New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-30

bic conspiracy in our midst. the proposition
would not have met with any serious con
sideratiOn in the community.
Mr.. Ray-Suppose sixty or seventy mem
beers had gone with Mr.. Carter to the
Gem saloon and organized themselves,
would they not have been the legal House
of Representatives.
Mr.. Campbell-The constitution pre-
scr;bes the place where they shall meet. 1t
YOU had had "a majority of the Senators on
board the evidences" or over the Cos
mopolitan club ROOM | do not think you
could properly have called yourselves the
Senate.
Mr.. Ray-You have already said that
wherever a quorum was collected it constr
tuted the House of Representatives,.
Mr.. Campbell-The Senator mlsappre
Blended my argument. l said that a ma
jority sitting in the place prescribed by the
constitution was the House OF Representa-
tives.
Mr.. Ray-Then. in your opinion, 1t IS the
place of meeting and not the majority OF
members present that constitutes the House
Of Representatives,.
Mr.. Camphell-Both are essential to con
stitute the House of Representatives,. In
other words, in order to break down The
State government you can not get a MAJOR
ity of the General Assembly and transfer
them to Concordia parish. or ON board a
revenue cutter, to act there as Leglsla
ture. You must have them assembled III
the locality prescribed by the constitution
and where they generally meet.
Mr.. Ray-Will you refer me 10 any la"
or constitutional article which requires that:
Mr.. Campbell-I hold that the article
which requires the Legislature to meet at
the seat Of government covers that 1ui!N.
1t does not say they can meet at any Guy
or town or village in the State. 1t uses the
word ''place." This State House is tue fegu-
lar ''place" Of meeting.
Mr. Blackman-Wnat makes 1t so. was
not the bank on Royal street also the
regular place of meeting.
Mr. Campbell-The Legislature agreed
to meet there, but until 1t does ue-
eide to 90 elsewhere, this is the constltu'
tional place of meeting. If you want to
90 away, there is no doubt You cah go; out
YOU must declare your intentloI to Il" so;
you must pass law to that effect; you can
not steal away without our knowing 1t. Inc
article was placed in the constitution tor the
purpose OF preventing mere majority from
stealing away and organizing elsewhere ana
transacting business while the minority are
looking for them.
Mr.. Svpher-Suppose the State House
should burn down to night; where would
we meet to- morrow fright here
Mr.. Campbel-There should, be law
passed by the Legislature providing for the
removal. Now. as to the right OF the
derstand that the Supreme Court has Land
down the doctrine that "a legislative body
is competent to enact any legislation not
prohibited by the constitution. l ask the
Senator from Ouachita (Mr. Ray to point
out to me in the constitution anything
which prohibits the Governor from call
ing an extr;. session Of the General AS
seInbly.
Mr.. Blackman-The executive is not a
Legislative body" Our complaint is that
he il assuming prerogatives which the iegls-
latiye department can alone exercise.
Mr.. Campbell-Show me an article IN the
constitution which prohibits the Legislature
from converting when So called IN extra ses-
sion BY the Governor, or which prescrloes
that When convened or organized under
such a proclamation it is not legal LfSls-
lature and can not enact laws. Inc Sen
ator mr. Ray) made the point yesterday
that the Governor had no such power be-
cause it was not especially given to him IN
the constitution ask where does the con
stitution forbid it,
Mr. Ray-The Governor has no powers
except those specially conferred upon HIM
in the constitution and laws of the State.
The Legislature, on the contrary. is only
limited by the prohibitory clauses OF the
constitution. Article siXty-fuur Is the only
authority under which his excellency can
act in calling an extra session OF the TEL
eral Assembly.
Mr.. Campbell-But when the Legislature
has convened under the proclamation and
il recognized by the Governor would not
anv acfiuu it may take be legal and binding!
Mr.. Ray-They can not ratify the action
of an executive officer which has not been
pertormed in accordance with the constitu-
ton.
Mr.. Campbcll-That brings the PROPOSE
ton down to the naked question. where the
discretion of deciding what Is an cXtraor-
binary occasion sufficient 10 justify a called
session is vested l hold that it is eXclu
sively vested in the Governor.
Mr. Raw say that the General Assem-
bly, can not convene except at the time pre-
scribed by the constitution, or unless 1t Is
called together by the Governor IN
extra session in accordance with
the constitutional article. l hold that
if that article were not in the constitution
the Governor could not call an extra SEES
sion and any meeting OF the Legislature,
except at the regular time, would be Illegal.
Mr.. McMiIlen-I understand the Senator
from Ouachita (Mr. Ray) to concede the
point that the Governor has right to call
the General Assembly together i'll extra SEES
sion.
Mr. Ray-Yes, but not while the General
Assembly is in regular session.
Mr. McMillen-The General Assembly
was not in session. The Governor had re-
ceived no official notification to that effect
Mr.. Blackmau-The position l take Is
this: The constitution provides that the
General Assembly may remain in session
sixty days, and that neither House shall
adjourn for longer time than three days
without the consent of the other. l main
tain that we are in continual session during
the sixty days. and that our adjournments
from day to day are merely recesscs, unless
both houses decide to adjourn.
Mr.. Campbell can Eot see any potency
in that argument. contend that whatever
might have been the illegality or unconsti-
tutionality of the extra session. the fact
that a quorum of the House OF Represent
atives, sitting in regular session, atierward
ratified and confirmed the action OF that eX-
ira session, makes it legal and binding
Senators will remember that while the
~ glish Parliament was in session, in the
reign of Charles l., and discussion was in
progress in relation to the levying of ton
mage and poundage, the King sent in his
writ proroguing or dissolving Parliament.
The question pending was whether
the resolution should pass, making
an inquiry into tue disposition of the
money thus collected by the King, and
just as the Speaker of the House of Com
mons, Sir John Finch, had declared that
he had received the Kings command and
was leaving the chair, two members stepped
up and. laying violent hands upon him,
forcibly declared him in his seat until the
resolution passed. Although those two
men were imprisoned in the Tower for
their revolutionary conduct, yet no one
ever doubted the legality of the passage
of that resolution. Whatever the House
agrees to and atterward confirms is legal
aud binding. no matter whether the original
i iin...