The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-12-01
Legislature Will Meet on Wed
pesday, January d.
RETURNS TO BE OPENED 18TH.
The Newly-Elecged officers May be
Installed Any Day After That Date
Opinions of Judge Avery and
Secretary Cooke.

tory Because OF this there has been
much speculation as to the exact
date on which the inauguration
would this year be held.
have therefore. made investigation in re-
card "a the matter and find that the new
iy-olocted State officers win be inaugural
ed ON some day, after January l2th' 10
he specified by the next Legislature.
The T legislature meets on "Wednesday,
january 9Th. On the Tuesday following
ar January 18th, at noon, in accordance
with section 81 of the election law the
Sneaker Of the House is required TO open
and publish the returns. After tlat tue
rubbish the returns. After that the
;oougnration may be held at any time
that convenience may dictate, though the
Legislature, by an act passed III 1890,
fixed the third Wednesday after the nfst
Monday in January as the time. inns
will this year be the Doth But on ac-
coupt of the conflict in the organic law
in reference to the Inauguration, TINS
date is not bound to be regarded.
Speaking of the contradictory proFl-
sions of the constitution touching TINS
matter. Justice Avery, of the Supreme
court, who was a member OF the constr
tutional convention of 1879, SAID;
JUDGE AyERY'S VIEWS OF 1T,
ut is proyided in section ] of Article
III. that their term of Office shall com
mence on the first day of January next
after their election and continue until
their successors are elected and quail
fed The time fixed for the assembling
of the General Assembly by section Z,
Article III of the constitution, is ON the
first Wednesday after the first Monday
in January next after their election.
And yet the returns for officers OF the
executive department are required Dy
section 3. Article III. to be sealed mp and
transmitted to the seat Of government
directed to the Speaker of the House of
REPRESENTATIVES, The same section pro-
yides that the Speaker of the House shall
open and publish these returns in the
presence of members of both Houses or
the General Assembly, and gives to the
two bodies the power by joint debate to
determine contested elections and to
choose between two candidates for exc
cutive offices receiving an equal number
Of votes. 1t will be seen at a glance that
ii is impossible to literally enforce all
these provisions. There can be no
Speaker of the House OF Representatives
until after that body assemblies on we'd
nesday after the first Monday In Janu-
airy, and it is impossible for the two
Houses to come to a vote and declare the
result until after both are duly organized.
The executive officers, therefore, cannot
be indicted into Office on the first Of
January after their election in strict COM
pliance with the letter Of the organic
law.
s.It has been the custom. therefore, for
the two Houses, after organizing, to
agree upon an early day for counting the
vote and. after the count is made, to fix
a day for the Inauguration, allowing suf-
fieient time for the legislative committee
appointed by the two Houses to make
the necessary preparation. 1t is moth
ing but right that considerable time be
taken for this as the offices are the high
est in the State. and the ceremonies
should be in accordance with the dignity
of the offices"
SECRETARY COOKIES OPINION.
Secretary Of State Cooke was asked
his opinion in regard to the matter. lie
agreed with the view expressed by Judge
Avery and wrote out the following adj
ditional statement:
1.-THE inconsistency between the section
of the constitution which declares that
the term of office for State officers shall
commence on the first day of January
next after the election, and that section
which provides that the official counting
of the votes and the determining the re-
suit Of the election shall be by the two
houses Of the General Assembly in joint
session when the General Assembly can
not convene before the first Wednesday
after the first Monday in January arose in
this way:
In the constitution of 1868, it
was provided that the General Assem-
bly should meet on the third Monday in
November. This was changed to the
first Wednesday after the first Monday
in January by an amendment by the
convention Of 1875, but which did not
effect any legislature until the one of
1879. But the provision as to the
counting Of the votes by the two houses
of the General Assembly was allowed
to remain. So that the agent or power to
ascertain and declare the result Of the
election, as well as the method OF pro-
cedure to be observed is fixed by the con-
stitution and cannot be changed by
legislative action. The exact date
for counting the votes is not fixed by the
constitution, but it certainly cannot be
houses of the General Assembly The
General Assembly allowing time for the
organization of the two houses-which
can not assemble before the first We'd
nesday after the first Monday in January;
provided that the counting Of the votes
for State officers should occur on the
first Tuesday after the assembling Of the
General Assembly.
"The constitution of 1885, declared
that the term of Office of the Governor
should begin on the LIST day Of January
after his election. Chapter g. section %,
Revised Statutes published in 1887, and
the same section and chapter Revised
Code, published in 1855, fixed the day
for the meeting OF the General
Assembly as the third Monday
in November next after the election.
And the law, see chapter So, section Is,