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

dinary Session. delivered I'm the
Horse June 40, 1870
Mr.. Speokcr-The questions submitted are !:
1st . Is the present session OF the Legis-
lature biennial session, or an extraordinary
session :"
I'd. els It lawful for session of the
Legislature TO convene in January, 1877 :"
Upon these questions the Judiciary Com
mittee No | Of the House report the follow
ing conclusions
session of the Fifteenth Legislature Is not
the biennial session Of this Legislature"
I'd. "That Il will be lawful for session
OF this Legislature TO be held in 1877"
In my opinion neither one Of these conclu-
sions are correct.
In the determination Of these questions we
are 70 look 10 the intention Of the Conven-
ton. To arrive at that intention, all sections
of the Constitution relating 10 the subject
must be construed together. 1t will not do
70 take an isolated section as conclusive of
the truth Of either the affirmative or negative.
See Cooley on Const. Lin, PIP. 81, 55 and SO.
The committee, after quoting the sections of
the Constitution and ordinances in their
opinion bearing upon the questions, with
out any regard 10 tho order in which they
come, or their applicability TO one OF the
other proposition, inform us, first that the
first annual session of the Fifteenth Legisla-
ture, had 1t not been for the interference of
the Convention, would have been held in
January, 1876" and that they infer from the
ordinance submitting the Constitution to
vote Of the people, THAT the trainers of the
Consultation had two objects In view in pro
viding for session Of the LEGISLATURE to be
held In April, 1879; first, to provide for the
loss Of the first annual session of the Fifteenth
Legislature, which would have been held but
for their act, and TO provide for any hiatus in
legislation which might result therefrom; and
secondly, 70 secure speedy measures for the
adjustment of legislation to the requirements
Of the new Constitution.
l apprehend that the two reasons given by
the committee, together with others of equal
potency, such as the necessity of providing
by legislative action for meeting the obliga-
lions of the State falling due before the close
Of the fiscal year, mere reasons operating in
determining the Convention TO fix the time
for the assembling Of the Fifteenth Legisla-
ture as early as April, but what has that 10
do with the question as to whether this is the
biennial session of the Fifteenth Legislature
The Convention had postponed the election,
and the assembling of the Legislature, and
In providing for the assembling of the
biennial session of the Fifteenth Legislature
II was Just as competent for that body to
provide that the session should begin in April
rs TO provide that 1T should be held in Jan
uary, 1877, or at any other time. The fact that
the session was assembled prior to November,
1875, at which time the term of office of all
officers and members of the Legislature
technically date from, is no evidence that this
was intended as a special session.
The intention OF the Convention was evil
IDENTIFY nothing more than to fix a definite and
convenient time in the year at which elections
shall hereafter be held; and in order to put
the new system to work and save the expense
OF another election in November, 1876, It was
necessary that the first officers elected should
hold longer than two years; in other words
they should hold from the date of their cleo
ton and qualification until their successors
are elected in November, 1873 While they,
as a matter of fact, hold from April, they are
declared by fiction of law, for the purpose of
regularity, as above stated, 10 hold from No
vember, 1876. They perform all the func-
tions and enjoy all the emoluments of their
offices just the same now as they will after No
vember, 1876. The members of the Fifteenth
Legislature are endowed with all the power
and privileges that they will have after No
vember, 1876, and the argument of the COM
mittee that Ito perform their duties as if
elected In November they must meet after No
vember," attaches an undue weight and i'm
portance to the fiction of law by which it is
proposed to establish a regular and convenient
time for holding elections. If the argument
Is worth anything, by following it out to le-
Ultimate conclusions we must hold that the
functions of every officer in the State, elected
at the February election, are suspended until
after November, the time from which his
term OF office technically begins, The argu
ment OF the committee in celebrating the
idea above quoted, beads us inevitably to this
ridiculous conclusion. The committee say
"their (this Legislatures presence at the CAPT
tai now, as legislators, we regard as resulting
from the exercise OF a power of the people,
through the Convention, calling them, not
70 biennial 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" Now, if it takes this
extraordinary exercise of the residuary or
Revolutionary power of the people to enable
members Of the Fifteenth Legislature to as
semble, las legislators, prior to November,
1876, viii the gentlemen of the committee in
form us how II Is that every other officer of
this State is quietly discharging the duties of
his office, without the exercise of this SOW
ereign power In his case ? Surely, If the
argument applies to one officer of the State it
must apply with equal force to all.
In this connection the committee are par
ticular TO inform us that when they use the
term extraordinary session" they ''do not
mean extra called or special session,
as those terms are used in laws and constitu-
tons, and as commonly understood. They
simply mean that the session is extraordinary
because % Is extraordinary. Now, If the
session Is not an 'extra," "called" or 'spe-
'elal session, as those terms are interpreted
by law, submit that il can be nothing else
than regular session. In determining the
question as 70 whether this is regular SEES
sion, OF rather The biennial session of the Fiji
teenth Legislature, the intention of the Con-
vention which fixed the time of its meeting,
and the circumstances attending its assem-
bling must be looked to. We see from tho
journals of the Convention that on the thir-
teenth day Of the session the Committee on
the Legislative Department. made their re-
port which was afterwards substantially
adopted by the Convention as Article 8, Sec
ton Of this article (the section so confidently
relied on In the report under discussion), as it
came from the committee read as follows
1.-THE Legislature shall meet every two years
at such times as may be prescribed by law,
and at other times when convened by the
Governor. Tho FIRST session under his C0nst t.
fHfioa shall convene on Me--tidg 0f-
1876" Now will il be contendcd that this
first session here mentioned which was to be
held In 1875, was intended 20 be special or
as the committee has Il an extraordinary "
session. The time for the regular meeting
OF the Legislature wss being fixed, the new
system Of biennial sessions Is here first an
nonnced, and in the same section il is said
that the first session under this Constitution"
(meaning clearly the first regular and biennial
session. should be held in 1876
Il Is true that this latter clause fixing the
time for the first session was stricken out of
section in the final adjustment OF the parts
Of the new Instrument but by reference TO
the ordinance submitting the Constitution 10
vote Of the people we find In section that
Il was retained in the following language
That In case the new Constitution shall be
ratified az said election, the Senators and Rep
resentAtivcs then elected shall assemble as Ghs
F0fSetnth Legislature at the seat of govern
ment on the third Tuesday in April A. ID.
1876. This is the authority under which We
ara here today. Is there anything in this au-
shoriiy 10 indicate that this was to be special
OF an extraordinary session We are re
ouirod 10 assemble As the Fifteenth Legislature