The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-11
HERALD Calendar for May.
THE FIRsr STATE ASSEMBLY.

In providing for the times at which
the Legislative Assembly of the new
state shall convene. an exception is
made in the constitution, of the first
session of the Assembly in this way:
Sec. 9 Regular sessions of the Leg
iSlature shall be held biennially at the
seat of government: and, except the
first session thereof shall begin on the
second Monday in January next after
the election of members of the House
of Representatives.
The supposition is that either the con-
vention intended to make special pro-
vision for the time when the first ses-
sion of the Legislature should be held
and then forgot to do so, or it was
considered that sufficient provision was
made for it in the enabling act, which
says:
In case the Constitution of said
State shall be ratified by the people,
but not otherwise, the Legislature
thereof may assemble, organize and
elect two Senators Of the United States
IN the maner now prescribed by the
laws Of the United States
This does not fix any date when the
Legislature shall assemble. But it
further provides:
When such State is admitted into the
Union, as provided in this act
the State government formed in Bur
Suance OF said constitution as provided
by the constitutional convention, shall
proceed to exercise all the functions
OF State officers"
Therefore, the Governor, elected at
the same time that members of the
Legislature are elected, can proceed to
perform the duties of his office, one of
which is this, as provided in section
of the article of the Constitution on the
Executive:
''On extraordinary occasions, the
Governor may convene the Legislature
by proclamation, in which shall be
stated the purpose for which the Leg
islature IS to be convened, and it shall
transact no legislative business except
that for which 1t was especially con-
Fened, or such other legislative bust
ness as The Governor may call to its
attention while in session.
The Legislature. having been elected
by the people, may be called by the
Governor at such date as he may de4
clare, and may perform the duties re-
quired by the enabling act as cited
above. If it be contended that under
that act the Legislature could then
only elect two Senators of the United
States, aud that though organized and
entitled TO exercise the powers vested
in that body by the state Constitu-
ton, it could go no further in that
special session, the Governor could, in
his call fixing the date for the extra
ordinary session. also state as a
further purpose of that session the
determination by the Legislature of the
date when the first regular session
shall commence. 1t could be fixed as
soon after the close of the session for
the election of United States Senators
as might be deemed expedient-the
next day if necessary.
This we believe will dispose Of the
difficulty which seems to be in the way.
and answer the question, How shall
the date OF the first session Of the
State Legislature be fixed seeing that
there is no direct provision for it in the
Constitution or the enabling act?"
If It IS objected that the Governor
could not by proclamation state as one
of the purposes of the extraordinarvl
session the fixing of the date for the
regular session, then he could call the
attention of the Legislature to THAI
matter while in extraordinary session
and the Legislature would have an
thority to transact that business.
We have no doubt that the Presf- !
dent will proceed at once to issue his
proclamation as soon as the result of
the election is made known to him Of /
Aciaily That would render unneces-
sary voluntary assembling of the
Legislature to elect United States
Senators, and when called by the pro-
clamation of the Governor, the state
being admitted into the Union, the
Legislature as well as all other state
Officers would be invested with full !
powers to exercise ali the functions
pertaining to their offices. It viii work
out all right in good time.