The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-08
= THE EXTRA SESSION AND THE
ACTION OF GOV. STONE"


ACTION OF GOV. STONE"
But for what has been written, pub
lish ri, said and done, about the mat
tiers indicated ia the caption To this
article, THE COMET would not have
one word 10 utter. As the case now
stands, perhaps "our say" may not
darken councils. On the contrary, it
is our purpose 10 shed ms much light on
the question as we can by the state
ment Of few plain facts and figures.
Some extreme views have been pre-
scented To the public, through some Of
the journals of the State, in labored
articles intended 10 show that the pre-
sent condition of public affairs de
mands that GOV. Stone should con
vcne the Legislature in extraordinary
session; and, as necessary sequence,
if he does not do so, that he will be der
elect i'm duty. 1t would bc fair and
legitimate to answer or meet these eX-
treme views on the one side, 10y eX-
treme ones on the other. With refer
ence To the question oil arpor'ionment
and representation, ii is not deik,d
that some inequalities may be found
under the present law-and that some
counties have ii larger representation
in the Legis ature than others, accord
ing To population. We say this is not
denied, because nothing that is human
has ever yet been found that was per-
feet and entirely free from objections.
And perhaps no Legis alive body that
ever has or ever will assemble could
devise and execute law of apportion-
ment and representation that is ex-
actly equal aud perfectly fair in its OPP
erations. But there are exceptional
and extreme cases. And to take eX-
treme cases Is not the legitimate and
fair way to discuss the case 50 as TO de
velop its merits.
The real question is, are the inc
qualities and the justice of the present
system 50 glaring and so oppressive,
that the Governor would he justified
in running the people to the heavy
expense of an extra session of the
Legislature to remedy the present
wrongs aud evils? And this too, in
view of the fact, that but one short
twelve months will elapse before the
regular meeting of the Legislature
according to law? And in the face of
the " amendment to the Constitu-
ton, which provides for biennial ses-
sions, and which the Governor is
sworn to observe and protect, just rs
much ms any other part of that instrn-
ment? Divested of all ulterior pur-
poses or objects, that is honestly and
fairly the question presented for the
Governors decision. Or, in other
words, does the emergency" contem-
plated by the Constitution, in which
event alone he has the right or the
power to convene the Legislature in
extra sessiUll, now exist?
The first question TO he disposed of,
is the idea that has been advanced,
that the census having been taken
again, or new enumeration under
the constitu ional requirement, that
instrument requires the Legislature to
he convened In extra session, TO make
a new apportionment; and that this
matter cannot be deferred until the
regular session, twelve months hence.
Let us see if there is anything in
this constitutional argument. We
think a sufficient and conclusive an
swer to this, is simply To quote from
the Constitution the provisions govern
ing this question. See. 30. The
Legislature shall provide for the emu
meration of the whole number Of in
and of the qualified cleo
tors of the State, once every ten years;
and the first enumeration shall be
ordered at the first meeting of the
Legislature, under this Constitution.
"Sec. "a. The number of Represent
tatives shall, at the several periods of
making such enumeration, be appor-
toned among the several counties, or
districts, according TO the number of
qualified electors in each, and shall
not he less than one hundred, nor
more than one hundred and twenty.
See. 35. The number of Senators
shall, upon each enumeration made,
be apportioned according to the num-
Der of qualified electors in the several
and shall never be less than
one-fourth, nor more than one-third of
the whole number of representatives.
There is the law Oh the subject, and |
we defy any reasonable and reasoning
man, TO get out of any one, or all Of
ihese Sections, lease of emergency"
md Constitutional warrant, for con-
vening the Legislature in extra ses-
sion. There is certainly no direct
in these Sections to the
Governor TO so convene the Legisla-
lure. II is not there. II is not 50
nominated in the bond" Then, il
here is no direct command or plain
warrant for it, we are left 10 hunt for
/ reason or AN excuse for calling the
together, in the "emcr-
yency" of the case. Well, we have
lived under the present emergency"
or quite number of years, and we
nave never heard one word of COM
,laint until within the last few weeks.
We must confess we are like our hon
st, straightforward, sound and sensi-
lie Governor. We fail to see the
and would stake our
equation for knowing how the great
masses Of the honest handwriting tax
,ayers of the State feel on the subject, I
hat to day, ninety-nine out of every
hundred Of them will agree that the {
does not exist, and that
is far better 10 let the matter rest as
has for the last decade, than
lie the people with the .ssary '