Savannah morning news. [volume] (Savannah) 1868-1887, 1882-12-01
Adjourned session.


Following the example OF It's lllustrlous
predecessors, the State Legislature, on
Monday last, adopted resolutions to adj
iourn on the Sth of December until the
first week in July, when an adjourned
session will be held for the transaction of
all work which will be left over at the
regular session. The reason given for
this is that important business is before
the body-such as redistricting the State,
prohibition, no-fence laws, etc.-which
will require much thought and discussion,
and that therefore not only will the con-
stltutional limit of forty days be too short
for proper elaboration on these matters,
but the winter climate of Atlanta is too
disagreeable and unhealthy for our solons
to subject their valuable lives to the risks
which a winter residence in the capital
will necessitate. Hence, summer ses-
sion is considered absolutely necessary
for the prosecution of the work required
at the hands of their Senators and Repre-
sentatives by the people of Georgia.
This same course has been taken by the
Legislature ever since the adoption Of the
present constitution, which provides for
biennial sessions of forty days each unless
prolonged by a two-thirds vote of both
houses. 1t would therefore seem that ex-
perience had amply demonstrated the fact
that our fundamental law is deficient in
this respect, and that it ought to be
changed to meet the requirements of the
case. This constant habit of the Legisla-
lures meeting on the first Wednesday in
November, continuing in session the al
lOtted forty days and then adjourning for an
indefinite summer session, certainly has the
appearance of evading the Constitution,
and holding annual sessions in defiance
of the expressed provision of that instru-
ment. This should not be. The organic
law of a State should be strictly construed
and strictly adhered to in all points,
otherwise the people and the Legislature
will soon become accustomed to regard the
Constitution as an instrument which can
be eyaded at any time and upon any plausi-
bic preteXt. This would be an exceedingly
dangerous condition of affairs, for then
the fundamental law of the State, which
should be the bulwark and defense upon
which the people should be able to rely
implicitly at all times for the protection of
their rights and liberties, would sink into
insignifcance and become of no value.
If fOrty-day biennial sessions are not
sufficient, and if the winter climate of
Atlanta is too unwholesome to justify our
legislatOrs-mOst of whom are heads Of
families, and whose lives are valuable to
those dependent on them, if not to the
State-in exposing their health to its
insidiOus attacks, then let a constitutional
amendment be adopted, providing for the
assembling of the Legislature during the
summer months, the session to continue
indefinitely until, all business is trans
acted. This would be far better than the
practice which has heretofore governed
and at present governs-the sessions of
that body.
Such a constitutional amendment should
also be adopted as a measure of prudence
and safety. There have frequently been
expressed grave doubts as to whether
these adjourned sessions are constitu-
tiOnal. The State Constitution declares
expressly in paragraph 8 of section ".
that ''no session of the General Assembly
shall continue longer than forty days
unless by a two-thirds vote of the whole
number of each house" That is all it
says on the subject Authority is given
for prolonged, but nowhere is any given
for an adjourned, session. If, then, there
is any doubt about the cOnstitutiOnality
of these adjourned sessions, that doubt
should be entirely removed, since if the
point made is tenable, all acts passed by
such adjourned sessions are, alb initiO, null
and void. Manifestly, no such mischief
should be permitted to threaten the laws
| of any commonwealth.
From every point of view, then, it will
be best for the constitutional provisions
| regarding the sessions of the Legislature
to be changed in accordance with what
experience has shown to be necessary.
| Whether we should have annual sessions,
summer sessions, prolonged sessions, in
/ definitely-cOntinued sessions or adj
| iourned sessions, let the matter be
| decided and let the needed au-
| thOrity therefor be incorporated in
| the Constitution. No matter what objec-
tions might be raised against any of these
! plans, there would certainly then be no
| mischievOus evasions of the Constitution,
| and no danger that our most important
laws might suddenly be set aside by the
| Supreme Court on the ground that they
were passed by a Legislature which had
no constitutional existence.