The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-01-15
MEET IN MARCH.
The Legislature May Yet AS
Semble in This State.
1t Is Not Necessary for 1t to
Meet January IA.
A TIME BEFORE MAR. 12
Will Conform With the State
Constitution,
Which Requires Reapportion-
ment Before March 12.

If what the lawyer members of the
legislature who are in the city today say
is true, it is altogether likely that there
will yet be short session of the state
legislature before the middle of March.
The constitutional provision for an ap-
portionment of the state once in five
years in legislative districts does not
require that the legislature shall
meet on the second Tuesday
in January to perform that
service as is required for the regular BIZ
ennial sessions and if what these Iegisla-
tive lawyers say is good law there is yet
plenty of time for the legislature to
come together to fill the requirements of
the constitution.
The last apportionment bill passed the
legislature and became a law March 12,
1891, and if the requirements of the
constitution are fulfilled a new appor =
tionment bill must be passed before
March 12 of this year.
The lawyer mem bers of the house who
are in the city agree that as five mem
bers may order call Of the house, any
five mem bers, may between now and the
IL of March, the time the five years will
expire since the last apportionment was
made, order a call of the house and send
the Serg can't alarms cut after the alb
sentees. If the members refuse to come
in on such call the case may be taken
before the supreme court and a decision
obtained as to the legality of such pro-
ceeding.
Mr.. Otto Eckstein, one of the Repub-
lican members of the legislature from
Sedgwick county. who is recognized as
an able lawyer and is member of the
house Judiciary committee, said:
1.-The constitution makes a session of
the legislature this year mandatory, but
c M ffaT =
Tuesday in January, as must be done at
the regular biennial sessions.
"There is no question but that under
the constitution it is the duty OF the
members of the Legislature to come to-
get her of their own accord should Gov
ernor Morrill, fail or refuse 10 issue a
cali for u special session. OF course
coming together in that way without a
call the only work the legislature could
do would be to pass an apportionment
bill aud then adjourn. If Gov. NJ orrill
should issue call for d special
session thirty day session could be held
and any ordinary legislative business
might be transacted"
AIr. Eckstein says it is his opinion that
the proposition to have five members
order a call of the house to get the leg
islature together would be regular and
a5 Lieutenant Governor Troutman has
expressed the opinion that the legislature
can legally get together to pass an ap-
portionment bill without call from the
governor there would not likely be any
trouble in getting both branches of the
legislature together should such thing
be agreed upon by any considerable
number of mem bers of either house
1t is possible that within the next few
days n announcement of session of the
legislature will be made by not less than
five members of the house.
The legislature coming together in
this manner would not be able to
make an appropriation to pay its
bills, but Secretary of State Edwards
says he will see that representative hall
and the senate chamber are open for
business and will guarantee a supply of
lead pencils and paper for the member
10 draft the apportlOnment bill.
The next regular session of the legis-
lature would have to pay the expenses
of such a session.
he article of the constitution provid-
ing for the regular biennial sessions of
the Legislature reads as follows:
"AlI sessions of the legislature sh all be
held at the state capital, and beginning
with the session of eighteen hundred
and seventy y-seven all regular sessions
shall be held once in two years, com-
mencing on the second Tuesday of Jam
uary of each alternate year thereafter"
The article of the constitution provid-
ing for the Legislative apportionment
under which it is claimed the legislature
must now meet reads: "It shall be the
duty of the first Legislature to make an
apportlonment based upon the census
ordered by the last legislative assembly
of the territory; and new apportion-
ment shall be made in the year 1866 and
every i've years thereafter, based upon
the census of the preceding wear"