Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1889-03-16

there would be no meridian to the
legislative day. They met at II
o'clock m. Its noon would be mid
night. The law takes no note of
fractions of day. Congress had said
how long the session should continue,
and IT WAS NOT COMPETENT for the
Territorial Legislature TO rRoLoNG
THE TIME. This Act of Congress is
in the following words, and has all the
force of a constitutional provision:
United States Revised States, section
1852. says-'The sessions of the Leg
islative Assemblies of the several
Territories shall be limited to 60
days DURATION The act of the Leg
islature fixing the hour recognizes the
second Monday Of December as the
first day of the session. The section
Of Revised Statutes of Idaho is as fol.
lows: Section 122.-AT IL O'clock,
NJ, ON THE DAY appointed for the
meeting Of any regular session of the
Legislature, the presiding officer, or
in his absence, the Chief Clerk, of
each house of the last session, must
call the same to order, and preside
until the presiding officer is chosen,
or in case of the absence of both of
those officers, the senior member
present must perform said duties, all
members elect present, having GER
tifcates OF election from the Clerk Of
the Board of County Commissioners
of their respective counties, and no
other person has the right to partici-
pate in the organization of the re-
spective houses. Neither house must
organize or transact business, but
must adjourn from day to day. until
a majority of all the members author
lied by law to be elected are present.
ut does not pretend to extend the
time fixed by Congress, but merely
fixes the hour of meeting, and de.
clares it shall meet at noon of that
duy. There is nothing whatever in
the statutes, or either of them, or in
the construction given them by eithe,
branch of the Legislature, in the
numbering of the days of-the session
to justify this extraordinary claim
Both bodies counted in their journal.
the 10th day of December as one day
of the session, and numbered from it
Even the bodies which met as Is al
legged, on the Sth day of February
admit the hollowness of this pretense
by claiming its acts to have been don,
on the 9TH day of February, instead
of the day on which it is admitted
they were in fact done. THEY them
selves seek to TAKE SHELTER UNDEl
FALSE DATE. Were there anything
in this claim, no reason is apparen
why acts done before noon of tn
n 9Th should be antedated a day, t
6 bring them within the law.
S sit was clearly the duty of tn
S presiding officers of both houses t.
. obey the law, and when the consti
: tutional time had expired to declar
e the session ended. Such action
s abundantly sustained, by both au
e thority and precedent. In this cas-
e the acts of both presiding officer
e WERE ACCEDED TO BY BOTH HOUSES
e What occurred in the House also OF
: CURED in the Council. When tn
5, minutes Of the last day had bee
# read and formally approved, in ii
J. House, by the members in session
y. and the Clerk publicly announce
E that there was no more busine.
NJ before the House and the Speaks
IS at l o'clock in the forenoon of the 81
g of February declared to the listenin
IS House that the hour fixed by Congre
d for adjournment had arrived, All
n passed, and that in view of such fa
lie he, as presiding officer, declared tn
d session ended, and there was no o.
al lection or appeal from his decisio
,e that session was ended. Three thing
IS concur to give force and effect to Il
e. solemnity of the act: First-the e
,e piration of the time fixed by CO.
n. gress; second-the official action
,e the presiding officer; third-THE A
10 SENT AND CONCURRENCE OF tt
If ENTIRE BODY. Whether under SUI