The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-02-27

|
der the Kidd resolution:
STATE OF LOUISIANA, !
Executive Mansion, :
New Orleans, Ls., February Is, 1876.
Hons. John Young, E. Z. Kidd w B Konntz L. A.
Witt, J.Jeffries, A. B. Lewis and H. Demss:
GenAemen-I have just learned OF your ap-
pointment by the honorable Speaker Of the
House as committee under the following reso-
luton Of House this day introduced and de-
| clared adopted:
81 move that committee OF seven be appointed
| by sthe Speaker to investigate what charges, if
| any, there are against VIM. P. Kellogg, demand
| ing his impeachment, and that they report as
| early as practicable"
| respectfully request to be informed when
| your committee proposes to enter upon this in
vestigation, in order that may appear in per-
| son or by counsel, as provided by section 1885,
Revised Statuter.
Very respectfully, your obedient servant,
VIM. P. KELLOGG.
The proclamation of the Governor con-
| vening an
EXTRA SESSION
is variously commented upon, and there are
many and diverse opinions in reference to 1t
| expressed.
The proclamation reads as follows:
PROCLAMATION.
STATE OF LOUISIANA, J
Executive Department,
New Orleans, Feb. Is, 1876.
Whereas The public in ,erests seem to demand
that the Senate of the State of Louisiana be con-
tinued in session beyond The second day Of
March, A. d. 1876, for the purpose OF considering
any executive or other business that may be
brought before them, or for the purpose OF sit
ting as a court Of Impeachment, if necessary,
Now, therefore, l, Wi liam P. Kellogg, Gov
ernor of the State OF Louisiana, do hereby con-
vene the Senate Of the State OF Louisiana in extra
| session, said session to commence 10 medlately
on the expiration of the present regular session.
on THURSDAY, the second day OF March, 1876
and to continue for and during the space Of ten
days.
| Given under my hand and the seal Of the State
hereto attached, this twenty-fifth day of Feb
ruary, A. D. 1876, and of the independence OF the
United States the one hundredth.
VIM P. KELLOGG.
| By the Governor:
P. G. DEsLoNDE, Secretary of State.
| It is conteDded that the proclamation is
under the Constitution unauthorized, and the
following articles bearing on the matter are
quoted:
Article GA says:
He 1.-THE Governor) may, on extraordinary occa
sions. convene the General Assembly at the seat
Of government, etc.
| And article Is sets forth what the General
Assembly is, as follows:
The legislative power OF the State shall be
vested in two distinct branches, the one to be
styled the House Of Representatives, the other
the Senate, and both the General Assembly of
| the State Of Louisiana.
1t was commended, on the other baud, that it is
well settled rule of law that the greater power
includes the less. The power to call an extra
session of the General Assembly includes, un-
doubleday, the right to call the Senate alone,
when the bushes is Of a nature that belongs ex-
clusively to the Senate. 1t is the Senate exclu-
sively that has the right to organize into high
court of impeachment.
| It is commended, further, that there is prece-
dent for the calling OF the Senate in this State in
extra session, to wit Mr.. Warmo b convened the
Senate ia extra session ia November, 1871, and in
this session Pinchback was elected Lieutenant
Governor in place Of Lieut. Gov. Dunn, as well as
performing other business. Afterwards, it is
held, in several decisions Of the Supreme and
other courts. the acts OF Pin ,hback as Lleuten-
ant Governor were ratified and indorsed.
| 1t is held further that there numerous de-
cisions and precedents in support Of this theory
in other States, where the provision OF the Con-
stitutien is the same as ours. Besides, it is con-
tended there is no power to question the legality
| of such extra session or any act. thereof EXCEPT
the Supreme Court and other courts OF the State,
which it is considered are rot likely to do it.
| As will be seen by our report of the proceed
ings of the House, the whole matter was laid
over until Monday.