New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-12
IN THE NATTER or Az EXTRA SESSION.

IN THE NATTER OF An EXTRA SESSION.
Every now and then some Uniformed COM
mentator on public affairs rises to remark that
if Governor Black intends to call an extra ses
sion of the Legislature within the next few
weeks he has not mach time left to decide
whether or not to grant the demand Of the local
political machine for police legislation. mas
much as no subject can he acted upon at the
extra session which is not included In his sum-
mons This is a matter which. though it Is not Of
momentous importance. may as we'll be set
straight.
The Constitution provides that AT extraOrd-
mary sessions no subject shall be acted upon
Except such as the Governor may recommend
"for consideration" Ii will be observed that
contrary to what is perhaps the general rule in
such cases. aothing is said about the time at
which he shall recommend subjects for consd-
Grafton, and If the question had never been de-
terlnined 1t might be quite safe to infer that he
could choose his own time. But in fact the
point though no, expressly raised. was conclu-
siveIy decided in the People ex rel. Carter v.
Rice 13J y. Y. 473. This was the celebrated
case in which the validity Of the legislative ap-
portionment Of 1892 was attacked Near the
end Of the regular session in that year the broad
results Of Rice's enumeration had been sub
mit,ed to the Legislature, and a few minutes
before It's adjournment Governor Flower sum
moned il to reassemble In extra session four
days later. Though il was we'll known that the
object of the extra session was the passage Of
an apportionment bill satisfactory TO the Demo-
cratic organization, the Governor did not recon-
mend that or any other subject for considera-
ton In his call Blu, when the Legislature. hav-
ing adjourned on April 21 met again Oh April
81 the necessary message from him was laid
before it, the apportionment bill was immedi-
ately introduced and the following day it was
rushed through both branches. This act was
assailed on various grounds relating to its con
stitutionaliIy one Of which was that the extra
session was not the first session after the
enumeration within the meaning of the Const
tuition. But in the following October the Court
of Appeals decided that the point was not well
taken. and that the subject having been duly
recommended for consideration by the Gov
ernor, the apportionment bill was valid in that
respect. as the Court proceeded to declare il TO
be In all respects. Though no direct reference
made TO the fact that neither this nor any
other subject was mentioned In The call for an
extra session, II follows Inevitably from the
Courts decision sustaining the act that the Gov
ernOr Is Lot required TO recommend any subject
IN proclamation converting the Legislature in
extraordinary session. and that is undoubtedly
the accepted Interpretation Of the Constitution
AS we have said, the matter may not possess
great importance at this time. but nevertheless
his discretion 10 the terms Of the call for an
extra session which he is expected TO issue may
prove to be highly convenient to Governor
Black and not without effect upon the political
situation. 1t will permit him, for example, 10
recommend In his call or In first message the
passage of a bill enabling soldiers absent from
the State to vote In November, and to walt I'M
til that subject is out Of the way before divulg
Ing his Intentions in respect to other suggested
measures Of legislation. II, therefore, the ma
chine !s disposed to use the claims Of the SOL
dicrs to the franchise, or any other considern-
zion arising ont Of the war, to crowd the Gov
esnor Into an uncomfortable position. It may