The Planters' banner. [volume] (Franklin, Attakapas Co., Lou.) 1849-1872, 1869-06-16


on tho second Monday after their election
was officially promulgated. etc.," wherea
the Legislature. the subject Of the 1896
article. was to hold its FIRST session on tn
third Monday, without proviso or condition
Now. If the General Assembly y" Of th!
article was intended to be included in th
expression of the l5sth Art, "all civil off
Gers thas elected. etc.. y why incorporate tn
article l29, at all! any further than to "a,
when these civil officers Of tho General AS
sembly should meet! @ >5s $50
If tho expression "all civil officers" mean
Legislators, why was a difference in th'
time of their induction into Office stipulated
Why were tho former to enter upon tht
discharge Of their duties on the second Mon.
day after their election, etc., and the 10 tie,
on the third Monday. unc"nditionally! f
II the terms /" all civil officers. included
the members Of the Legislature, then main
tain that the General Assembly entered
upon the discharge of their duties on the
second Monday also. - sesFfv iie
But they are not civil officers within the
meaning Of the Constitution, if tried by any
of the tests. They receive no commission.
they give no bond. 1t is true they take an
oath; 20 do arbitrators, amicable compoud.
ers. appraisers. witnesses and others. But
who. on this account, will say these are civil
eficers, etc! r s7 i r-f41f- 8
Again, as Legislators, no one of the con-
sesvatory writs known to our law can reach
them in the performance of the duties of
their Office. and yet they reach all the other
civil officers. according to their functions.
How would lawyer go about epjoining
them rs Legislators! A mandamus could
not reach them. nor would writ Of prohibi-
tion, certiorai. nor quo warranto. They are
privileged from arrest during their attend
ance upon tho sessions of their respective
Houses, unless for treason, felony or bresch
OF the peace. sH8l 8}fIs
But again; the trainers of the Constitution
themselves evidently intended to make a
between them and civil officers.
for in utrticle Al, the Constitution says, mo
Senator or Representative shall bs appoint
ed to any civil Office. created during his
term Of Office. sooner than one year there
after."
Representatives are chosen for two years.
and their election is to take place ON tho first
Monday Of November evsry two years.
Arts. l6 and ~.
These articles had reference to the per-
nanent State Government ordained by the
If it did not it provided for
IN impossibility. The General Assembly
elected on tho 18th and 18th of April could
sot exist two years in inrnfian Il .<A.
looned to exercise its functions two years
md half.
The first was probable. the latter is Con-
impossible. pr sz .efs~
If the Legislature elected in April. 1868
Fas not Janetus ebFcio on the first Monday Of
November following, it cannot DO until the
irst Monday of November A. D. 1870. Be-
cause. if it was intended that it should last
:wo years, as is provided for the official ex.
stenco of Representative. by Art. I6. then
to two years Of existence will not terminate
until the 18th day Of April, 1870.
Az on n~umo& holI ~u II. ox:.., G.. 49,.
oers Of the General Assembly before the
let Monday Of November, and as there can
20 no intorreguum. it follows that the pres
mt distinguished body must survive two
years and half in spite of the express let
er Of the Constitution to the contrary not
"Art. 16. Members of tho House of Rep.
shall continue in Office for tro
vesrs from the day. Of the closing sf tie
general election.
"Art. IL. Representatives shall be chosen
N the first monday of November, every
wo years. and tho election shall be COM
pleted in one day."
Thus wo see that fifteen months have
|assed away. and We are told that seven
cen more must come and go before VIC can
'ave an election for representatives. Where
} tho Constitutional authority for this pro-
'nged life Of the present Legislature! 1t
an exercise legislative functions for thirty
70 months, in the face Of the Const tuition,
'hinh emphaticslly declares that no Lexis-
1.-Two body can survive twenty four months.
This eight months of prolonged life be-
ond Constitutional authority must be in 4
'nded as compliment to its aromatic and |
'tellectual superiority.
If these theories Of the Constitution are |
orrect. then for what time aud for what
urpose was the Legislature elect Of April
J. and l6. 1859. chosen! 7
In interpreting law, whether Legislative
J Constitutlonal. ne should endeavor to give
kect to the intent the representatives Or /
.e people. as the case may be, had in view
adopting It.
When laws conflict in actual cases, we, ori
y courts should endeavor to reconcile them
far as possible. aud should it prove im-
oasiblc to harmonixe thom. then that inter.
rotation and construction should be re-
'rted to and adopted. which Is found to be-
ost conducive to the supremacy Of the
eueral principles Of the Law.
A Consultation should not be made To-
can one thing at oao time. aud asather at
atohsr. Its construction should be uniform
ID, such ~ to make il consistent with
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