The Dawson journal., 1883-02-08
(Colnmunicated)
THE ADJOURNED SESSION
OF THE LEGISLATURE.
Is IT CONSTITUTIONAL?

MESsRs. EDIToBs:-I ask per-
mission to offer to the readers of
the JOURNAL some suggestions
and views concerning the subject
matter announced in the above
headlines. I have read recently
IN quite a lumber Of the newspa-
pers OF Georgia, editorials and
paragraphs intimating that the
adjourned session Of the Legisla-
tire next July will be in direct
violation OF our State Constitu-
ton, and that all laws enacted at
that session will be unconstitu-
tlonol Some Of these writers
have even gone 50 flr as to say
that the Legislature should be en-
joined from assembling, and that
the State Treasurer should refuse
to pay the expenses incident to
the ali urned session. This is a
matter OF transcendent Importance
not only to the whole people of
Georgia, but especially to the
members of the Legislature, be-
cause If the session be unconstitu-
tlonal, then every member who
takes part III the Legislative pro
ceedmss, IS guilty of the grave
crime OF violating his official oath,
by which he is required to swear
that he will support the Consti-
tuition of this State" Not only
IS this subject of paramount i'm
poftance to the members of the
present General Assembly, but it
also especially concerns the mem
bers OF the two preceding Legisla-
lures, both of which held long and
important SUNNI sessions. It is
Unnecessary, i'll this communion
ton, to speak Of the propriety, the
policy, or the expediency of hav-
ing the adjourned session. And
yet, IN passing, we might say that
II would seem that more work
could be done by the Legislature
during the long lays Of July than
during the short cold days of
December, when always a consid-
cradle number Of the members are
kept away from their posts Of du-
ty on account OF sickness produc-
ell by the uncomfortable apart
ments in which the sessions are
held Georgia is notalone in this
matter OF adjourned sessions. Our
sister state, Alabama, has a Con-
3tltutlon very similar to that of
Georgia; and III that state the ses-
sions are also biennial, and forty
days is the limit. In December
last, the Legislature of that state
being in session, adopted a reso-
luton taking a recess until the
24th Of January, at which date
they reassembled and are now in
session in Montgomery. The
pertinent question is suggested as
to whether a recess of a month or
three weeks would be less in viola
ton OF the Constitution than a re-
cess Of six months. It will be
seen from reading the journal of
the two Houses, that the present
Legislature, finding that the work
OF the session could not be finish
ed in forty days, adopted resolu-
ton prolonging the session for so
long time as the public interest
may demand This was done by
a vote of two thirds Of the men,
bers of both branches; and it be-
ing determined that a prolonga-
ton was necessary, it YVES then
decided to be for the best interest
o. the state to take a recess until
the month Of July next. The
right to prolong the session is ex-
pressly conferred upon the Legis-
lature by the plain terms Of our
State Constitution. See Article 3.
Sec. 4, paragraph g. The right to
take a recess for any length of
time may be exercised by the
adoption of a joint resolution:
See Article 3, Sec. 7, paragraph
"A. These two provisions in the
Constitution seem to be adequate
to authorize the holding of an adj
journed session Of the Legisla-
ture. The holding of the session
III July next will not be unprece-
dented. 1t will be borne in mind
that in the Summer OF 1879, the
Legislature met and continued in
.c CO: -, e. -. - II IN