Kansas City daily journal., 1896-01-17
WANTS A SPECIAL SESSION.
oTTo ECKsrrIS PROPOSES TO FORCE
THE HOLDING or ONE.
Five Members to Meet at Topeka and
Issue call ot the Housc." which
VIII Compel tho Attendance
OF Quorum.

Topeka, kas., Jan. 6-tsrecial) n Rep
resentative otto Esksteiu. Of Wichita. can
have his way about IT, o special session OF
the legislature will yet be held this winter
He proposes to secure the attendance OF
five members Of the house at Topeka at
some date TO be decided upon and have
them issue "a "call OF the house." which
Will compel the serccaut-at-arns to pro-
dure a majority OF the members upon the
floor OF the chamber. In the course OF an
snt"rview Mr.. Eckstciu says of his project
II contend, ana many other lawyers. In
cluding Lieutenant Governor Troutman,
are with me. that Il Is not necessary FOR
the governor TO issue a call. The members
of the two houses have only TO get togeth-
err within q reasonable time before the
November election ana PASS an apportion-
mont act
such a session for such purpose would
be constitutional and Its apportionment
act and its appropriation to pay iho eN-
pcuscS Of the session would be sustained
by the supreme court But beyond that u
could not go IL could enact MO other lcg-
islation which wonll BE- constitutional.
Any other legislation would ueCcssitate a
dent. Section = limits the work to the
quinquennal app0riioument and the lecis-
laturc. being the creature of the cousti-
tuition, cannot overstep its prescribed du-
tics Should the governor issue q call he
could not limit their work. The legisla-
turc could go on and make or unmakc
remedy would be iu tho exercise OF the
executive preroG1ttVe o. a veto. some poN-
ticiaus contend that because the second
Tuesday Of January has passed. tho oppor-
tuuity Tor a special session under section
has passed. That IS nonsense. Section
stands alone and speaks for itself. Tho
phrase. every five years Is the command.
No day for the meeting Is fixed Five
members Of either branch Of the legs-
laturc may demand u call Of the house
at any time before the November election
and tho sergcant-at-arms, could proceed
under that authority to bring IN the mem
bers Some OF my friends constrlie the
phrase every Rye Years more strictly than
] DO. Well. let us put a strict construction
on it, The last appuruonment Rct WIS
approved March r. 1891. Taking that date
as the limit Of our time. We have ample
time to meet and pass an act
Attorney General Dawes persists IN MS
opinion that a legal session OF the legis,
laturc cannot get together without "A call
from the governor.
'There are two kinds Of the sessions Of
tho LEGISLATURE says he, regular ana
special By an amendment adopted BY the
pcoplc regular sessions are required by the
constitution to be held In the odd nunbered
years or course section says there shall
If that section means anything 1t means
regular session. and an amendment
adopted by the people since the adoption
of section says regular sessions shalt
bc held only in the odd numbered years.
No, sir: there can be no regular session
timo Without n call by the governor"
Lieutenant Governor Troutman says nc
has been misquotcd by Mr.. Ecksteln. MI
he has ever said along this line Is thht
IL the constitution Is TO be REGARDED as
mandatory in respect to the time or np-
portioning the state, no call IRON th", gov
srnor would be necessary TO get the l'klS-
Iattre legally together: but he has ncith-
ar expressed the opinion that II was man
datory. nor that II would b. advisahle. Inc
irIsm To make upon Governor MorruIs re-
fusal to call the legislature tosether.