The San Francisco call., 1898-12-20
HOLIDAY OR NO
 HOLIDAY, THEY
 MUST CONVENE VIEWS ON THE OPENING OF THE LEGISL ATURE. Members of the Legal Fraternity Unani- nous in Their Interpretation of
 the Constitution.

x CCORDING to the opinions of
 u some of the leading attorneys
 A and jurists of this city there is
 no possible doubt that the Leg
 islature not only will but must begin its session on Monday, January ?, despite the fact that this day Is a legal holiday.
 Some of the individual opinions ex- pressed are as follows:
 Robert Y. Hayne-
 Section , of article " of the constitution of 1879 provides that the sessions of the Legis- lature shall commence at 12 o'clock m. on the first Monday after the first day of January next succeeding the election of its members Without having made critical examination of this question 1t would seem to to be plain that the session should commence the second of January. The first day of January Is Sunday; the first Monday after the first day of January would be Monday. Unless there is something in the constitution which says that the Legislature shall not meet on a holiday the solutely clear. You have not called my at tention to any provision that the Legislature shall not meet a holiday and l have not time to look for any such provision. I do not think that the provisions of the codes could override the constitution or that they were intended to do so. Of course you will under stand I just give you my offhand opinion, as have not studied the question critically" Garret McEnerney-
 There is no question that the sessions of the Legislature must and shall commence at noon January succeeding the election. The mere fact that that first Monday should happen to be a holiday would. under the constitution. cut no figure. I have not made a special study of this point but am satisfied that l am right :" D. J. Murphy
 You take me at a disadvantage in asking me for an offhand opinion to the effect ot section ?, article ", of our constitution. pro- ha fire n fhsa iG Q It Is subject which 1 have not given any serious thought to, but will give you my views. Now, 1t seems to me, the language of that section Is very plain and speaks in un- mistakable manner as to when the Legislature is the first day of January, and that Monday following is the second day of January. hence If we are to give the language of section its fair ordinary meaning. it is clear that the Leg islature should meet on the second of January, al 12 o'clock m. The provision of this section is mandatory and so plain that the question of construction does not come in. It is perhaps well to call your attention to another provision of the constitution, which I think is anala- gous to the under consideration Section 2, article VI, of the constitution, provides that the Supreme Court shall always be open for Der, our Supreme Court has held in accordance with that provision that that court is always open for the transaction of business on Sun days. holidays and all other days To show that the framers of the constitution intended that that court should always be open. we may look at section of the same article which relates to the Superior Courts, and that sec tion provides, speaking of the Superior Courts. they shall always be open Qegal holidays and non- judicial days excepted). Thus 1t will be seen that while the constitution provides that the Supreme Court shall always be open. it ex- empts the Superior Court from transacting Judicial business on holidays and on non-ju- dicial days. l therefore think, for these req sons that the Legislature should convene and meet at 12 m. Monday. January 2. The constitutional provisions herein referred to re- lating to the courts are substantially re-enacted in sections 47 and B of the Code of Civil Pro- cedure, I am not aware of any legislative act that attempts in any manner to interfere with the constitutional provision to the meeting of the Legislature, and even if such act did exist. 1 think it would be unconstitutional T. Carl Spelling
 without looking into the matter would say that the Legislature. being the supreme law the constitution and if the existing statute be In the way of the validity of its acting which do not believe, it may on that day repeal or amend such statute for the occasion. This. while not impossible. is scarcely practicable, owing to the necessary time required to organ ize. They must meet on the first Monday or not meet at all, according to both the consti- tuition and the statute.'
 Matt Sullivan
 ''The opinion on the subject expressed in to- days Call is correct Section of article " of the constitution is mandatory. The provisions of this constitution are mandatory and prohib- to be otherwise (Art ", Sec. 22 Const Cal ] If the framers of tLe constitution intended to postpone the opening of the legislative session in the event of the first Monday after the first day of January next succeeding the election of Its members falling upon legal holiday, they would have inserted in our organic law provision to that effect. Not having done so. section 2. article ". is sus- ceptible of but one construction There is nothing in any of our codes or statutes pro- hibitins the Legislature from meeting on the