The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-06-15


tuition to vote of the people and for other
purposes, II is declared: That in case the
new Constitution shall be ratified at said
election; the Senators and Representatives
then elected shall assemble as the Fifteenth
Legislature at the seat of government on
the third Tuesday in April, A. d. 1876"
by section of same ordinance it l. de-
clarcd: THAT after the first election here
in provided for, until otherwise prescribed
by law, the regui ar bienn al elections OF this
state, for State, district, county and pre-
cinct officers, after the year 1876, shall be
held on the Tuesday next alter the first
Monday in November, 1878. All officers
elected at the election herein provided for
shall hold their Offices as though they had
been elected in November, 1876, whether
the terms of their offices by the new Con-
stitution, be for two, four or six years."
And by section eff same ordinance it
is declared: There shall be no ses-
sion of the Legislature in January, 1876,
unless specially called by the Governor, nor
except under the provisions of the new
Constitution and this ordinance, or under
the ordinance of this Convention postpon-
ing the election of December, 1878"
BY the Constitution, article g. section 5.
it is provided: 1.-The Legislature shall meet
every two years, at such time as may be
provided by law, and at other times when
CONVEX e1 by the Go e'nir"
Article II, section 1, of the Constitu-
ton provides that the Legislature at any
biennial session, by vote of two-thirds of
all the members elected to each house, to
b, Tn cred by yeas and nays on the jour
nails, may propose amendments to the Con-
sti:utioD, ETC., etc.
II is by reference to these two clauses of
the Constitution we find that the sessions
of the Legislature of this State are to be
biennial and not annual, as heretofore held
The first annual session of che Fifteenth
Legislature, had it not been for the inter-
ference of the Cow, ntion, would have
been held in January, 1876. and we think
it may be inferred from the declaration in
the ordiDsncs alb ", mentioned, that the
trainers of the Con Iitu iol had two objects
in view in providing for session of the
Legislature to be held in April, 1875; first,
to provide for the loss OF tn, first annual
session of the Fifteenth Legislature which
would have been beld but for their act, and
to provide against any hiatus in legislation
which might result therefrom; and, sec.
ondly, to secure speedy measures for the
adjustment OF legislation to the require
ments of the new Constitut on This view
used in the ordinance above quoted, (sec-
ton 81, whore il says there sha be no ses-
sion OF the Legislature in January, 1876,
unless callel by the Governor, nor except
under the provisions Of thas ordinance, or
the ordinance o tponing the election
of December, 1875, showing that the
session prov ded for under said ordinance
was in some measure t, take the place of
the January session OF 1876.
1t will be remembe ed that the general
elections hereafter in this State are to be
iennial. The election held in February,
unoer which this Legislature met, cannot,
exec pit by a forced construction, be termed
a biennial election. The ordinance above
gu, ted (section y expressly declares that
Cater the first election herein provided
for" (namely the one in February, "until
otherwise provided by law, the regular BIZ
enuial elet tons for Safe, district, county
n pr cincC officers after the ar 1876,
snail be neld on the Tu-sday after the first
Monday in November, 1875" and then the
same section, in the same connection i'm
mediately provides that all officers elected
in February shall hold their offices as
though elected in November, 1876, evil
IDENTIFY showing that the biennial system of
elections and sessions of the Legislature
to continue thereafter in force. The mem
bcrs OF this House, thus holding their
offices as to time, we understand, are to per-
form the duties of those offices as if elected
next November. The only duties they can
perform are legislative, and il would seem
that, to perform their duties as if elected
in November, they must meet after Novem-
Der. Their pre- e CO at the capital now, as
Legislators, we regard as resulting from the
exercise OF a power of the people, through
the convention, calling them, not to BIZ
ennial session, for that contradicts the fact,
but in extraordinary session to supply the
failure of the last annual session, and to
provide all necessary legislation under the
new order of things. And by extraordi-
nary session, we do not mean "extra, :"
(" called" or especial" session, as those
terms are used in laws and constitutions,
anc as commonly unders God, but extra
ordinary in the sense that they are called
together in an extraordinary manner and
for the accomp' ishment of extraordinary as
well as for general purposes.
Section 5. article 3, of the Constitution,
already referred to, absolutely requires
that the Legislature shall meet every two
years, at such time as may be pro-
yided by law, etc., and this your
committee consider as mandatory; and
we reg"ri it as an imperative duty
on this, as we'll as on succeeding leg
is'atures to meet every two years. In this
coon ct'on it would not do to say that this
is the first biennial session, and that we
should assemble again in April, 1878. This
would be to postpone the meeting of the
Sixteenth Legislature until the year 1880.
The Sixteenth Legislature, the Governor
and o her officers must be elected in Novem-
Der, 1878, and should that Legislature be
postponed to 1886, it would not convene,
an the Gov rnor could not be inaugurated
tor nearly two years after their election
We think the best mode to harmonic the
me tings of the Legislature and to make
them biennial, as absolutely required by the
Constitution, and to conform to the ordi-
nances of the convention, is to ascertain
the proper time for the meeting of the Six
tenth Legislature, namely, in the early
part of 1879, and, counting back, to fix the
first biennial session OF this Legislature SO
as to conform to it, that is to say, early in
the year 1877.
Your committee have not overlooked
the provisions of section 6, article 8, of the
Constitution, winch declare that mo ap-
preparation of money shall be made for a
longer term than two years, except by the
| first Legislature to assemble under this Con.
stitution, which may make the necessary
appropriations to carry on the government
unt 1.-the assemblage of the Sixteenth Leg.
isa'ure. This clause of the Constitution,
unlike article 8, section 5, is only permits
slve IN its character, is by no means obliga.
tory upon this body, and, we think, rather
strength rs than weakens the view
taken by tn. committee. If the cor
ventIOn had intended to say there
should be but Ons ses ion of this
Legislature and that session the one
now: 1being held the language evidently
~oa,u have been that the first Legislature
shall make the needful appropriations to
carry on the government until the assem-.
blage Of the sixt, enth Legislature. This
permission was probably gated by the
Cons itutIoI in view of the TACT, amongst
o her things, that the present Legislature
has the p wer 10 appoint the time Of hold.
ing its wa biennial ses 10 and so the
4, II Al