferson.
John J. Ryan, of Larimer.
STATE OFFICERS OF COLORADO.
OFFICIAL VOTE FOR STATE OFFICERS.
[FIRST GENERAL ELECTION, OCTOBER 3, 1876,.]
COUNTIES. GOVERNOR. LIEUT. SECRETARY AUDITOR.
GOVERNOR. OF STATE.
JOHN L. BELA M. LAFAYETTE MICHAEL WM. M. JAMES T. D. C. J. F.
ROUTT. HUGHES HEAD. BESHOAR. CLARK. SMITH. CRAWFORD. BENEDICT.
ARAPAHOE 2173 1795 2233 1734 2352 1607 2313 1657
BENT 250 439 246 442 253 434 253 434
BOULDER 1539 1096 1485 1034 1572 1076 1572 1076
COSTILLA 351 173 346 174 352 169 300 171
CONEJOS 341 218 368 191 341 221 341 221
CLEAR CREEK 1072 1031 1093 1011 1148 952 1081 1019
DOUGLAS 282 333 294 322 293 625 297 320
ELBERT 84 117 85 116 83 118 84 117
EL PASO 713 397 716 399 722 386 744 370
FREMONT 522 531 510 535 525 532 529 527
GILPIN 1005 763 1011 759 1033 730 1013 759
GRAND 73 147 85 135 93 127 87 132
HUERFANO 410 614 385 637 413 610 416 605
HINSDALE 420 382 409 385 423 362 410 392
JEFFERSON 537 596 569 574 543 596 519 603
LARIMER 374 300 380 293 380 293 362 310
LAKE 229 234 218 244 218 246 218 246
LAS ANIMAS 669 1271 651 1282 676 1240 680 1257
LA PLATA 50 108 55 104 54 108 54 108
PARK 465 423 467 416 463 416 468 416
PUEBLO 543 739 552 714 551 717 553 729
RIO GRANDE 364 362 357 359 363 362 362 363
SAGUACHE 306 189 277 194 306 186 295 194
SAN JUAN 393 410 397 404 403 399 393 411
SUMMIT 201 185 202 186 209 181 205 182
WELD 788 463 800 449 803 450 568 676
TOTAL 14154 13316 14191 13093 14582 12843 14117 13295
COUNTIES. STATE ATTORNEY SUP. PUBLIC
TREASURER. GENERAL. INSTRUCT’N.
GEO. C. THOS. M. A. J. G. Q. J. C. G. B.
CORNING. FIELD. SAMPSON. RICHMOND. SHATTUCK. GRŒSBECK.
ARAPAHOE 2177 1788 2224 1750 2254 1719
BENT 247 442 254 432 255 434
BOULDER 1565 1042 1483 1036 1511 1133
COSTILLA 335 185 327 194 350 65
CONEJOS 296 267 341 221 341 219
CLEAR CREEK 1097 1011 1093 1016 1089 1017
DOUGLAS 290 327 291 326 293 329
ELBERT 84 117 83 118 83 118
EL PASO 694 387 707 406 721 385
FREMONT 517 538 519 522 523 533
GILPIN 1005 759 1014 757 1007 762
GRAND 84 131 88 132 87 105
HUERFANO 371 646 407 614 413 606
HINSDALE 403 395 416 385 408 389
JEFFERSON 523 578 571 572 572 572
LARIMER 371 300 379 294 378 262
LAKE 218 246 214 249 218 219
LAS ANIMAS 655 1276 673 1265 676 1220
LA PLATA 54 107 54 108 55 97
PARK 494 390 450 417 476 407
PUEBLO 540 742 520 750 550 729
RIO GRANDE 356 369 352 373 362 357
SAGUACHE 295 196 297 194 297 158
SAN JUAN 378 423 388 415 389 ----
SUMMIT 204 182 201 183 205 182
WELD 785 466 802 453 791 456
TOTAL 14038 13310 14145 13182 14304 12473
There were scattering votes as follows: 1 for Governor in Jefferson
County; 11 for Secretary of State in Hinsdale County; 25 in El Paso and
1 in Jefferson for Auditor; 35 in Jefferson and 2 in Summit for
Treasurer; and 415 for Superintendent of Public Instruction, with 93
scattering.
MANUAL OF CUSTOMS, PRECEDENTS AND FORMS.
ORGANIZATION.
The Legislature convenes at 12 o’clock M. on the first Wednesday in
January A. D. 1879, and at 12 o’clock M. on the first Wednesday in
January of each alternate year forever thereafter, and at other times
when convened by the Governor.
Custom, so prevalent and so ancient as to have the force of law, has
made it the duty of the clerk of the previous house to call to order,
and to conduct the proceedings generally, until a speaker is chosen, but
any member elect is competent to perform this duty.
In other States it is the custom for the Secretary of State to furnish
to the clerk a certified statement of the names of the members elect,
which is read. The members then advance to the clerk’s desk, generally
the delegation of each county by itself, and subscribe the oath of
office. But in this State the usual proceeding is to choose a Speaker
and a clerk _pro tem._, and to appoint a committee who examine
credentials of members elect, and report to the House thus temporarily
organized.
The oath of office is then administered to the members elect. It may be
administered by the President of the Senate, the Governor, Secretary of
State, Attorney General, or any of the Judges of the Supreme Court. It
has been administered in this State usually by one of the judges.
[_Members coming in after the first day of the session are sworn in by
the Speaker._] After all are sworn, the roll is called, when, if a
quorum is found present, the Speaker _pro tem._ declares the House to be
qualified and competent to proceed to business.
If the members present have determined their choice for officers, the
election proceeds forthwith; if not, an adjournment is had until the
next day.
It is determined by the House whether the election for Speaker, Clerk,
and Sergeant-at-arms and the subordinate officers shall be by ballot,
viva voce, or otherwise.
Candidates for Speaker are nominated and the vote taken.
The Speaker _pro tem._ announces the result, and names a committee to
conduct the Speaker elect to the chair. The other elections proceed in
the same manner, except that when the result is announced by the
Speaker, the officer elect advances to the Clerk’s desk and is sworn in
by the Speaker.
A committee is then appointed to wait on the Senate, and inform them
that the House is organized; or the Clerk is directed, by resolution, to
inform the Senate of the fact.
One of the first duties after organization is the adoption of rules for
the government of the House.
It is customary for the Speaker to appoint a committee of three to meet
with a committee of three from the Senate for the purpose of forming
joint rules for the government of both houses; and when completed, the
committees report to their respective houses.
By concurrent resolution both houses meet in joint convention to canvass
the vote for executive officers.
When it has been determined who are the executive officers, a joint
committee of both houses is then appointed to wait on the Governor and
inform him that both Houses of the General Assembly are organized, and
that the houses are in readiness to receive any communication from him.
The Senate and House usually assemble in joint convention in the chamber
of the House upon some day and hour suggested by the Governor, during
the first week of the session to hear his message.
The message is usually read by the Executive, but may be read by his
private secretary, or by any one the Governor may appoint.
At the first opportunity after hearing the message read, the various
recommendations therein contained are referred, by resolution, to
appropriate standing committees, or select committees.
Standing committees are appointed by the Speaker at as early a day in
the session as is possible. Each committee usually consists of five
members, but the House determines the number which is sometimes three,
or nine, or eleven, or any other number.
DRAWING OF SEATS.
In other States the seats are drawn by lot. The method pursued is as
follows:
The members leave their seats, and take places in the open area behind
their seats. The clerk having placed in a box slips of paper containing
the names of the members respectively, a page or messenger draws them
therefrom. The clerk announces each name as it is drawn, and the member
named selects his seat, and occupies it until the drawing is completed.
In this State it is not customary to draw seats by any method. The seats
are usually chosen with the view of grouping together those who
represent similar interests.
COMPENSATION.
Each member of the General Assembly, as a compensation for his services
shall receive four dollars for each day’s attendance, and fifteen cents
for every mile necessarily travelled in going to and returning from the
seat of government, and shall receive no other compensation, perquisite,
or allowance whatsoever. It is customary to pay the mileage of members
both ways, upon the certificate of the Speaker and clerk as to the
proper sum to which each member is entitled.
PAY OF OFFICERS.
The Speaker of the House shall be entitled to receive the same
compensation allowed to other members of the Legislature. The per diem
of officers of the Legislature shall be as follows: The chief clerk, six
dollars; the assistant clerk, five dollars; sergeant-at-arms, assistant
sergeant-at-arms, engrossing clerk, assistant engrossing clerk, and
enrolling clerk, each four dollars; messenger, door-keeper, janitor, and
interpreter, each three dollars; chaplain, two dollars; pages, assistant
door-keeper, and janitor, each one dollar and fifty cents.
DUTIES OF OFFICERS.
_Speaker_--The duties of this officer are generally as follows:
To open the session, at the time to which the House stands adjourned, by
taking the chair and calling the members to order.
To announce the business before the House in the order in which it is to
be acted upon.
To receive and submit, in the proper manner, all motions and
propositions presented by the members.
To put to vote all questions which are regularly moved, or which
necessarily arise in the course of proceedings, and to announce the
result.
To restrain the members, when engaged in debate, within the rules of
order.
To enforce on all occasions the observance of order and decorum among
the members.
To inform the House, when necessary, or when referred to for the
purpose, on a point of order or practice.
To receive messages and other communications from other branches of the
government, and announce them to the House.
To authenticate by his signature, when necessary, all the acts, orders
and proceedings of the House.
To name the members--when directed to do so in a particular case, or
when it is a part of his general duty by the rules--who are to serve on
committees, and in general.
To represent and stand for the House, declaring its will, and in all
things obeying its commands. Every officer of the House is subordinate
to the Speaker, and in all that relates to the prompt and correct
discharge of official duty, is under his supervision.
The Speaker shall preserve order and decorum; may speak to points of
order in preference to others, rising from his seat for that purpose;
and he shall decide questions of order, subject to an appeal to the
House by any member, on which appeal no member shall speak more than
once, unless by leave of the House. On an appeal being taken, the
question shall be: “Shall the decision of the Chair stand as the
judgment of the House?”----which question, and the action of the House
thereon, shall be entered on the journal.
The Speaker may call a member to the Chair, but such substitution shall
not extend beyond one day, except by leave of the House.
The Speaker shall vote on all questions taken by yeas and nays, and on
all elections or divisions called for by any member.
In the absence of the Speaker, the House shall elect a Speaker _pro
tempore_, whose office shall cease on the return of the Speaker.
_Clerk_--He has the care and custody of all the papers and records, and
arranges in its proper order, from day to day, after its inception, all
the business of the House. He must, in order to have a proper knowledge
of the affairs of his department, apportion, systematize and personally
supervise the labor of all his subordinates, and, when not called
therefrom by more important duties, should officiate in person at the
reading desk. The duties of his subordinates are properly his duties, as
all are performed under his direction, and he is responsible for any
deficiencies. It is his duty to prepare and furnish to the printer an
accurate record of each day’s proceedings, and a copy of every bill,
report and other thing ordered to be printed, “on the same day such
orders are made;” to keep the pay accounts of members and officers, and
issue his certificate of per diem to them; to deliver the messages of
the House to the Senate; to sign subpœnas; he can permit no records nor
papers belonging to the House to be taken out of his custody, otherwise
than in the regular course of business; and shall report any missing
papers to the notice of the Speaker.
He is by law responsible for the safe keeping of all bills and other
documents in possession of the House, and for the proper registry of all
proceedings; and is required at the close of the session, to deposit all
papers in his possession as clerk, properly classified and labeled, with
the Secretary of State.
REGULATIONS IN THE DEPARTMENT OF THE CLERK.
_The Assistant Clerk_--It is his special duty: To keep a record of each
day’s proceedings; and if daily printed, to correct the proof of the
same while being printed.
To officiate at the reading desk when required by the clerk; and in case
of his absence, to perform his duties generally.
To label and file in their appropriate places all papers presented, with
proper dates and references.
To select each day all papers ordered to be printed, make a list thereof
in a book provided for that purpose, and send them to the printer,
taking his receipt therefor.
To keep a list of all absentees on leave, etc.
_The Book Keeper_--It is his special duty: To keep the register of
bills, resolutions, memorials, etc., showing therein, and opposite to
each title, all action taken and proceedings had, with regard to such
papers.
To distribute to the proper committee, or officers, all bills, petitions
and other papers referred.
To make out all certificates of per diem and mileage, ready for the
signature of the Speaker and clerk.
To prepare the message to be delivered to the other House, and when not
otherwise occupied, to help the assistant clerk in the performance of
his duties.
_The Engrossing Clerk_--It is his special duty: To engross all bills
ordered to a third reading which the rules require to be engrossed,
properly placing all amendments adopted prior to the order for their
engrossment.
By the direction of the clerk or assistant clerk, to perform any
necessary service appertaining to the duties of the other deputies.
_The Enrolling Clerk_--It is his special duty: To make clear, legible
copies of all bills which have been concurred in, without erasures or
interlineations.
GENERAL REGULATIONS.
Each deputy, when not occupied in the performance of his own special
duties, is to render such assistance to the clerk and to his associate
deputies as may be in his power, or as the pressure of duties in a
particular department may render necessary.
The deputies are expected to notify the clerk of any interference by
members or others with their duties, and of all improper approaches or
requests made to them by any person. They are not to exhibit to any
person any bill or other document in their possession without leave of
the clerk.
Perfect courtesy must at all times be maintained towards members,
reporters, associate deputies, and all who have business to transact
with the department; but interference with legislation cannot be allowed
under any circumstances.
_To Members, Officers and Reporters_--It is especially requested that no
member, officer or reporter will interrupt the assistant clerk while
engaged in keeping the journal. “No journal, record, account or paper,”
of any kind may be taken from the desk, unless by express permission of
the clerk.
_Sergeant-at-Arms_--This officer is the executive officer of the House.
He has charge of the chambers and appurtenant conveniences of the House.
He controls the police regulations, attends to the warming of the
chambers, serves the subpœnas and warrants of the House, announces
messages from the Governor and from the Senate, provides rooms for
committees, receives from the Secretary of State all public documents
ordered or coming in due course, and distributes the same through the
post-office, or otherwise, to members and officers entitled thereto. He
is to organize his department with such system that each of his
subordinates shall know his precise duties, and he is to see that each
performs his duty promptly, thoroughly and courteously. He is required
to keep the chamber open from 8 o’clock A. M. to 10 o’clock P. M.
He should have the printed bills and other documents in his possession
so classified and arranged that he can at once answer any call upon him
for them.
His assistant assists him generally in the discharge of his duties, and
takes his place when he is absent.
_The Door Keeper_ attends to the principal door; opens and closes it
for the entry and exit of all persons; maintains order in the lobby and
vestibule; sees that visitors are seated, and that the regulations of
the House, in his department, are strictly enforced.
_The Assistant Door Keepers_, each at their respective stations, are to
discharge the same duties as the principal door keeper. They must be in
attendance as well during the recess as the sessions of the House to
keep out intruders and maintain order.
_The Firemen_ attend to the warming and ventilation of the House
chamber, and under the direction of the sergeant-at-arms, make
themselves generally useful.
The door keepers and firemen are responsible to the sergeant-at-arms.
DUTIES OF MESSENGERS.
To be in attendance from 8 o’clock A. M. until 10 o’clock P. M. every
day (Sundays excepted), whether the House is in session or not.
To receive the journals and printed bills from the Sergeant-at-Arms, and
arrange them in order on the file of each member.
Not to leave the House chamber during the _morning hour_, or absent
themselves from the sessions of the House during an entire day, except
upon leave of the Speaker or the House.
During the morning hour to take the positions assigned to them by the
Clerk; and, standing up, so as to see and be seen, hold themselves in
readiness to bring all bills, resolutions, etc., from the several
members to the Clerk, when presented.
After the expiration of the morning hour, when not engaged in filing
bills, etc., for the members they have in charge, to answer promptly any
call, and render assistance to any member requiring it.
To refrain from throwing any paper balls, darts, or other missile; to
move lightly across the House chamber, and demean themselves
respectfully towards every member and officer of the House.
STATIONERY.
The Secretary of State furnishes to the Sergeant-at-Arms the stationery
required by the members, the clerk and other officers.
NEWSPAPERS.
In regard to the supply of newspapers there are no regulations. The
House determines what papers, and how many, shall be furnished.
PROCESS OF PASSING BILLS.
Some diversity of practice exists herein, but the ordinary method in the
House is as follows:
A member having prepared a bill and endorsed the title thereof, together
with his name, upon the back of it, rises to his feet, at such time as
the introduction of bills is in order, and says:
“Mr. Speaker.”
If recognized, the Speaker responds:
“The gentleman from ----.”
The member announces:
“I ask leave to introduce a bill.”
The bill is then sent to the Clerk by a messenger. The Clerk then reads
the title of the bill, and places it on file for its first reading, and
when the order for the first reading of bills is reached, the Clerk
reads the first bill on file _at length_, when the Speaker announces:
“First reading of the bill.”
The second reading of bills must be on a day subsequent to their first
reading. When the Speaker calls for the second reading of bills, the
Clerk reads the first bill on file for second reading _at length_, when
the Speaker announces:
“Second reading of the bill.”
The bill is then usually referred to such standing committee, or select
committee, or to the general file for Committee of the Whole, as the
House may determine.
If the bill has been referred to a standing committee, or select
committee, it is in due course reported back to the House by the
committee, when it is placed in the general file.
Bills in the general file are usually considered in Committee of the
Whole in the exact order in which they are placed upon the file.
Proceedings in Committee of the Whole will be elsewhere considered.
After a Committee of the Whole has completed its action upon any bill,
and reported the same back to the House, and any recommendations made by
the committee passed upon, it is taken up in its order, when the Speaker
puts the following question:
“Shall this bill be engrossed, and read a third time?”
If decided affirmatively the bill is thereby referred to the engrossing
committee. Upon its return engrossed from the engrossing clerk, the
original and engrossed bills are placed in the hands of the _Committee
on Engrossed Bills_, who compare them and correct any errors which they
may find. When found correct, or made so, the committee report them to
the House as correctly engrossed, when the original is filed by the
Clerk, and the engrossed bill goes into the order of “bills ready for a
third reading.”
When, under the order of business, the bill is reached, the title of the
bill is read, and the bill itself is read _at length_, when the Speaker
says as follows:
“This bill having been read three several times, the question is: Shall
the bill pass?”
If the bill passes it is taken to the Senate, with a message announcing
its passage by the House, and asking the concurrence of the Senate
therein.
Going through with a similar process in the Senate, it is returned with
a message announcing their action upon it.
If the Senate concurs, the bill is sent to the Enrolling Clerk, who
makes a copy thereof, as is elsewhere described. When enrolled, it goes
to the _Committee on Enrolled Bills_, who compare it with the engrossed
bill. When found or made correct, they report the bill to the House as
correctly enrolled; the engrossed bill is filed by the Clerk; the
enrolled bill is then endorsed by the Clerk as having originated in the
House (for the information of the Governor, in case he vetoes it). It is
then referred to a joint committee of enrollment, who present the same
to the Speaker, who has the title of the bill read in hearing of the
House, and then signs it, after which the joint committee present the
bill to the President of the Senate, who has the title of the bill read
in hearing of the Senate, and then signs it. The committee then proceed
to the Governor and present the bill thus duly signed for his approval,
and report that fact to the House, and the hour when it was deposited in
the Governor’s hands. The Governor, if he approves the bill, informs the
House in which it originated of that fact, and that he has deposited it
with the Secretary of State.
This is the ordinary process of a bill through all its stages until it
becomes a law. A bill of great interest or importance, or one which is
warmly contested, may, by reason of majority and minority reports,
special orders, recommitment, amendments, substitutes, committees of
conference, and various other parliamentary appliances, pass through a
vast number of stages not before enumerated.
Senate bills coming into the House after passing the Senate, are read
twice by title and then read _at length_, and then referred to the
appropriate committee.
After consideration in Committee of the Whole, the recommendation of
the committee is acted upon in the House, the question being, after
recommendations are disposed of:
“Shall this bill be ordered to a third reading?”
If it is decided affirmatively, the bill passes into the order of “bills
on third reading;” and when reached in that order, the question is:
“Shall this bill be concurred in?”
If concurred in, the bill is returned to the Senate, with the message
informing it of that fact.
COMMITTEE OF THE WHOLE.
The Committee of the Whole is an expedient to simplify the business of
legislative bodies. No record is made of its proceedings, and it has no
officers except of its own creation, for temporary purposes. It is
liable to instant dissolution in case of disorder, when the Speaker
takes the chair for a Call of the House, or an adjournment, and in case
of a message from the Senate or Governor, when the Speaker takes the
chair to receive it.
The House may resolve itself into a Committee of the Whole upon some
particular bill, resolution or subject, or it may go into Committee of
the Whole upon the general file of bills.
In the first case the motion is:
“That the House do now resolve itself into a Committee of the Whole upon
[bill No. ----, A, a bill ----], or [joint resolution No. ----, A,
providing, etc.], or [upon all bills relating to ----], as the case may
be.”
In the second case it is:
“That the House do now resolve itself into a Committee of the Whole upon
the general file of bills.”
Bills, resolutions, and general matters which have been once considered
in committee of the whole, and in which progress has been made, and
leave granted for further consideration, have the preference. The motion
of the Committee of the Whole, for their further consideration, must be
made under the head of “bills in which the committee of the whole have
made progress and obtained leave to sit again;” and in which case the
member who presided when the same matter was previously considered in
committee of the whole, resumes the chair.
The motion for the committee of the whole upon the general file, must
be made under the order of “bills not yet considered in committee of the
whole.”
When the House resolves itself into committee of the whole, the Speaker
selects a chairman as follows:
“The gentleman from ----, Mr ----, will take the chair.”
The appointed chairman advances to the Speaker’s desk, and having taken
the chair, receives from the clerk the papers indicated by the motion
for the committee, when the chairman announces:
“Gentlemen,--The committee have under consideration bill No. ----,
entitled ----” (_reading the title from the back of the bill_). _Or in
case of consideration of the general file_: “The committee have under
consideration the general file of bills; the first in order is bill No.
----, A, entitled ----. The first section is as follows.”
The chairman then reads the first section, and asks:
“Are there any amendments proposed to the first section?”
If none are offered, the chairman says:
“No amendments being offered to the first section, the second section
will be read.”
This process is continued through the whole bill, when at the close of
the reading the chairman says:
“The ----th section and the whole bill have now been read, and are open
to amendment.”
At this point, after the friends of the bill have perfected it, it is
customary for the opponents of the bill to open their attack. After the
discussion of the bill to such an extent as may be desired, if no
amendments are made, the final vote is generally upon a motion--
“That the bill be reported back to the House without amendment.”
If any other bills are before the committee, they are proceeded with in
the same manner. If it is desired to have further consideration of any
matter before the committee, or if the general file has not been gone
through with, the motion is:
“That the committee rise, report progress, and ask leave to sit again.”
If the committee has completed its duties, the motion is:
“That the committee rise and report.”
Which being analagous to a motion to adjourn, is not debatable. The
chairman states the matter as follows:
“It is moved that the committee do now rise and report (_or otherwise,
as the case may be_).”
“Is the committee ready for the question?”
“Gentlemen,--Those who are of opinion that this committee do now rise
and report, say ‘Aye;’ those of a contrary opinion say ‘No.’”
In case of doubt a division must be had, as the ayes and noes cannot be
called in committee of the whole.
When the committee rises, the Speaker resumes his seat, and the
chairman, in his place on the floor, reports as follows:
“Mr. Speaker.”
The Speaker answers:
“Mr. Chairman.”
Who reports:
“The committee of the whole have had under consideration bill No. ----,
A, entitled ----, and have instructed me to report the same to the House
with amendment” (_or as the case may be_).
When the general file has been under consideration, the report is as
follows:
“The committee of the whole have had under consideration the general
file of bills, have gone through the same, and have directed me to
report to the House the bills contained therein, with sundry amendments
and recommendations as follows, to-wit:” [_Here follows the titles of
bills considered, with action taken upon them._]
In case the file has been left unfinished, the report is:
“The committee of the whole have had under consideration the general
file of bills, and have made some progress therein. I am directed to
report back the following bills, with the amendments and recommendations
hereinafter specified, and ask leave for the committee to sit again.”
[_Here follows the report of amendments, etc., as above._]
In the latter report the question is:
“Shall leave be granted?”
When, upon a count, it is ascertained that a quorum is not present, the
report is:
“The committee of the whole have had under consideration ----, and,
after some progress therein, find there is no quorum present; that fact
I herewith report to you.”
In case of confusion or disorder, the Speaker, of his own accord,
resumes the chair temporarily and without any formality, for the purpose
of suppressing it. When order is restored the chairman resumes the
chair, and the business proceeds.
Upon the coming in of a report, the recommendations are usually at once
acted on by the House.
When, in committee of the whole, any member desires to offer an
amendment, it must be reduced to writing and sent to the chairman, who
reads it, and asks:
“Is the committee ready for the question upon the amendment?”
And if no further amendment or debate offer, he puts the question in the
usual manner.
After a section is once passed, with an unsuccessful effort to amend it,
no further amendments are in order. The strictness of this rule is,
however, not always adhered to; an amendment once made may, however, be
reconsidered. Such a motion is:
“That the amendment offered by the gentleman from ----, to the ----th
section, be reconsidered.”
And is stated as follows:
“The gentleman from ---- moves that the amendment of the gentleman from
---- to the ----th section be reconsidered.”
“Is the committee ready for the question?”
“Those who are of the opinion that said amendment be reconsidered say
‘Aye;’ those of the contrary opinion say ‘No.’”
In case the amendment is reconsidered, the Speaker says:
“The motion is carried. The amendment is reconsidered. The question now
recurs upon the adoption of the amendment. Is the committee ready for
the question?” etc.
FORMS.
Of Titles:
No. ----, a bill to ----.
_Amending Bill_:
A bill relating to ----, and amendatory of section ----, of chapter
----, of the ----.
_Repealing Bill_:
A bill to repeal section ----, of chapter ----, of the ----, relating to
---- (filling the blanks with the proper section and chapter of the
revised statutes or general laws, designating the same, and also the
subject, object or purpose of the section of the chapter repealed; and
in the body of every bill, the full title of the act repealed shall be
recited at length).
_Appropriation Bill_:
“To appropriate to ---- the sum of ---- dollars.”
Titles should be written inside the bill, and endorsed upon the outside
as follows:
No. ----, A.
_A Bill to change the name of
Andrew Jackson to James Madison._
MR. GORDEN.
Resolutions should not be entitled, but should have the name of the
mover endorsed upon them. The same rule applies to amendments.
Resolutions are of no special form; the following may serve as a general
guide in such matters:
Res. No. ----, A.
“_Resolved_,--That three thousand copies of the Governor’s message be
furnished by the printer to the Sergeant-at-Arms, for the use of the
House.
“MR. TUCKER.”
For reports the following form is used:
“The committee on ----, to which was referred bill No. ----, A., a bill
to ----, _respectfully report the same back to the House with an
amendment, and recommend its passage when amended_;” or, “_and recommend
that it do pass_;” or, “_and recommend that it be indefinitely
postponed_;” or, “_and recommend that it be referred to the delegation
from ----_;” or, “_to a select committee_.”
Or, if the committee report by bill:
“The committee on ----, to which was referred ----, respectfully report
“by bill No. ----, A., a bill to ----;
“And recommend its passage.”
An enacting clause must precede the body of the bill.
It must _invariably_ be in the following form:
_Be it enacted by the General Assembly of the State of Colorado: Const.,
Art. 5, Sec. 18._
INVESTIGATIONS.
When an investigation is required into any matter, the person most
interested in having the inquiry made, should move the appointment of a
committee to take the subject in charge. This is done by resolution. The
resolution should be so drawn as to state the precise subject to be
investigated, and to give the committee all the power which the mover
may deem necessary to a thorough examination into the subject matter to
be laid before them; this should be done to prevent any misapprehension
as to the intention and extent of the inquiry to be made. In case of the
adoption of the resolution, the mover, together with other members, will
be appointed a committee. They have power to send for persons and
papers. The form of a subpœna is as follows:
“THE STATE OF COLORADO, }
“To ---- ----: You are hereby commanded, that, laying aside all business
and excuse, you personally appear and attend before Messrs. ---- ----,
on the part of the Senate, and Messrs. ---- ----, on the part of the
House, a _joint_ committee appointed under a resolution of the Senate
and House, to investigate at the room of said committee ----, in the
city of Denver, the capital of the State, on the ---- day of -----, A.
D. one thousand eight hundred and ----, at the hour of ---- in the ----
noon, then and there, and from time to time, as required by said
committee, to testify and give evidence upon the matters of inquiry
before said committee.
“Hereof fail not, under penalty in such case made and provided.
“Given at the House chamber, in the city of Denver aforesaid, this ----
day of ----, A. D. 18----.
“---- ----, _Speaker of the House_.
“Attest: ---- ----, _Chief Clerk of the House_.”
In case of a refusal to appear, or a refusal to testify, the following
form of certificate has been used:
“To Hon. ---- ----, _Speaker of the House_:
“I, ---- ----, chairman of the _joint_ committee appointed to
investigate ----, do hereby certify that ---- has been duly subpœnaed to
appear before said committee, as will fully appear by the writ served,
and affidavit of service accompanying the same, on file with the chief
clerk of the House.
“I further certify that said ---- ---- has failed to appear before said
committee, according to the exigency or mandate of said writ or subpœna.
“Dated Denver, ----, 18----, at ---- o’clock.
---- ----.”
Upon which a warrant, in the following form, may be used:
“_The State of Colorado to the Sergeant-at-Arms of the House_:
“It appearing that a writ of subpœna, directed to ---- ----, commanding
him to personally appear and attend before Messrs. ---- ----, on the
part of the Senate, and Messrs. ---- ----, on the part of the House, a
_joint_ committee appointed under a resolution of the Senate and House,
to investigate ---- ----, at the room of said committee, in the city of
Denver, the capital of the State, the ---- day of ----, A. D. 18----, at
the hour of ---- in the ---- noon, then and there, and from time to
time, as required by said committee, to testify and give evidence upon
the matter of inquiry before said committee, has been issued, and that
the said writ of subpœna was duly and personally served upon the said
---- ----, on the day of ----, A. D. 18----, and returned; and it
further appearing by the certificate of the chairman of the said joint
committee, that the said ---- ---- has failed or neglected to appear
before the said committee in obedience to the mandate of the said
subpœna: _therefore_, you are hereby commanded, the name of the State of
Colorado, to take the body of him, the said ---- ----, and bring him
before the House, so that he may testify and give evidence before the
said committee, and answer for his contempt of the House in not obeying
the mandate of said subpœna. Hereof fail not.
“Given at the House chamber, in the city of Denver aforesaid, this ----
day of ----, A. D. 18----.
“---- ----, _Speaker of the House_.
“---- ----, _Chief Clerk of House_.”
To which the return, in ordinary cases, would be:
“By virtue of the within process, I did, on the ---- day of ----, 18--,
arrest the body of ---- ----, and took him before the committee within
named, and the said ---- ---- having refused to answer interrogatories
propounded by said committee, I have him, by direction of said
committee, now before the House.
“House Chamber, ----, 18--.
“---- ----, _Sergeant-at-Arms of the House_.”
A resolution, declaring the defaulter to be in contempt, is the next
proceeding.
The following is a form for such resolution:
“_Resolved_, That the neglect or failure of ---- ---- to appear before
the joint investigating committee, composed of Messrs. ---- ----, of the
Senate, and Messrs. ---- ----, of the House, in compliance with the
mandate of the writ of subpœna of this House, served upon him on the
---- instant, as fully appears by the said writ and affidavit of the
service thereof endorsed thereon, now on file with the Chief Clerk of
this House, be and the said neglect and failure is hereby declared a
contempt of this House.”
This is followed by an interrogatory, as follows:
“Int. 1.--Why did you not appear before the _joint_ investigating
committee, as required by the mandate of the subpœna served upon you the
---- instant?”
To which the defaulter pleads before judgment is inflicted.
Another form is as follows:
“_Resolved_, That the refusal of ---- ---- to answer the questions put
to him by a member of the _joint_ investigating committee, on the ----
instant, and which questions were certified to the House by ---- ----,
chairman of said committee; and are now in writing, on file with the
Chief Clerk of the House, be, and the same is hereby declared a contempt
of this House.”
Followed by the corresponding interrogatory:
“Why did you not answer the question put or propounded to you on the
---- instant, by a member of the _joint_ investigating committee, of
which ---- ---- is chairman?”
In case the answer is satisfactory, the offender is discharged; if
otherwise, he is punished by reprimand, fine or imprisonment, or both;
but such imprisonment cannot extend beyond the session of the
Legislature.
The report of a Committee on Investigation should consist of three
parts:
1. The testimony taken.
2. A statement of the facts proven thereby, or conclusions derived
therefrom.
3. Resolutions, or a bill providing for the action which the committee
deem proper to be taken in the premises.
QUORUMS.
Whole number electable:
“Not less than 25 nor more than 49.”
To expel a member:
“Two-thirds.”
To do any business except to adjourn from day to day, and compel the
attendance of absent members:
“A majority.”
To cause the ayes and nays on any question to be entered upon the
journal:
“Two members.”
To pass any bill which imposes, continues or renews a tax, or creates a
debt or charge, or makes, continues or renews any appropriation of
public trust, money or release, discharges or commutes a claim or demand
from the State:
“A majority of all.”
To adjourn from day to day:
“A smaller number than a majority.”
To agree to an amendment of the Constitution:
“A majority of all the members.”
To recommend a constitutional convention:
“Two-thirds of all.”
To contract a public debt:
“A majority of all members elect.”
To pass any resolution or motion:
“A majority of all present.”
To pass any bill:
“A majority of all the members elect.”
To make a Call of the House:
“Two members.”
To order the previous question:
“A majority present.”
To suspend the rules:
“Two-thirds of the members present.”
To change the order of business:
“Two-thirds of the members present.”
To bring in a bill which has been rejected by the Senate:
“Two-thirds of the House.”
To agree to an amendment made by the Senate to a House bill bill with an
emergency clause:
“Two-thirds of all members elect.”
RULES AND ORDERS OF THE SENATE.
1. The hours of meeting shall be 10 A. M. and 2 P. M., unless otherwise
ordered.
2. The President having taken the chair, and a quorum being present, the
journal of the preceding day shall be read, to the end that any mistake
may be corrected, which shall be made in the entries. A quorum shall
consist of a majority of the members of the Senate.
3. No member shall speak to another, or otherwise interrupt the business
of the Senate, or read any newspaper, while the journal or public papers
are being read, or when any member is speaking in debate. No smoking
shall be allowed during the sitting of the Senate.
4. Every member, previous to speaking, shall rise from his chair, and
respectfully address the President, and shall confine himself to the
question under debate, and avoid personality.
5. No member shall speak more than twice on any one debate on the same
day, without leave of the Senate.
6. When two members rise at the same time, the President shall name the
person to speak; but in all cases the member who shall first rise and
address the chair shall speak first.
7. When a member shall be called to order by the President or a Senator,
he shall sit down; and every question of order shall be decided by the
President, without debate, subject to an appeal to the Senate; and the
President may call for the sense of the Senate on any question of order.
8. If the member be called to order by a Senator for words spoken, the
exceptional words shall immediately be taken down in writing by the
Secretary, that the President may be better enabled to judge of the
matter.
9. No member shall absent himself from the service of the Senate without
leave of the Senate, and in case a less number than a quorum of the
Senate shall convene, they, or a majority of them, may send the
Sergeant-at-Arms, or other suitable person or persons, for any or all
absent members, at the expense of such absent members respectively,
unless such excuse for non-attendance shall be made, as the Senate, when
a quorum is convened, shall judge sufficient.
10. No motion shall be debated until the same shall be seconded.
11. When a motion shall be made and seconded, it shall be reduced to
writing, if desired by the President or any member, delivered at the
table of the Secretary, and read before the same shall be debated.
12. When a question is under debate no motion shall be received, except
as otherwise provided in these rules, but to adjourn, to lie on the
table, to postpone indefinitely, to postpone to a day certain, to
commit, or amend, which several motions shall have precedence in the
order they stand arranged. Any motion may be withdrawn by the mover at
any time before a discussion, amendment, or ordering of the yeas and
nays, except a motion to reconsider, which shall not be withdrawn
without leave of the Senate. A motion to adjourn shall always be in
order. That, and the motion to lay on the table, shall be decided
without debate.
13. The previous question shall be in this form: “Shall the main
question be now put?” It shall only be entertained when demanded by a
majority of the members present, and its effects shall be to put an end
to all debate, and bring the Senate to a direct vote upon amendments
reported by a committee, if any, upon pending amendments, and then upon
the main question. On a motion for the previous question, and prior to
the seconding of the same, a call of the Senate shall be in order, but
after a majority shall have seconded such motion, no call shall be in
order prior to a decision of the main question.
14. When the previous question is decided in the negative, it shall
leave the main question under debate for the residue of the sitting,
unless disposed of by taking the question, or in some other manner.
15. Any five members may make a call of the Senate and require absent
members to be sent for, but a call of the Senate cannot be made after
the voting has commenced, and the call of the Senate being in order, and
the absentees noted, the doors shall be closed and no member permitted
to leave the room until the report of the Sergeant-at-Arms be received
and acted upon, or further proceedings in the call be suspended by a
vote of two-thirds of the Senate.
16. The President shall rise to put a question, but may state it
sitting.
17. No motion or proposition on a subject different from that under
consideration shall be admitted under color of amendment.
18. If a question in debate contains several points, any member may have
the same divided, but on motion to strike out and insert, it shall not
be in order to move for a division of the question, but the rejection of
a motion to strike out and insert one proposition shall not prevent a
motion to strike out and insert a different proposition, nor prevent a
subsequent motion simply to strike out, nor shall the rejection of a
motion simply to strike out, prevent a subsequent motion to strike out
and insert.
19. All so called substitute motions and resolutions shall be considered
as amendments only, and shall be subject to the rules relating thereto,
except such matters as may be reported by committees.
20. In filling up blanks the largest sum and longest time shall be first
put.
21. When the reading of a paper is called for, and the same is objected
to by any member, it shall be determined by a vote of the Senate, and
without debate.
22. When the ayes and nays shall be called for by two of the members
present, each member called upon shall declare openly, and without
debate, his assent or dissent to the question, unless by special reason
he be excused by the Senate.
23. When the ayes and nays shall be taken on any question in pursuance
of the above rule, no member shall be permitted, under any circumstances
whatever, to vote after the decision is announced from the chair.
24. On a motion made and seconded to shut the doors of the Senate, on
the discussion of any business which may in the opinion of the Senate
require secrecy, the presiding officer shall direct the lobby to be
cleared, and during the discussion of such motion the doors shall remain
shut.
25. No motion shall be deemed in order to admit any person or persons
whatsoever, other than a Senator, within the Senate chamber, to present
any petition, memorial or address.
26. When a question has been carried or negatived, it shall be in order
for any member of the majority to move for the reconsideration thereof.
But no motion for the reconsideration of any vote shall be in order
after a bill, resolution, message, report, amendment, or motion, upon
which the vote was taken, shall have gone out of the possession of the
Senate, announcing their decision; nor shall any motion to reconsider be
in order unless made on the same day on which the vote was taken, or
within the next two days of actual session of the Senate thereafter.
27. The President of the Senate, or President _pro tempore_, shall have
the right to name a member to perform the duties of the Chair; but such
substitution shall be for that day only.
28. Every petition or memorial, or other paper, shall be referred, of
course, without putting a question for that purpose, unless the
reference be objected to at the time the same is presented; and before
any petition or other paper shall be received or read, a brief statement
of the contents of the same shall be verbally made by the introducer.
29. The following shall be the order of business for the day:
1. Calling the roll.
2. Prayer by the Chaplain.
3. Reading the journal.
4. Petitions and memorials.
5. Reports from standing committees.
6. Reports of special or select committees.
7. Resolutions.
8. Amendments proposed by the House to Senate bills.
9. Introduction of bills.
10. Bills on first reading.
11. Bills on second reading.
12. Bills on third reading, and final passage.
13. Special order of the day.
14. Unfinished business.
30. All bills introduced in the Senate shall, after the second reading
be printed for the use of the members, but no other paper or document
shall be printed without special order.
31. Every bill shall receive three readings at length previous to its
being passed, and the President shall give notice at each, whether it be
the first, second or third, which readings shall be on three different
days. All resolutions to which the signature of the Governor may be
requisite, shall be treated, in all respects, in the introduction and
form of proceedings on them in the Senate, in a similar manner with
bills, and all other resolutions shall lie on the table one day before
being taken up for consideration, and also all reports of committees.
32. No bill shall be committed or amended until it shall have been twice
read, after which it shall be referred to a committee.
33. All bills after second reading shall be printed and considered by
the Senate in the committee of the whole before they shall be taken up
and proceeded on by the Senate, agreeably to the standing rules, unless
otherwise ordered. When the Senate shall consider a bill or resolution
as a committee of the whole, the President or President _pro tempore_
shall call a member to fill the chair during the time the Senate shall
remain in committee of the whole.
34. The final question, upon the second reading of every bill,
resolution or motion, originating in the Senate and requiring three
readings previous to being passed, shall be, “whether it shall be
engrossed and read a third time?” And no amendments shall be received
for discussion at a third reading, of any bill, resolution or motion,
unless by unanimous consent of the members present, but it shall at all
times be in order, upon the final passage of any bill, resolution or
motion, to move its commitment, and shall such commitment take place,
and any amendment be reported by the committee, said bill, resolution or
motion, shall again be read the second time and considered in committee
of the whole, and then the aforesaid question shall be again put.
35. The title of bills shall be inserted on the journals.
36. When motions are made for reference of the same subject to a select
committee and to a standing committee, the question on reference to the
standing committee shall first be put.
37. When motions are made for reference of the same subject to a select
committee and to a standing committee, the question on reference to the
standing committee shall first be put.
37. When nominations shall be made in writing by the Governor to the
Senate, a future day shall be assigned, unless the Senate otherwise
direct, for taking them into consideration.
38. All confidential communications made by the Governor shall be kept
secret. When acting on confidential or executive business, the Senate
room shall be closed to all persons except the Secretaries and
Sergeant-at-Arms. All information or remarks touching the character or
qualifications of any person nominated by the Governor to office, shall
be kept secret. The legislative proceedings, the executive proceedings,
and the confidential legislative proceedings of the Senate, shall be
kept in separate and distinct books.
39. The proceedings of the Senate, when not acting in committee of the
whole, shall be entered on the journal as concisely as possible, care
being taken to detail a true and accurate account of the proceedings and
every vote of the Senate shall be entered on the journal, and a brief
statement of the contents of each petition, memorial or paper presented
to the Senate, shall be inserted on the journal.
40. Messages shall be sent to the House by the Secretary or Assistant
Secretary; the Secretary having previously endorsed the final
determination of the Senate thereon.
41. The Sergeant-at-Arms shall not permit any person not a member or
officer of the Senate to pass inside the railing, in the rear of the
seats of the members, at any time during the session of the Senate,
except the Judges of the Supreme and District Courts, the Governor and
other State officers, and duly accredited representatives of the press,
and the members of the Legislature of the State of Colorado, and such
other persons as may be invited by the members.
42. Messengers may be introduced in any stage of business, except when a
question is being put, whilst the ayes and nays are being called, or
while the ballots are being counted.
43. The rules of the Senate shall be observed in the committee of the
whole so far as they may be applicable, except that a member may speak
oftener than twice on the same subject, and the ayes and nays shall not
be taken nor the previous question enforced.
44. A motion that the committee rise shall always be in order, and shall
be decided without debate.
45. All committees shall be appointed by the presiding officer, unless
otherwise directed by the Senate.
46. Any official or member of the Senate convicted of disclosing any
matter directed by the Senate to be held in confidence, shall be liable,
if an officer, to dismissal from the service of the Senate, and in case
of a member, to suffer expulsion from the body.
47. The committee on engrossment shall examine all bills and resolutions
after they are engrossed and before action is taken thereon, and report
the same to the Senate when correctly engrossed.
48. The committee on enrollment shall examine all bills referred to
them, and report the same to the Senate correctly enrolled. Said
committee may report at any time.
49. There shall be a standing committee to consist of five members (of
which the President _pro tempore_ shall be _ex-officio_ a member), on
rules.
50. No rule of the Senate shall be altered, suspended or rescinded,
without the vote of two-thirds of the members elected.
51. The rules of parliamentary practice comprised in Cushing’s
Parliamentary Law Practice of Legislative Assemblies, shall govern the
Senate in all cases in which they are applicable, and in which they are
not inconsistent with the standing rules and orders of the Senate, and
the joint rules of the Senate and House of Representatives.
The following standing committees shall be elected by the Senate: