The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-06-29

first session might hold beyond the usual time.
Surely, If they had intended the first session
OF this Legislature 10 be special session, and
contemplated the holding of a regular session
IN 1871, the unusual time of ninety days
would net have been given. The Convention,
in its determination 10 put an arbitrary limit
on sessions of the Legislature and to cut off
the heavy expense of frequent and protracted
sessions certainly could not have intended TO
authorize the holding of two lengthy sessions,
one of ninety and the other OF sixty days,
within less than one year after the adoption
| of the new Constitution. This is what is
proposed 10 be done by the report Of the COM
miftee now under consideration.
| Again, in section 9 of article g. we have the
clearest and most positive declaration that the
Convention regarded this session as the repU-
lar biennial session of the Fifteenth Legisla
ture. Section declares that - no appropria-
ton OF money shall be made fer a longer
| term than two years, except by the first legis-
| lature 10 assemble under this Constitution
which may make the necessary appropriations
10 carry on the government until the assem-
blage OF the Sixteenth Legislature" Now il
is contended in this report under considera-
ton that this clause is only peyHlissiUe, and
cannot be held TO qualify the otherwise posi-
tive mandate OF section ), article 3, requiring
the Legislature to meet every two years. IT,
then, 1t can be demonstrated that section G of
article Is mandatory, and imposes the I'M
peratIve duty on this Legislature TO make ap-
preparations TO run the government until the
meeting OF the Sixteenth Legislature, the
| whole argument of the committee must fall
l hold, then, that the word "Dtny," in the con,
nectiOn in which IL is used in section 6, means
"shau, and instead of being permissive is
mandatory. By reference TO the authorities
this view is clearly correct. Mr.. Bowler in
his law dictionary, says that 'the words shall
and may in general acts of the legislature,
are to be construed imperatvely." That is,
that in general acts, the two words mean the
same and are mandatory. Mr.. Burrill, in his
| law dictionary, in defining the word may,
says 80 May is TO be construed must in
all cases where the legislature means to i'm
pose positive duty, and not merely to give a
| discretionary power" Reference is made to
l Peters Reports and to Hill On. " Re
ports. Again, he says, to make the matter
palmer, " the word may, in statute, means
must or shall when the public interests or
| rights are concerned, or the public or third
person have claim, de .jure, that the power
shall be exercised" Reference is made to
Kent, page 467, note, ETC.
| No principle is clearer or better settled than
this. The appropriation of money 10 carry
on the government is a public act-an act in
which the whole people of the State are in
terested The power given is one which all
the people have a right TO demand shall he ex-
ercised, and therefore cannot be considered as
discretionary with the Legislature. The
Legislature cannot rghtfully refuse to make
the appropriations, and if il should it would
be sufficient reason for the Governor to imme-
dlately call an extra session to have the ap-
preparations made
| We can find material assistance in giving
a proper construction to the word may in
this section by reference to other parts of the
| Constitution whore it is used. Dozens of ex-
amples are in point, but | will call atten-
ton to only two. Section as of article de-
clares that "the Legislature shall not have the
right to levy taxes or impose burdens upon
the people, except to raise revenue sufficient
! for the economical administration of the
government, in which may be included the
| following purposes :" Then follows all emu
meration of everything of Importance to the
carrying on and sustaining the government,
| etc. VIII gentlemen contend that the word
may in that connection confers merely
| permissive power, and that the Legislature
could, in the exercise of its discretion, refuse
| to levy taxes and make provision for these
| demands See to what ridiculous cOndi-
ton such a construction of this word "may "
would lead u.s. What does it mean, then, in
| this connection ? 1t means that in raising
revenue to carry on the government these
things enumerated in section 4S ''shall," not
may, be included. .t N...
Again, in section 5 of article 3, the very
section upon which the committee base their
argument, it is said that " the legislature shall
meet every two years mt such time as mdy be
provided by law" Will gentlemen contend
that the Legislature under this clause has
discretionary power to fix the times of meeting,
or not, as they may choose, or will they not
agree that this is an imperative duty imposed
| upon them TO fix the times for the meeting of
succ eeding legislatures?
| These examples, taken from the same Con-
sttution we are now attempting to construe,
| fH..n., ,.l.,, ~
when in section of article Sit is said that
| the first legislature to assemble under the new
Constitution may make appropriations to
run the government until the assembling of
the Sixteenth Legislature" it is meant that
this Legislature shall make such appropria-
tons. If, then, this Legislature is required
to make appropriations to run the gov
eminent until the meeting of the Six
teenth Legislature, it will hardly be con-
| tended that another session of the Fifteenth
was contemplated, nor will it be denied that
this is the regular biennial session of the Fiji
te9nth Legislature.
By reference to the journals of tie Con-
vention it will be seen that this clause, re-
| quiring appropriations to be made by this
Legislature for longer period than two years,
was tackled on by amendment after the system
of biennial sessions had been adopted, and
after it had been determined that the first
session OF the Fifteenth Legislature should be
held more than two years before the time at
which the Sixteenth would assemble showing
clearly that the amendment was made to meet
what the Convention saw to be an emergency
From the foregoing reasons arrive, then,
at the following conclusions
| LIST. That this is the biennial session of the
Fifteenth Legislature, and that no other regu-
lar session can be he ID
2d. That this Legislature must make APP
preparations for running the government until
the meeting of the Sixteenth Legislature,
which should be early in 1879
That Large brained woman and large,
] hearted nun. self.styled Ganrue SIND y Is