Austin American-Statesman from Austin, Texas • 14

A15 Austin American-Statesman WORLD NATION Sunday, May 27, 2007 1 The legal arguments Craddick and his opponents cite different rules, laws and constitutional provisions to bolster their views on whether and how a speaker can be removed. Craddick's view: I Embattled Texas House Speaker Tom I rjraddick, left, walked around the House floor Saturday, talking with members, in cluding Rep. Charlie Howard, R- Sugar Land. Brian ICDiggs The House speaker is a constitutional officer who can be removed only via impeachment proceedings for an offense. Impeachment requires a trial by the Legislature and a two-thirds vote of both chambers.

House rules contain no provision for removing a speaker during a session. The Constitution specifies the timing and authority for the election of a speaker at the beginning of a session. The speaker's power to recognize a member is absolute and cannot be appealed. A motion to remove the speaker is invalid, and recognizing a member to make such a motion would be disruptive and would undermine the House as an institution. Opponents' view: The House speaker is not a constitutional officer; his power comes from the members who elect him as chairman, and that power can be revoked at any time.

There is precedent for removing a sitting speaker without impeachment The House removed Speaker Gus Mutscher in 1971. It would be improper to use impeachment proceedings to remove a speaker because it would require the Senate's consent to remove a House officer. Impeachment of a lieutenant governor requires Senate consent, but the lieutenant governor is a statewide officeholder, and the speaker is a House member elected from a single House district Sources: Speaker Tom Craddick's office, lawyers for state Rep. Jim Dunnam, D-Waco On Statesman.com: To read each side's full argument, see this storyatstatesman.comvirtualcapitol. House spectators wonder: 'Where's Jerry 3 '-4 0J.

SPEAKER: Both sides claim they could win a vote On statesman.com: should Tom Craddick quit as speaker of the House? Tell us what you think at statesman.comtalkofaustin. statesman.com: The wraps up its regular session Keep up with the final events statesman.comvirtualcapitol. Continued from Al midnight Memorial Day. And there are questions about whether a judge would intervene in a legislative fight. "I'm frustrated that there's nothing you can do to embarrass him, budge him or change his mind," Rep.

Tommy Merritt, R-Longview, said of Craddick. "All we want is a right to vote." After alternating bouts of parliamentary skirmishing and bill-passing, the House adjourned about 8 p.m., with Craddick still the speaker. For weeks, a revolt against Craddick has been with members anticipating a vote on a resolution to declare the speaker's office vacant. Late Friday night, in back-and-forth parliamentary maneuvering that lasted until early Saturday morning, Craddick made clear he would exercise the speaker's prerogative not to recognize anyone for that resolution. His opponents argued that a motion to remove the speaker is a privileged motion that a speaker must recognize for action.

Craddick said it isn't privileged. t. His opponents cited historical precedent in the Legislature and Congress. Craddick, through his new parliamentarian, former Austin Rep. Terry Keel, said a speaker is a constitutional officer who can be removed only by impeachment or other constitutional provisions.

Uncertainty in the air The House returned late Saturday morning, still in fighting form from the long, raucous night before. Time after time, lawmakers challenged the refusal of Craddick and others who were presiding in his absence to sustain points of order, including a motion by Rep. Jim Pitts, a candidate to replace Craddick, to declare the speaker's post vacant. Time after time, they were told, "You are not recognized to speak." Speaker Pro Tem Sylvester Turner, D-Houston, is a Craddick supporter. He spent most of the day presiding, attempting to reduce tension by keeping Craddick out of the line of fire of questions from the back members who have said they're speaker wannabes.

Jones said he is offering himself as a dark horse who won't campaign for the job, a fallback candidate if Craddick's opponents can't unite behind one successor. He and others were gearing up for a fight over the $153 billion spending bill. "I'm advocating we reject the appropriations bills, force a special session and get a court's opinion," he said. Two other speaker candidates, Pitts and Rep. Brian Mc-Call, R-Plano, predicted the budget could be in trouble.

McCall said Craddick has inserted $40 million of "pork" for his hometown of Midland. "If the budget is killed and I belie ve it will be there will be a special session," McCall said. "We'll rewrite the rules to say the speaker serves at the pleasure of the House just as in all parliamentary bodies in the world and history of the world." Other Craddick opponents are not so sure. They worry that killing the budget would play into the hands of Craddick, who claims his enemies are derailing the public's business with speaker politics. "If they kill the budget," Swinford said of Craddick's opponents, "they'll be doing it for personal reasons." With the prospect that Craddick will hold on as speaker by refusing a vote, both sides are looking ahead to the 2008 campaign.

"There's no doubt this effort is to the advantage of the Democrats, to shape the battlefield for the next battle," said San Antonio Rep. Frank Corte who leads the House Republican Caucus. "It's too bad some of my Republican colleagues are helping them in that effort." Waco Rep. Jim Dunnam, who leads the House Democratic Caucus, disagreed. "This has always been a Republican fight because they are the majority," he said.

"It is still a Republican fight." lcopelinstatesman.com; ward.statesmangmail.com Additional material from staff writer W. Gardner Selby. working real smooth here," said Nelon dela Vega, 61, rolling her eyes Saturday as House members yelled and booed each other on the floor below. "Where's Jerry Springer?" On Friday night, as tensions flared and the uproar began, the sparsely filled gallery grew busy. By 10, it was packed.

A line snaked outside the door as troopers let only a few folks in, as other people left. About midnight, as the House descended into chaos when Craddick declared a recess and left the podium, high-dollar lobbyists winced and looked grim. A group of nearby House staffers sat on the edges of their seats, wide-eyed. When Rep. Jim Dunnam, D-Waco, scored a one-up response to Craddick, gallery watchers applauded.

During tense exchanges between other lawmakers, they ooohed and aaahed like the back-and-forth on 'American Several women nearby wrung their hands or wiped away tears. Some shook their heads. Others clapped and cheering softly as the pandemonium continued. "We were out having drinks and decided to come see them overthrow Craddick," said Austinite Kevin Taylor, 28, who sat with several admittedly intoxicated friends. "What better way to watch this? You wouldn't want to sober." The crowds were smaller Saturday, though the House Chamber commanded more spectators than the Senate.

"I'm a political junkie, and this is the best show in town since the 'Dirty said Charlette Simpson of Austin, referring to a group of lawmakers who challenged then-House Speaker Gus Mutscher in 1971. ward.statesmangmail.com By Mike Ward AMKIMC msTATKSMAN STAFF Dan Wolfe came to "see the fight." The Jimisons came to witness history. Charlette Simpson figured she shouldn't miss the "best show in town." Lobbyists. Workaday Tex-ans. Tourists.

Even some folks who admitted they were drunker than hoot owls. They were all there late Friday and on Saturday at the Texas Capitol, sitting in the House Gallery, taking a front-row seat for lawmakers' ongoing mutiny against House Speaker Tom Craddick. Consensus: They were not disappointed. "This is better than reality TV," said a smiling Geanine Hogan, a San Antonio human resources director who stopped by Saturday while visiting friends in Austin. "The paper said mutiny.

It actually looks like a bunch of adults behaving very badly." As House members began shouting competing catcalls of "Vote" and "No," after a controversial parliamentary ruling from the podium, Hogan and others chimed in. Sergeants-at-arms quickly reminded them they had to hush or leave. "It was a great show last night," said software designer Dan Wolfe, 34, who came Saturday to see if the mutiny was continuing. Down the row, the entire Ji-mison family from Georgetown parents and five children watched intently as several parliamentary, skirmishes unfolded. "It will be in the history books," said Kirk Jimison, the dad.

"But it doesn't say much about our system of government. It's sad." A visitor from New York had a somewhat different take. "You Texans seem to really have this government thing chunq time to baUnct "7 a i 1 microphone. Several times, with the House floor growing increasingly chaotic as members roamed and talked, Turner asked lawmakers to take their seats. Few complied.

Several hollered, "No!" All day, the atmosphere in the House remained tense. At least nine state troopers were stationed around the chamber, flanking each door and the speaker's office. Sergeants-at-arms stood around the front floor microphone. Despite the brouhaha, the House plowed through its legislative agenda as members tried to keep up with the fate of bills locked in negotiations between the House and Senate. On the House floor, a relaxed-looking Craddick moved among the members, joking, asking about a member's health and talking about pending issues.

"He's such a cool customer," Rep. Harvey Hilderbran, R-Kerrville, said. The speaker, however, has refused to field reporters' questions. His press office did release this statement: "The speaker's position is that he will see to it that the House conducts the important business of the state. The other side wants to go outside the House rules to carry out a speaker's race during the session, and we are not going to play that game." New suspicions Craddick's refusal to allow a vote on his job has cost him some support.

In January, the Midland Republican was supported by four of the 10 Central Texas members in his contentious battle for election to a third term as speaker. He lost Rep. Patrick Rose, D-Dripping Springs, on Tuesday. Texan Eye Also on Legislature Monday. at After Friday night, Rep.

Mike Krusee, R-Williamson County, spoke openly of his disagreement with Craddick. "If he doesn't have the support of the House," Krusee said, "he should be willing to face the vote" to remove him. Reps. Dawnna Dukes, D-Austin, and Dan Gattis, R-Georgetown, continue to support Craddick. Gattis, a lawyer, defended the speaker's prerogative not to recognize a member for a motion.

Without that rule, Gattis said, the House would face anarchy. "We'd basically be able to filibuster in the Texas House," he said. "You could shut down the whole works." Rep. David Swinford, R-Dumas, is a Craddick supporter and chairman of the State Affairs Committee. "There has never been a speaker I served with who hasn't used his right not to recognize someone," he said.

Craddick's opponents said it's different when a speaker refuses to allow a vote on his own performance. It smacks of absolute power, they said. "I didn't agree to serve under a dictatorship," said Rep. Del-win Jones, R-Lubbock, who was first elected to the House in 1964. Both sides claim to have the votes to win, but Rep.

Craig Ei-land, D-Galveston, argues that Craddick is not acting like a speaker who has a majority behind him. "He can count. We can count," Eiland said. "He knows there's a majority against him. That's why he refused to recognize anyone." Competition lining up Also Saturday, the field of Craddick challengers grew, with Jones joining five other Care TRUST THE DOCTORS OTHER DOCTORS TRUST FOR LASIK Get the ultimate In active footwear.

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