The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-09
WHEN THE ASSEMBLY MAY MEET.

The question as to when the first leg
islature of the new state will meet is
of some Importance, as the election of
United States Senators devolves upon
that body, and it is desirable that those
officers shall enter upon their duties as
soon as possible.
The time fixed in the state con-
stitution for the assembling of the reg
ular sessions Of the legislature is on
the second Monday in January next af-
ter the election of the members. Ex-
ception is made as to the first session.
The reason for that is that the first
necessary, SO that the United States
Senators may be elected as early as
! convenient, and Utah be fully repre-
scented at the seat of national govern
ment. The time for the meeting of the
first session of the legislature is not
fixed in the constitution. But the en-
aiding act provides that:
I'm case the constitution Of said state
shall be ratified by the people, but not
! otherwise, the legislature thereof may
assemble, organize and elect two SEN
ators Of the United States in the man
ner now prescribed by the laws of the
United States; and the Governor and
Secretary OF State of the proposed state
shall certify the election thereof of
Senators and Representative in the
manner required by law; and when
such state is admitted into the Union
as provided in this act, the Senators
and Representative shall be entitled
to seats in Congress-
This clearly gives power to the legis-
lature just elected to meet at such time
as may be deemed to be for the best
interest of the proposed state. The
Governor-elect, although not entitled
to the full powers of his position until
the state is admitted into the Union
by proclamation of the President, may
act in relation to the Legislature as
though he was duly installed in the
Executive chair. He is required to GER
tify to the election of United States
Senators and Representative, just as
though he was Governor to all intents
and purposes.
We take it, therefore, that the Gov
ernor and Secretary who have been
elected can, as soon as the Official
count is completed and the Utah Com
mission declare the result as to their
election, proceed to take the oath pro-
vided in the state constitution before
a competent court, and convene the
state legislature by proclamation, as
provided for extraordinary occasions"
IN section six of article seven of the
state constitution.
Of course the whole procedure will
be conditional on the admission of the
state. If from any cause that should
not take place, the entire proceedings
would be null and void. But if the
state is admitted they will all be con-
f1rmed and validated and be of full
force and effect.
We seen no other way to convene
the first legislature, because the pro-
vision Of the constitution fixing the
date for the regular sessions excludes
the first session from that provis-
ion, and leaves the time open and I'M
named. Since the first session cannot
meet on that date, but may assemble
as soon as it is officially announced
that the constitution has been adopted
by the people of Utah, it seems clear
that under the special provisions of the
enabling act as to that session, the
Governor-elect can take the official
oath, convene the legislature in special
session, and that body can arrange
for its regular session to meet when
the proclamation has been issued and
Utah is to all intents and purposes a
sovereign state in our glorious Union.