Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1845-12-04

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tanned a, This place by sickness and The
inclemency Of the weather. He was con
sequenily not present at the re assemb
ling Of that body, and unless his healtI
improves. we understand he will be una
BILE TO be with them for some time to
come.
We have already given our opinion Of
.he expediency as well "a The legality oil
this meeting Of the legislature. We then
supposed, however. tina, il could he made
legal by the Governor calling them to.
ge'her by proclamation. We are nov
convinced that he has no such power, as
there is no provision Of law for it. The
| Governor, we suppose was OF the same
opinion as he has issued no proclamation
for special session. |. is our firm con.
viclion that the meeting of the members
Of the legislative assembly this winter, is
wholly unauthorized and illegal; and all
their acts will be dead letter. An ex.
animation Of the laws Of Congress and Of
the Territorial Legislature will show tina,
we are correct.
BY the organic law (Sec. A. the term
Of service of the members Of the House
of Representatives Of Iowa continues one
year; of the members of the Council two
years. The time. place and manner of
holding all elections by the people, as
well as the day Of the annual commence.
ment Of the session Of the legislative as
sembly is to be prescribed by law; but
no session in any year shall exceed The
term Of seven,y-fvc days. The law,
however, makes no provision for two
sessions. nor for an extra session; it only
speaks of the annual session.
The Territorial legislature as required
by the organic law, had fixed the time of
the annual session of the assembly on
the first Monday of Dece mber: it had also
fixed the time of the general election of
members on the frs, Monday of August.
But by the act of June 10Th. 1874, the
time OF holding the election of members
was postponed from August, 1914, to TIC
LIST Monday Of April 1915; and the time
of holding the annual session Of the lie.
gi>lature for tina, legislative year. icas fr.
ed for the first Monday Of May, ls45.
In all This. the Legislature was doing
no more than i, had the power to do un
der the organic law. II had fixed the time
Of the election Of members, The time
when tie legislative year should com.
mence, and the time when the annual
session Of the Legislature should be held.
In accordance with law the election was
held; the legislature met and held lis an.
nual session, and after sitting thirty eight
days. by It's own resolution it adjourned
sane dte on The 18th OF May.
Upon this statement Of The law and the
facts. we ask what authority had that
body 10 meet again on the Is, Monday of
December! VIVA, power has il to hold
two annual Sessions in one legislative
year! When i. has adjourned sine die,
what power has il, wi,hou, any provision
Of law, 10 hold an erira Session?
One says tina. because the Legislature
in May. did not ST, ou, The whole of the
seventy fire days allowed by the law of
Congress, that it has the righ, TO NEE, this
winter and serve out the whole ime!-
Another says tina, the meeting in Nav |
was only an extra Session, aud tina. the
regular annual Session commenced on
the Isl Monday Of December! This is all
folly. The law provided for the annual
Session in May last, not for an eriru Ses. |
sion, and it is all moonshine to suppose
that when the Legislature ha. adjourned.
il has any power TO re assemble to sit on, |
the balance Of its time, without special
provision therefor made BY law.
It's all in vain however that the lille
gality and absurdiiy of this meeting Of the I
Legislature is shown. The members
were determined 10 meet. They had got
upon the seen, of the compensation fur
nished by The Government, and the smell
of three dollars per day for thiriy.seven
days. was entirely too much to be resisted
by ordinary flesh and blood.
We dn not know that the Governor has
encouraged the members in the proiec, of
holding session Of the Legislature this
winter; bni il he has examined the law
upon the subject, he could not Be other.
wise than convinced that their meeting
would be illegal. and he should have pu,
a stop to any such folly. He should have.
held II" intercourse with any such disturb.
srs Of The peace.
What the members Of this august body
will do a, Iowa City We ere unable to
predict. Whether their enactments will
i've in our annals and acquire the dignity
Of laws, the future historian will perhaps