Nebraska advertiser., 1858-02-11
rndar he same Organic Aet lhe L.

The laws passed were held by the courts
10 bel valid. and recognized as such by the
general government; they holding that
having organized at the pace selected by
law, the law itself was complied with,
and hey could adjourn to any time and
place most suited to their convenience.-
ANY other construction would make the
mere locality as 10 the passage Of q law,
more important than the concurrence of
the law makers
Again The Seat Of Government Of
Kansas is at Lecompton. The Legisla-
ture met there and adjourned to Law
renee, where they are noa %enacting laws,
and no one, from the President down,
questioning their validity on that account.
In our native State, Ohio, the Legisla-
ture, together with a vote of the people,
provided for a Constitutional Convention
which was required BY the Act to convene
at Columbus, the seat Of government. It
met, organized, transacted a portion of its
business; adjourned to Cincinnati, and
there completed its session. Did any
body ever call IN question the validity
or legality Of the proceedings?
Another instance has been quoted by
Attorney General Estabrook of this Ter
ritory, as a precedent in point against the
course pursued by the Nebraska Legis-
lature. For the life of us, we cannot
the Generals galknowledge to the con-
trary notwithstanding-view the Oregon
case in any other light than in faUOr of,
and sustaining our position. AS to the
converting of the Legislature, the Organic
Act of Oregon was similar to that of ours.
1t differed in this respect, that no act or
Joint resolution should embrace, or contain
more than one subject matter. The Lee
g~islature first met at Oregon City, from
which place it removed to Salem, and the
same resolution provided for the removal
of the Penitentiary, The acts passed at
Salem failed to be recognized by the
courts and general government because
the resolution or act contained more than
one subject! Not because the Legisla-
ture did not possess the pouer to remoUe OF
adjourn, Hence, with all due Difference
to Gen1 Estabrook, we make a different
application of the Oregon precedent.
We undertake to say that no instance is
on record where the place Of the enact
ment of a law is ever certified TO, or en-
CURED into, in testing its validity. The
only important inquiry is "Did it obtain
all the forms required by the organic
law 2" 30
1t must at least be conceded by all can
dfd meu that u Legislature may enttrt
laws at other places thanthe "seat Of gov.
ernment," provided they previously fix
that place by law, or adjourn to it through
the forms of law, by simple motion, joint
resolution or otherwise. In support Of
this position it it alleged that "Parlia.
mentary law prohibits the adjournment Of
either House, to any other place, or for Z
longer period than three days, except BY
the concurrence Of the other" The Consti
tuition of the United States, Art. /, Sec
5, says, touching this point.
"Neither House, during the session d
Congress, shall without the CONSENT d
the other. adjourn for more than three
days, or TO any other place han that il
which the two Houses shall be sitting.
Is it not clear, then that both House.
may adjourn to any other place by CON.
SENT of each other. 1t is further alleged
that the adjournment Of the Nebraska
Legislature was not legal or valid because
the concurrence or consent of the Cover
nor was not obtained. What says Par
~liamentary Law on this point
"The two Houses of Parliament have
the sole, separate and independent pOUei
Of a%djourning each, their respective House
The King las no authority to adjourn
them; he can only signify his desire, anC
it is in the wisdom and prudence of eithe,
House, to comply with his requisition o
not as they see fit"
Itdoesn net require, as is supposed, tina
the consent of the Executive should ais,
be obtained to adjourn even to another
place. But every Joint Resolution or Bill
before THEY become a lar, must be pre-
scented to the other branch Of the govern
ment for its consent. Therefore as tina
consent is not necessary for an adjourn
ment of the Legislature, it need not ne
cesserily be done by a Bill or Joint Reso
luton.
In the case before us, the House frs
adjourned to another place than where j
was then IN session. That adjournment
we concede for argument, (although W.
I i -J-:.N III l.. -