Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-04
TIE ORGANIZATION OF THE ASSEMBLY.

sary to reorganize that assemblage. These
rumors have even gone the length of as.
serting that Speaker Parks believed in the
necessity of new organization, and as
that gentleman is well known to be an
accomplished parliamentarian, this report
has seemed to give some Importance TO
proposition which otherwise would GER
tainly have nothing to support it. The
fact is, however, that Mr.. Parks has never
authorized any such statement as has been
ascribed to him, he holding, as every man
must who has any acquaintance with par
liamentary law and practice, that the case
is in no sense an open one, the permanence
of the original organization being as well
assured as precedent and law can make it.
The highest authority on cognate SUBJ
jects is Cushings elements of Law and
Practice of Legislative Assemblies in the
"United States" From this work the
following citations, which cover the whole
ground, are taken "Unless otherwise
"specitied the election or appointment tof Of
g ficers of legislative bodies) is for the whole
"period of the legislative existence of the
"body by which it takes place, or until
"the death, resignation, or removal from
{" office of any one of the officers thereby
appointed" Section 2S3 And again,
Section 296): 1.-The Office must be per-
"manent, not only to avoid the ineonveni-
"ence of frequent elections, but because
otis duties will be more likely to be well
performed by a permanent than by
" temporary officer. The Speaker
"of the House of Commons accordingly
"holds his office during the whole term
"of the Parliament to which he is elected
" a member, and in this country the pre-
"siding officers of our legislative assem-
"blies hold their offices to the end of the
"term for which their respective Legisla-
"tures have been elected, notwithstand-
"ing any adjournment or propagation that
may take place in the meantime.
This authority is conclusive on the ques-
ton but in fact there is not, and never
has been, any reason for doubt as to the
subject. There are no instances on record
of contrary proposition. The English
House of Commons, our own Congress- and
held to the common sense doctrine stated
by Cushing. The American Cyclopedia,
in the article Speaker" summarizes the
law and practice on this head in similar
terms. After describing the English prac-
tice, it says: "The House of Repre-
sentatives of the United States elects its
Gown Speaker at the first session of each
"Congress, who holds office until the
meeting of tie next Congress and in
"the State Legislatures an analogous prac-
"tice prevails"
We do not know how the idea arose that
there was any difficulty in regard to organ
ization, but it is very evident that those
who suggested it had neglected to inform
themselves properly on the subject. All
the officers OF the Legislature, appointees
included, hold over as matter of course,
aud all the committees are equally per-
manent. The Legislature when called
together in extraordinary session, proceeds
precisely as though it had adjourned the
day before. 1t has nothing to do but to
proceed with the business placed before
it. 1t is complete in its organization, and
its adjournment at the close of the regular
session has had no effect upon its mr-
chinery. Such machinery, when created,
is created to last during the whole of the
term for which the Legislature itself exists.
OF course the Legislature possesses the
power to alter its own organization. It
may remove its own appointees, and put
others in their places, but it is assuredly
not called upon to do anything of this
kind, and since its political and general
complexion mas undergone no change, the
rational presumption must be that it will
not propose any changes of the kind.
It would seem to have been imagined
by those who started this notion OF reor-
ganization, that an extra session in some
mysterious way involved the introduction
Of new conditions to the Legislature. 1t
must be realized that when Legislature
is elected it is elected for definite term Of
years, and that during the whole of that
term every member of it continues to be
legislator, whether the body to which he
belongs is in session or not. Adjournment
sine die is not, as some evidently suppose,
equivalent to dissolution. It is merely
adjournment without fixing date for re-
assembling. 1t was the practice of the
Supreme Court of this State for many
years to adjourn sine die, but no one ever
supposed that by so doing the Court dis
solved itself finally. The plain fact is
that there is no warrant for the least
doubt as to the permanence of the legis-
lative organization. All the officers hold
to the end Of the legislative term, and
consequently they are always liable to be
called up for duty in the event OF an extra
session. We have thought it desirable to
state the case as fully as possible in this
regard, because the work before the Legs-
lature ought not to be delayed or protract-
ed by any frivolous or merely dilatory
movements, and because it would be alto
gether inexousable for any members of the
Legislature to raise question of the kind
referred to, in the face of the unanimous
and perfectly unambiguous agreement of
the parliamentary authorities in the prem
ises. We trust that the Legislature win
get to work to-day without any delay, and
that it will complete its task in as short
time as possible.
THE CASE OF THE ORPHANS.
A question has been raised as to whether
the Legislature can make appropriations for
the support of the orphan asylums, under
the conditions of the Governors proclama.