The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-05-09

we are left completely at the mercy of the
Secretary Of the Treasury; for under the
provision already quoted, he must first make
an estimate, and if he fails so to do, then no
appropriation would be made and no sess-
ION, regular or extra, could be held. The
acts of 1912, in reference to their object are
susceptible of the construction nut mon
Them, and II SO, we have right to assume
that 1t was not the intention of Congress in
the attempt to pass needful rules to take
away needful powers. 1t is fact worthy of
notice, that the expenses of the legislative
Assembly of Minnesota, (session Of 1861
under the last apportionment, having neces-
sarily exceeded the amount appropriated
Congress in deficiency bill passed at the
Ist Session, Bath Congress, appropriated So
OOO for the payment of the excess. So that
Congress, by its practical construction of
the acts Of 1912, say to the Territorial Le-
glslatures "you cannot of right, hold sess-
IONS at the expense of the United States
Treasury beyond appropriations, but if you
90 exceed appropriations, in proper case We
Will pay the expense. But to lay aside all
general reasoning, the clauses in the acts of
I042 which are supposed to forbid session
OF the legislature in the absence of an appro-
priatiOn for the same, are by the Organic
Act, extended over and declared to be in
force in said Territory so far as the same or
any provisions thereof may be applicable"
Are those clauses in any sense applicable to
an extra session? If they are applicable,
then we must necessarily assume that Con-
gress must make an appropriation for the
expenses OF the extra session, in assuming
which fact, We must also assume that Con-
gress must and will foresee the emergency
which demands an extra session, las does
not appear to have been done in the present
case, that is to say we are reduced to the
absurdity of assuming that an extraordinary
emergency which, from the very fact that it
cannot be tore-een, cannot be provided for.
as regular session can be foreseen and does
not call for an extra session.
So that the question, whether the clauses
alluded to in the act of 1912, are applica! lie
to extra sessions, is the question whether
Congress can or will make an appropriation
when there is no object in sight for which
they can appropriate If the foregoing views
are SOUND, then the inquiry arises by what
authority shall the Legislature be convened
at an extra session. And here there is of
course, no specific directions. Sec. 2 of the
organic Act, provides shat the Executive
power and authority in and over said Terri
tory of Minnesota, shall be vested in Gov
ernor." And further, that he shall take
care that the laws be faithfully executed."-
Sec. 4, provides, "that the Legislative power
and authority of said Territory shall be
vested in the Governor and Legislative As
sembly."
In analogy to the practice under other
governments, as well as in the exercise of a
general executive power and authority, (giv-
ing to the word "executive' the construc-
ton usually put upon it in this connection,
and as coordinate branch and head as it
were, OF the legislature, it would seem highly
proper, nothing appearing to the contrary,
that the Governor should have the power to
call an extra session, and the fact that he is
continually experimenting the affairs of the
Territory would enable him to know when
such session was demanded better than any
other person or persons holding official po-
sition. Whenever the execution of the laws
cannot be effected without session of the
Legislature, it is clear that the Governor
would have power to convene, as necessary
incident of his duty and authority, to see
shat the laws be faithfully executed" So
far as the question of the organization of the
House is concerned, it is only necessary to
say that the Speaker is called and elected
Speaker Of the House, not Speaker of the
session, and that the House is one for the
year, no matter how many sessions it may
hold. By special provision of Sec. ii,
Chap. 3, Rev. ST., the Clerk of the House
and Secretary of the Council remain in of.
flee beyond the year and until the organiza-
ton OF the next regular annual session.
The questions submitted to your commit
tee, admit OF argument on both sides, but
after such examination as they have been
able to give, your committee are of opinion
that the present session of the Legislature is
legal.
JOSEPH r. Brown,
H IoEs s N: Bsnar' Committee.