Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-11-26
THE EXTRA SESSION OrTHE LEG.
ISLATURE.

THE EXTRA SESSION OFTHE LEG.
| IsIATURE.
Editor CArIroLIAN:
! The proclamation of the Governor
converting the General Assembly in
Ertra Session at the city of New Or
leans, has raised very grave ques-
tion as to the constitutionality Of
the act of the Governor in con-
vening the General Assembly at that
city instead Of Baton Rouge, the seat
Of government, under the present
Constitution of 1879.
The question is purely a legal one !;
and has to be considered and deci-
ded on the provisions on this subject,
con tanned in the Constitution itself.
The Constitution ordains, that the
seat of government shall be and re-
main at the city of Baton Rouge.
The General Assembly, at its first
session, after the adoption of this
Constitution, shall make the necessa-
ry appropriations for the repair of the
State House, and for the transfer Of
the archives of the State to Baton
Rouge, Article $50.
This Article is under the head of
general provisions" in the Constitu-
ton.
Under the head of the Legislative
Department." article 81 provides as
follows: 'The General Assembly
shall meet at the seat Of government
on the End Monday Of May, 1882, at
IL o'clock noon, and biennially there
after. Its first session under this
Constitution may extend to a period
Of ninety days, and any subsequent
session shall be limited to period Of
sixty days"
The seat of government mentioned
in this article is at the city of Baton
Rouge, as ordained by article $50 Of
the Constitution.
These are the general constitution
al provisions in relations to the seat
Of government, and the regular ses-
sion Of the General Assembly, to take
effect, after the ratification Of the
Constitution, by vote of the people.
| But az the seat Of government I'M
der the Constitution of 1868 had
been at the city of New Orleans and
the State House at Baton Rouge, the
former capital Of the State, was in
need Of necessary repairs, before it
could be- occupied and used for the
purposes Of legislation, a further con-
stitutional provision was necessary,
which is to be found in the schedule
in these words: "The General AS
sembly, first elected, under this con-
stitution, shall convene IN the city Of
New Orleans upon the second Mon
day in January next, 1850, after the
election, and the Governor and Lieu.
tenant-GOvernor elected shall be du-
ly installed in Office during the first
week of the session. and before it
shall be competent for the said Gen.
eral Assembly to lQpceed with the
transaction of business beyond their
own organization" Article 263.
This article in the schedule con-
tains the only exception to the gener-
al provisions in the Constitution,
which require the General Assembly
to meet at the seat Of government,
as fixed 10y Articles 81 and $50; and
no other exception COULD be created
even by legislative act.
It is clear on these constitutional
provisions that there could be no reg
ular session of the General Assembly
at the City of New Orleans, after the
first regular session in January, 1850,
as provided for by Article 263, in the
schedule, because Article q express
ly ordains that the second regular ses-
sion of the General Assembly shall
convene at the seat of Government
which is Baton Rouge-On the second
Monday of May, 1882, at 1o o'clock
noon, and biennially thereafter.
As only one regular session OF the
| General Assembly could be convened
| in the city of New Orleans after the
adoption and ratification Of the Con-
stitution, then the fnal question pre-