The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-03
JUDGE HORTON Is .AGIN" II.
He Doesn't SEQ Any Need of Special SEES.
sion Of tie Legislature.

| LUZ all.
JUDGE HORTON Is .AGIN" IT.
He Doesn't SEQ Any Need Of . Special Ses-
sion Of tie Legislature.
Topeka, Kan. Sep. 2.-The attempt
| to convince Governor Morrill, that IL
is his constitutional duty to call spe-
cial session OF the legislature for the
purpose of reapportionirS the state in
| TO legislative districts is not progress
ing with that usual and spectacular
! rapidity which the friends of the cause
would like to welcome. Indeed, as the
| governor receives contributions Of opin-
! ion upon the project from people whose
| opinions ne values, there is a distinct
and steadily growing discoloration be-
meath its left optic which seems TO
| premonish a very black eye.
| The latest distinguished Kansan to
| enter the discussion of the special Ques-
| ton is Hon. A. II. Horton, ex-chief
! justice OF the Kansas supreme court.
To a reporter yesterday he expressed
some vigorous opinions upon the sub
| ject-
Il am convinced that there is nothing
in the constitution of Kansas. said the
| ex-chief justice, which can be inter-
preted as mandatory upon the govern
or TO call a special session of the legis-
! lature, and there is no consequence of
| his failure 10 do so which can in any
way menace the we'll being OF Kansas
| or render unconstitutional any laws
| which might be passed by subsequent
| legislatures in the absence Of an appor-
| tionment in the year 1896. Originally
| the constitution of Kansas provided
| for annual sessions of the legislature
and the section which regulated the APP
portionment reads as follows:
| he ha
| islature to make an apportionment bas-
| ed upon the census ordered by the last
Legislative assembly Of the territory
| and d new apportionment shall be
made in the year 1855 and every five
years thereafter based upon the CEN
sus of the preceding year.
In 1875 the people of Kansas adopted
an amendment TO the constitution
which reads as follows:
"'All sessions of the legislature shall
be held at the state capital and begin
ming with the session of 1877 all regu-
lar sessions shall be held once in two
years, commencing on the second Tues
day of January OF each alternate year
thereafter
Nowhere else in our constitution is
there any provision bearing either up
on the time of holding sessions or the
manner and time OF making the legis-
lative apportionment. SO long as the
annual sessions were held in Kansas
the constitution was consistent with
itself and the apportionment could
readily be made at the end of each
five year period. II is plain to me that
the latest constitutional utterance from
the people limited the regular sessions
to once in two years, and that plain
provision will outhold any seeming pro-
vision for an odd session once every
ten years which grows out OF an over
sight and an Inconsistency between
two old sections which the people clear
ly intended TO amend"
you have observed, judge" inter
jected the reporter, shat number of
members of the legisls ture have said
that the legislature could come to-
gether without call from the governor
and that such action would be taken
in event Governor Morrill, failed to is
sue the call
Yes. / have been somewhat interest
ed in these statements, and have spent
cOnsidera BILE time wondering where the
gentlemen who uttered them found
a warrant in the constitution for any
such proceeding. The constitution
says, in defining the duties OF the gov
ernor:
He may on extraordinary occasion
convene the legislature by proclama-
ton, and shall, at the commencement
of every session. communicate in writ
ing such information as he may possess
in reference TO the condition of the
state, and recommend such measures
as he may deem eXpedient.
There you have all the law in the
case. The constitution says that regu-
lar sessions shall be held once in two
years, and then says. as plainly as pos
sible, that any other sessions must be
called by the governor. You cannot
suspend or set aside those two sections
simply because another section appear
TO be inconsistent with one Of them.
There is but one way the Legislature
can get legally into session in the year
1896, and that is by the call of the
governor. The legislature has no more
right to meet then without call from
the governor than IL would have TO
meet tomorrow"
"Supposing the legislature does not
meet in 1896 and reapportion the state"
queried the reporter; would laws sub
'sequently passed be strictly co1stitu-
tional?"
They most certainly would be. II is
preposterous to suppose that any COURT
would declare such laws unconsAtu-
tionaL Apportionment of the state Is
in no ways vital. Supposing," said the
that the governor should issue his call
and the legislature should meet next
winter. and the Populist house and the
Republican senate should then get into
a deadlock over an apportionment bill
and pass none at all. do you suppose
that all acts they did pass would be de-
clared unconstitutional? Not BIT Of
It,
"Por myself, / am convinced that q
session Of the legislature next winter
is not only unnecessary under the law
but that II would be also an improyi-
dent and almost wicked waste OF mon
ey. There is no clamoring necessity for
changes in the Kansas laws which
would warrant a special session OF the
legislature ! am told that il would
cost at least SO, 900 % hold the session
without taking into account appropria-
lions which would almost surely be
made. Why any number of Kansas peO-
pie. outside Of some Of the Popullst pol
iticians who desire 70 harass the adj
Tninistration, can be found 10 advocate
special session y a mystery 70 ne.
have YET e. hear one good, substantial
argument why this special session
should be held. and ] sincerely trust
that L VIII not be. accomplished
-
Was Once Ohios Governor.
Dayton. o. Sept. News has been
received here Of the death az kuitawa,