The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-01

W1Jut0 III DCOUUs ~OAO0 0o0
amply secured"
Continuing his 1 1nr Mr.. Bos-
worth declares that pr to review
these exercises OF pc governor.
10 TO determine that the execu-
tive. II the court lge It RESPONSE :
bility, they become executive
as well as the chief partmont |;
q contingency caref ~ R lei against
In the federal, as we y In state
constitution.
Not . Member the stature.
1t Is pointed out that the governor is
not member of either house of the gen
eral assembly. True. he presides In the
senate. but he performs that duty not as
= senatorvbut by virtue Of his Office Of
governor.
The legislative power Is vested In the
two houses. Assuming IL TO be their
duty TO join In grand committee to count
votes and to elect general officers, the
governor cannot compel them 20 per-
ment. within the scope OF It's power and
duties. Is supreme. The executive eau
not coerce the legislature. Assuming
hat the two houses wilfully disregard
the constitution, the governor is power
less. Supposing the two houses, for
reasons satisfactory to themselves. re-
Iuse TO 60 into grand COMMITTEES TO couat
Votes or to elect general officers, has
the governor, upon proper certifi-
cate. no power To adjourn them
Does the refusal OF the two houses TO
obey the constitution, deprive the ex-
ecutive OF his constitutional prerogativef
Cltarly not. The certificate OF disagree
ment, from either house, is simply evil
dence that the house from which it
comes desires to adjourn and taat the
other does not.
The contingency has then arrived.
whether before or after the general
assembly has performed its duty, antici-
pated by the trainers of the constitution :,
when the power YES In the governor to
adjourn the two houses so oonstitu ed
AMI SO related to each other as to be in
capable OF transactlng tue public busi-
ness.
suppositious Case.
Mr.. Bosworth then states SUPPOSE
tious case based upoa the occurrences at
Newport, and. continuing says the gov.
ernor Is not responsible for this condition
OF things. The senate refuses, for rea.
sons satisfactory to itself, TO recognize
the house Of representatives. and will
not enter into grand committee with 1
it would be difficult to explain how re,
fusing TO adjourn the two houses would
subserve any public interest.
The only good result Of the continuing
In session of general assembly thus
constituted would bs to assist in the
uistributioh OF wealth, by relieving the
general treasury OF the money necessary
to compensate the members for useless
wrangling.
:, The people. through the consti tution
have said that the governor, upon proner
certihcate. shall be the sole Judge OF the
emergency. Many extreme cases can he
supposed when woul justify the exercise
a
adJodrning the two nous IS, previous to
the counting OF the votes cast for neral
oincers There can be no occasio a: how
ever. under Constitutional government.
which more strongly calls for the exer-
else OF this power. than a Deliberate dis
r gard, Dy either house, Of the constitu-
tion'-a sregard SO apparent that the
other house refuses to transact any hubble
business. When this CO ldition exists. a
contlpuance in session Of the two houses
is worse tnan useless, and it becomes.
not only right, but the duty of the ex ecu.
tivs, upon proper certificate, to adjourn
ne Some Pertinent Question.
Suppose before counting the votes at
the May session, both houses should con
cur in vote to adjourn. Unauestiona
bly,, this might be done Could the jud l.
cial department in any way prevent 1t,
or. once adjourned, bring them together
again?
Omit that an adjournment may be
made for any one cause Lefore connt ing
the votes, hen it may be made for any
number of causes, in the manner pre-.
sc ibed in the constitution.
Assume that some power, the supreme
court for instance, could reconvene the
assembly; that the house then invites
the senate to join in grand COMMITTEES,
and that the senate refuses to vote 10 ac-
cept or decline the invitation. Could the
court by any process make the senate
vote; could the court compel the attend
ance of u quorum, SO that they might
vote; could they determine which way
the senate should vote and could they
make the senate vote to accept the invi-
tation?
Supposing the executive discretion
might be reviewed by the Legislature,
review Supposing an appeal lies then
to the supreme court, the cours might do
wrong upon appeal. Wnere then
can the seeker OF justice goi Where he
should go in the first instance-to he
people. The remedy for official wrong In
people In the constitution,
The idea that the court Is supreme
and that it may be applied to in al, cases.
is an erroneous one, entertained by
many without a thought that, il recoR-
nizsd. it would unite all power in the
court. and thus destroy every vestige of
our present form of government.
The opinion is ventured that, although
some courts have held that the judicial
department may compel the executive to
perform purely ministerial acts, there
can be no case found where any court
has attempted to interfere with or review
the exercise of an executive discretion.
Mr.. Bosworth then contends that hav-
ing shown that the act OF the governor in
adjourniDg the assembly was legal and
proper, and that the house having been
adjourned prev. Gus to the time the reso-
lu,ion requesting its opinion was pass-d,
it Is not within tue province of the court
to answer the questions put to 1t.
Democratic Questions Answered.
He then proceeds to answer the ques-
tions asked by the Democrats. In reply
ing to the first, he relates the circum-
stances of the uDseating of Landers and
Hoxsey, which he shows was an unwar-
rented abu-e Of power aud against the
letter aud spirit of the constitution.
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