Louisiana capitolian., 1881-11-19
THE EXTRA SESSION.
The Lawyers Say There is no cues
tiOn of tho Legality of Hold.
ing it in this City.


1t appears that the city members tt
the legislature are not sat all exercised
about the question as to the legality OF
holding the extra session in New Or
leans. The question was carefully con-
sidered by the governor previous to the
issuance of the proclamation, and he did
not Judge it to be serious one. Sever
al lawyers who were questioned about
the matter by Wmessreporter sald that
there was no clause in the constitution
or elsewhere prohibiting the holding of
the session at any place other than the
State capital. The only positive law on
the subject, said they, provided that the
regular session of 1852 must be held at
Baton Rouge.-N. O. Times.
One of the troubles that ''se veral
lawyers have to overcome lies in
the fact that the Constitution does
not say that the regular session OF
1882 shall be held at Baton Rouge,
as will be seen in Article q, bearing
on the subject, which says, instead:
Art. q. The General Assembly
shall meet at the seat of gooern ment
on the second Monday Of May, 1882,
at 12 o'clock noon, and biennially
thereafter"
Then, in Article -, regarding the
duties of the Governor, the Constitu-
tion says too:
Art. r. He shall take care that the
laws be faithfully executed, and he
may, on extraordinary occasions, con-
vene the General Assembly at the
seat of government, or, if that should
have become dangerous from an enc
mJ or from an epidemic, at a differ
ent place.
Then, in Article $50. which desig-
mates the seat of government, it is
said:
Art. $50. The seat Of government
! shall be and remain at the city OF
Baton Rouge.
We can't see, where these "several
lawyers can find the authority tor
asserting that when the Constitution
says that the session of May, 1882,
| shall be held at the seat Of government.
it means to designate Baton Rouge
and when it says that the extra ses-
sions shall be convened at the seat O
gorernment. it means to allow the
Governor to call it at his pleasure
| either at Baton Rouge, New Orleans
or for that matter, with as much pro
priety, anywhere else in the State.
Surely, that authority is not fount
in the only remaining Article bearing
Oh the subject, which permitted tn
General Assembly to be convened /,
the city Of Neu Orleans, on the secont
Monday in January ne.rt, 1880: whicl
is the only session the Constitution
saws shall be held elsewhere than q
the seat Of government. unless tina
} point should have become dangerou
} from an enemy or from an epidemic
J when it can be called at dtferen
} place. New Orleans not being men
toned in that case.)
3 Hence we assert, the "seyeral law
. yers" to the contrary notwithstanding
e that the General Assembly can a
! lawfully be convened at New Orlean
e in MAY, 1882, as the extra session
e Just called there by Gov. McEnery.
a Nowhere, even when it designate
New Orleans as the place where til
: session of January, 1850, shall b
e held. does the Constitution specif
: that the sessions, extra or regular
|
S shall be held IN the Capitol or an
t other particular building.
We cannot see any authority ID til
: Constitution giving to the Governo
d even the shadow of a right to hol
the extra session in New Orleans
S Monroe or anywhere else, save &
: the seat Of gore'mment--B Baton Rouge
e The great influence of the Execu
0 tive, backed by that Of the great me
S tropolis, may be sufficient to nullif
the mandates of the Constitution. o
l the flimsy pretext of expediency, bu
: this wrongful precedent will, as th