The Providence news. (Providence [R.I.]) 1891-1906, 1893-08-12

This morning the supreme court nlee
its answer to the questions asked by the
house of representatives and settles the
New port muddle In which the people are
80 greatly interested. 1t sustains the po-
ston taken by the Republicans and finds
that in proroguing the general assembly
after the fact of disagreement between
the two houses had been certified to
him the COVE nor acted within his con-
stitutional powers and duties. The
senate. also, was justified In
refusing to go into grand committee
when through the action OF the house
one town was deprived of its full repre-
sentation and the character OF the grand
committee changed.
Tie questions asked were as follows:
the Nav session TO pass resolution OF djourn :
mepr for longer period than two days. until after
has 5Snee msn see rssSsse having
made to the senate by the house OF representa-
genera ofcers at the preceding April eectionf
city q Y Proydenes Ss 10 the fourth tuesday Jana
airy follow ing should have been adopted py vss xns
ia grand committee at the annual May session, for
the OF eass ssun'oT fos seS general o
GERS The precedn,g, ns5 gsnenrai ny n. hsese ec
e fn a esvs such
sttute Disagreement" on the subject OF adJourn-
s 10 adjourn ' the ganera assembly under section O.
article vii. of the consttutiont .,...,..
3. Can the general asse mby at the May session
he adiourned by the governor under the power
conferred upon him by section article VII OF the
i'm grand committee for the purpose OF counting
and IarIng the votes cast for general officers AT
the preceding april e.ectionf
The Opinion.
The Hon. Franklin p. Oloen, Speaker of
the House of Representatives:
We have received from you a resolution
purporting to have been passed by the
house OF representatives, prcpoundiug
certain qu stions Of law, upon which we
are requested to give our opinion.
Before proceeding to specifically con-
slider said questions. we feel called upon
to say that from the character and tenor
thereof we must infer that prior to the
passage of the resolution submitting said
questions to US, the general assembly had
been proroguei by his excellency the gov
ernor.
Not Passed by the House.
This being so, and assuming. as we are
bound 10 do, that the said act of
the governor was legal. snid
resolution was not passed by
the house of representatives,
and we are not therefore called upon to
take notice of the same. See article 10
section 3 of the constitution. The grav-
ity OF the situation. however, in which
both the legislative and executive
branches OF our state government
are at present placed. of which
we cannot fail TO take notice,
and the Importance of the principles and
rights involved are sufficient warrant,
we think, for us to assume the right and
duty Of replying TO said questions.
Power OF Adjournment.
In doing so we have the honor to say
that under the provisions of section o. ar
ticle 4, of the constitution. neither
house has the power without the consent
OF the other, to adjourn for
more than two days, nor to
any other place than that in
which they may be sitting. A con-
dition of things can be imagined, how
ever, which would warrant an adj
iournment in the circumstances
stated in the questions. For example,
suppose the house of representatives
should unseat or expel thirty-fivc men,
bers leaving only bare quorum, and
several towns unrepresented. The con-
stitution clearly implies that the repre-
sentation of all the towns shall
be complete, even though all
the members-elect may not attend
the session. This impl ication Is found
In the fact that members of the preced.
ing body may hold their seats until
their successors are qualified to act;
and in the further provision OF art. s, sec,
Z, that whore failure to elect a quorum
is produced by rejecting the entire vote
of any town. city or ward, a new election
shall be ordered.
Entitled to Representation.
The idea is plain that each town shall
be entitled to its full representation and
vote, both in an election by the people,
or In case Of failure by the assembly II,
therefore, either house should by its own
action, deprive towns of representa-
tion to the extent supposed,
we do not think IL could be
claimed that the other house Is bound TO
90 into grand committee with a house 40
constituted, The supposed case is an ex :
treme one. but IL illustrates the principle
that each town Is entitled to the full rep
resentation, which ths constitution con-
templates, and this principle is equally
violated, though not TO the same extent,
II one town Is illegally deprived OF It's
full representation. In such cages the
assembly may properly adjourn until the
vacancies eau be filed.
Other Causes for Adjournment.