The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-11

their earliest acts should be TO exercise the
power delegated TO them by the Constitution in
oil the age by taking under the control of the
general Government all the great railroad and
telegraph lines oil the country; No person would
be placed in the hands of private spectators.
The railroads and telegraph lines should in like
manner be taken out OF such hands, and be
managed as public institutions, for the benefit
OF the Commonwealth. r.r.... ......
A New Day for the Meeting of n New
from Md World
The bill which will probably be passed by this
Congress for the meeting of the Fortieth and all
succeeding Congresses on the Atm of March next
succeeding their election, is not very objection
able except in its motive. 1t is meant as an act
Of hostility to the Presidents but in this viewit
is not of the slightest consequence, being
mere manifestation of impotent spleen. 1t the
Fo1heth Congress assemblies ON the 4th of
March next, it will be all the same as if this were
the first instead of the second session of the
Thirty NINTH and it should run into the spring
or summer, as second sessions always do until
the two Houses thought it to adjourn. 1t can
in no way curtail or abridge the constitutional
powers OF the President; the only difference
being that, the Senate continuing in session,
the President can ill no vacancies without the
consent Of that body, as he can in a recess
But no change in the law is necessary to
secure perpetual sessions OF the Senate 1t is
known to everybody that on every fourth
year, on the accession OF new President the
Senate holds an executive session immediately
alter the Inauguration TO act on his nomina-
tions. The preceding Congress expires previous
TO the Inauguration, but the Senate keens right
on and adiourns at its own pleasure, when it
has completed the transaction of such executive
business as may come before it. 1t has Just the
same power to hold over every second year
that it has every fourth, and to continue in ses.
sion until it chooses to adjourn. So far, there
fore, as relates to the appointments of the Pre-
sldent, the new law is perfectly futile. 1t goes
on the assumption that the Senate cannot hold
q session after the 4th OF March without ses-
sion OF the House an assumption founded on
no law and contrary to usage.
The Constitution plainly implies that the
Senate may be in session when the House Is not,
i'll the very provision relating TO appointments
made in the recess. Its language ls:-"The
| President shall have power to fill up all vacan-
cies that may happen during the recess OF the
| Senate, by granting commissions which shall
expire at the end oil their next sessionn-language
which clearly implies that the Senate may be in
| session when Congress is not. The practice of
| holding sessions 10 confirm the nominations OF
new Pres dent conforms to this Interpretation.
! Having thus shown that the new law will be of
no value to the radicals in the view in which
| they offer it, We propose to discuss it on its
merits, and state why we do not consider 1t in
| trlnsically Objectionable.
1t has a number of times happened, in the
! history of Congress, that, owing TO the balanced
state of parties, several weeks have been con-
sumed at the opening OF the first sessing in inef-
tectual ballotings for Speaker. Ii 1T should ever
happen, when parties are in such state, that a
! great public eXigency should require an extra
| session, business which required immediate
| despatch might be blocked by the inability of
Eongrefs 10seS S, to ga1 BY the lay now pro
| new Congress meeting Immediately on the ter
| mination OF the old one there could be no bust
| ness before il requiring any urgency since such
| business must bave been attended to by its pre-
decessor. In most cases, it would merely
organize and adjourn; and if there was a pro
tracted contest fo1 Speaker, the loss of time
would occasion no Inconvenience. Once orga-
| nized, 1t could adjourn, and If a great emer-
| gency should afterwards call for an extra ses-
sion, Congress woulo be ready for business on
the very day appointed for its meeting.
The meeting OF every new Congress on the 4th
OF March would remedy another anomaly. In
some of the States the Congressional elections
struggle along into the spring and summer fol-
| loving the expiration of the Congress whose
| members are to be replaced, so that If an extra
session should be called early in the spring, all
the States would not be represented. Elections
IN the spring are sufficiently early for session
! beginning in December, and extra sessions are
! so int1equent that this irreguarity has not been
1ectlhed. If every new Congress meets and
! organizes on the 4th of March, all Congressional
| elections will be held prior 10 that date, ar d
there will never be an interregnum during
which no complete Congress is in existence.
As the laws now stand, when the offices of
! President and President of the Senate both fall
vacant, the Speaker of the House of Representa-
! tlves becomes President OF the United States.
Dut lnere is, every Two years, an interval OF
nine months during which there is no such
! officer. Tue term OF the Speaker ends with that
! OF the Congress to which he belongs on the 4th
| OF March; and as a new Speak er is not elected
| till the following December, il might happen
that the mantle of the Presidency would fall
| upon vacant office. If the proposed law is
passed, the office of Speaker will never be long
| vacant.
The day fixed in the hill is ill-chosen, and will
| be found practically inconyenient Every fourth
year the President OF the United States is inau-
| gurated on the 4th OF March, and the excite
| n,ent and hubbub OF the Inauguration day, and
l the thronging mulitudes which then swarm to
the Capitol, unit that day tor the assembling OF
| new Congress. The fifth of March would be
| convenient ana suitable, and would prevent the
| new Congress from impinging against, or being
drowned or deaiened by, the Inauguration cere-
| monies.
The anomaly which the new law would remedy
seems 10 have resulted from accident. When
| the trainers OF the Constitution fixed the first
| Monday in December for the annual meeting of
| Congress, the day was we'll selected as regards
public convenience and the season CT the year
| but without any foresight as to when the Gov
ernment would go into operation, which would
| depend upon the uncertain ratification of the
| Constitution by the States. 1t so happened that
| the requisite number OF States had ratified in
| season for the new government 10 be set in mo-
ton on the Attn of March, 1889, instead of the
following December; and as the duration of
each Congress Is two years it's life terminates
| nine months before II has any organized success
soT. Had the Government been put in opera
| ton in December, the new President and new
Congress would commence their functions at
the same time, just as in this State q new Gov
Crnor is sworn in on the same day that new
Legislature meets. If the same practice pre-
vailed at Washington, every department of the
Government would be at all times complete,
without any bitches or interregnums.
| The proposed law, OF which we take this
| favorable ". 81 hArrpn marty