The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-23
4itlllpaad dispatch,
ERIn aY FEBRUARY %. 1877.
The First Session,

The First Session. t,sAts=
Tho onestion whether this is the first scs-,
Zion under the amendment ratified last fall
is a judicial one. Itcannot be finally decided
.by the General Assembly. That body may
entertain its own opinion on the question:
and may vote unanimously that this IS OF IS
not the tirst session, but It's action will Pima
no one. The question can be deciaed OH!
nv the courts-by the Supreme court ..
Appeals In the last resort. The Genera'
Assembly may decide unanimously that tn,s
Is not the first session under the new'an'eno'-
mea.s. and yet the Court OF Appeals may
afterwards decide all legislation to De IN
valid which may depend for its validity.
upon the point now in dispute. Ihe ques-
non ;s therefore an important one. mas
much, therefore, rs 1t cannot DC oecloeo
finally by the General Assembly, 1t becomes
indispensably necessary that that body shall,
II possible, make such decision rs Will be
affirmed by the Court OF Appeals.
The language Of the Constitution is, :" No
session Of the General Assembly after the
first under this amendment shall continue
longer than ninety days." &c. This Ian
rnape was copied from the Constitution It
SELF, except the word amendment which
was substituted for Constitutions" This
language has been in the Constitution Tor
twenty-five years. 1t was in the Constltu-
ton ratified in October, 1851; and the hrst
Legislature which met thereafter continued
j., session as long as it chose. There is'a
case exactly in point. The Constitution
was ratified in the fall, and the Legislature
which met in the winter immediately follow
ing continued in session for much more
than ninety days. So the amendment we are
considering was ratified last fall, and the
Legislature now in session is "the hrst
under this amendment"
II has been plausibly contended that mas.
much as no Legislature has been chosen
under the amendment, it is not yet In opera
ton. But this argument would prove that
the Legislature bungled in proposing the
amendment, and omitted the words neccs-
ssrv 10 express its intention: that it meant
to say, mo General Assembly after the flrs'
under he apportionment provided for by
This amendment" That would be to sup
rlv words where none are found. Thisth
courts will not do. itG lea Scripta est
":hus the law is written us theli
motto. But let US see whether the
last Legislature did not draw a clear
distinction between the first session under
this amendment and the first session under
the next superintendent. Article ", sec
ton 2, provides clearly that from and after
November, 1879, tue Legislature shall con-
sisLof so many members. Section 3 (same
article) uses the. words "the first election OF
delegates under this amendment" There
can be no mistake 80 far. The Legislature
knew what it was about. Again, same sec
ton: "The senator's first elected under this
amendment" Plainly the last Legisla-
ture observed and clearly marked the
distinction between ''the first ses-
sion under this amendment" and the
Legislature '.first elected under this
amendment" And this being the case,
it can hardly be safely assumed that so in
telligent a, body did not mean what it said.
It must have intended the present to be the
first session under the amendment. This
view OF the case is borne out by the reason
OF the .thing-its reason for being. In 1852
the whole governmental machinery of the
State had to be reconstructed. 1t required
much time to effect this result. The reason
is exactly the same now, though there are
not so many changes to meet aud make.
The Legislature is in duty bound at
this session to make. the. machinery
of government work under the new amend
ments. It must provide for preventing
persons convicted Of petty larceny from
voting hereafter. Also, all paupers, who
can hardly be voters under Constitution
which requires the prepayment Of a poll.
tax as one Of the conditions OF voting. II
must reapportion representation. 1t must
change the election-laws 80 as to provide
for biennial elections in and after Novem
Der, 1879. 1t must provide all laws thai
may be necessary for carrying into effec
the new amendments. Will anybody con
tend that the performance OF these dutie!
can be postponed and turned over to tht
next Legislature II not, then nobody car
contend that the present is not the first ses
sion under the new amendments.