New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-28

The Constitution Of tennessee $50, provaes aers
H. section H. An enumeration cpresentatives In the
General Assembly, shall be maui ~ Of ten years.
~ mini e.T rs mn NJ representatives shall az
the several periods of maaing such cn ~ se6l
apporoned etc" The Constitution OF IeH rhe WHO'S
provided AZ Article Ill section 2s that Inc MhVi
number representatives shall NJ tne by The lcgs
Of making such 10 The senators the same
constitution provided at section ~ e session after
the several peGods OF making the enumero nj as
by the Legislature, etc. But the cnn % that The
IrpSatrn sha NJ lis trs session after the puphcd
ton OF each United states census ie"PP
senators ho ana Of ali the other states fo2w
the language OF the C0nsttu.l nrs ous75c Art TX
ec II sha be the duty OF the General Assem6y
at its first session after the TAXING oi , saws
Gss t ,p mage s sec o The Assembly
shall at the hrst session after the re,"r cal
ornia saws s4sJ, Art v, - The number r Of
and Members of Assembly s tn az cnnmera
fioEs' etc t Colorado says 1870, Art V, Sec 40
al the session next iollPyns S"eh The General
Assembly shall apportlon the state every ten years
beginning with the 1871 by dividing the rd pSpal
census by the number 81, ETC." Indiana says heou'
Art ~ sec The number OF Ssx following eacn
period OF making such enumeration be nxed Dy a NV
etc' Iowa says $3.50 Art III sec; a. St sn ,nS
Enumeration r etc. Kentucky says $3.50 Arr: IL,
sec. g. THE number OF representatives sh.'l, a, nU
several sessions of the General Assembly next after
the making Of the enumeIaiions,' ETC. Louisiana sia
i770, as amended in 1870 sec 10, From and after
tho period when the next census" etc. But rs
amended in 1851, 1t says, Art. ILL., Sec B. The n,
at Its first season eo r afsE .he Msssa
chusetts Q7so, as amended 1850, Art. XXI, which
shall be appOrQned by the legislature at Its mrs,
Michigan 1850, amended in 1870, Sec. 4,
The hs session A after Sec each thsr first
session after each enumeration made etc. MIS-
souri, us75 Sec T. such apportionment to be m ,
each such census" Nebraska $50. At Its regular
An app ne OF membcr OF the General Assem-
bly, shall BE- made by the legislature at its first session
after the next and every subsequent
OF this State for members OF the General Assembly
shall be made ten years after the year 1871
Sec. g. THE number Of senators and Rcpresen
shall, at the session next following an enumeration,
etc. South Carolina u8Gsl. Art II, sec a. /" AZ :
the session Immediately succeeding every enumeration
Virginia us3o, Art. III, Sec =, 1t shall be the duty
10 wit. in the year 1871, and every ten years there
after ga7o ART. Y, Sec. 4, as amended 1879 a
every tenth year thereafter Wisconsin $3.50.
Art ". Sec. g. AT their first session after such
enumeration
MEANING OF THE WORD SESSION.
The New-York Constitution Of 1777, as amended
in 1901, provided, Article II. "that the Legislature
at their next session, shall apporton 100 members
cording the census be taken in the then present
year. Article " then said land that upon the TO-
OF every such census, the Legislature shall APP
portion" etc. The Constitution Of 1921 employed the
language which has been 80 largely copied By the
other States. Article I. section Is, said that the
scnae districts should be altered at the first session
after of every enumeration and that the
Assembly districts shall DO made by tic Legislature
lat its first session after the return Of every enurner
ton" This language has remained unchanged TO the
The entire period By The life of one Legis
lnture, to Wit, one calendar year Article \, o-lion
q, Of the Constitution provides that the political
year and legislative term shall begin on the first day
Of January Article III, section = provides that
neither House shall, without the consent OF me
other adjourn for than two days unless both
Houses concur, therefore the Leg 'latar: would wt
out such concurrent vote, remain actively ia SESSION
during the entire calendar year.
To provide for contingencies demanding that the
Legislature should resume It's session after such an
sc:ton a. that the Governor Stall have power TO
The same section provides however that the GOV
crnor shall ccmmunlrlt, by message 10 the Legs,
recommend such matters 70 them as he shall judge
eNprdient" The Governor does at the beginning OF
tnn setting forth therein the condition Of the state
and making such recommendations as ne please. Du,
review Of the condition Of the state, by way OF
message, to any OF the extraordinary or special
II the special session held in the year 1892 was
the next session Of the legislature contemplated BY
failed TO obey the mandate Of the Constitution set
forth in Article ~. That every next session means
shown by the OF thee words In section 81 Nruele
Nil providing may IN i1G ana eaoh l~cm1.d ys ~
calling a Constitutional Convention, and that IN case
the vote he IN favor of the convention the Legs
atur at It's session shall provide by law for the
II the Governor In IsO6. shalt please TO call a
specin session Of the Legislature for the first day Of
December he could n that held 10 be tho next
session. after the one beginning in January Of that
wear prevent the election OF any delegate 10 a
Const itutiOnal Convention. for Art ~, sec. .,
Of the Constitution also provides that " az eN
subject shall be acted upon,
except such Il, the Governor may recommend for con
10 the holding Of Constitutional Convention and
sought 10 defeat the will OF the people IN voting ior
session of the Legislature In December. ncommend
for It's consideration some subject other tan Tue
10 whether the Legislature. convened In January fol
lowing would have any power or authority IN the
II the Governor had not wished that the Legs
ture In special session should reapporon the rtntc,
he had only omit from his recommendations to that
body any reference TO this subject article III OF the
Constitution at sections and > Is not In hoSuhiy
" limting the powers OF the legislature when con-
vened by the Governor. not intended 10 give the
Governor power TO nlllfy the mandates ot sections
suld districts all be altered by the Legislature at
tion and when section . of The article says.
Legislature mt It's first session after The return OF
every enumeration shan appofioh lhe mehh3ers oi
Assembly, "a command laid upon the legisa-
tnrc and no will argue That the frnmeS OF the
Constitution intended TO give the Governor power to
by comforting upon him power 10 convene ektraor-
binary sr-slo and fOrbddug the legislature 10 con
slider on such C-"nsons any other subject lnn such
| a. II pleases the rppr L. hive them consider.
N; only does bins construe itself.
| hut Tho couris give fl the I'D. Atrttlon. The
Court OF Appeals said, by Igdgc Demo in the cas- Of
tanning vs. Carpenter. 20 New York. 453. 4j4 The
All 10 rr >chuN Ter County passed the last wear
OF the d.ccnnnl term. Regularly the census would
be tnkcm I'm the Of the ensuing year. apd the
rciurn would ho mad" ~ the Legislature at the Sos
Sion commencing on the rSt Monday OF January, 1886
laws of 1913. chapter iiol. Until that session
| bald hero up A.
+" make any change In the Assembly senate or in
dIrlnl districts This language j. Important, because
the same Judge says. at page 44o that ~ majority
M the iudges have To the conclusion that II will
be impo- sbc 10 decide this appeal without det"rnn
Ing the question OF III" constitutional validity OF me
yenr 1874 Tie discussion. therefore, Of Iud,.