The San Francisco call., 1898-12-20

avoid such confusion as your article suggests Holidays are the creation of the Legislature and their time and number prescribed in the Codes. It requires argument to show that the plain provisions of the constitution designating the day and even the hour when the Legislature must convene cannot be modi- ned nor in any manner affected by a statute.
 iiilsl neNe pIo'lueu 1hdt IIle Legislature should convene upon the first day of January the Fourth of July or any other day which might have been previously which might he thereafter set apart by statute a legal holiday. The precise command of the con- stitution must, of course, prevail. and any at tempt to postpone the day designated for the election of a United States Senator upon such pretext would be nothing less than a gross violation of the express mandate of the organic law
 George W. Monteith-
 The constitution being lex suprema is abso- lute, and the constitution does not recognize the existence of holidays in a case of this kind. time when the fourth of March fell Sunday. think 1t occurred during Monroe's administra- tion. and Chief Justice Marshall was appealed 10, and he took the ground that the constith- tion should be obeyed, but that it was not the purpose of the constitution to compel the per formance of a secular act upon Sunday and he therefore held that the inauguration of the President should take place the fifth day of March, which was Monday But that rule which he applied to Sunday would not apply to any other holiday. The statutory holidays outside of Sundays include New Years day, tion set the first day of the year. that, follow ing Chief Justice Marshalls decision. Monday WOulu De the day, a fOrtiOri where the COnSti- ton whatever, it must be held that it means what it says, and that the Legislature must meet on the second day of January"
 Judge s. c. Denson-
 ''The setting of a holiday is Legislative enactment and cannot affect constitutional provision. cannot what will prevent the Legislature from meeting January ?, 1899. Sec ton Z, article 1, Is mandatory and the Politi- cal Code follows the direction of the Constitu- tion Section 10 of the Code of Criminal Pro- fnll h-I,. ,.l,,- January l. February %. May 30. July 4, Septem- Der 30, first Monday in September December 25 the last two days being designated by the President or Governor. Section II of the Code or Political Procedure says if January l. Feb ruary 22. July i, December 9, fall upon Sun- day, the following Monday is the holiday Sec tion 134 of the same code says no court shall open on these holidays nor shall any judicial business be transacted on the holidays or on Sundays. This only refers to judicial business and not the Legislative There are however exceptions to this, for a court may give in, structions to jury or receive the verdict of a jury and engage in few other matters in US criminal business on holidays. Besides be- ing in accordance with the Constitution the Legislature has fixed the time of its own meet Legislature has not attempted to change the constitutional provision and could not do so If It It Si should i, attempt such thing. I think that clearly in the right in doing so''
 General J. H. Dickinson
 We will meet January ?. 1S99 holiday or no holiday The Constitution says the Legislature shall meet on that day and I know of no req son why 1t should not Holidays cut no figure at all. Of course if a working majority of the members me t'a vote to adjourn early and go to imagine there Is prohibitory clause in the Political or Civil Code to prevent such pro- ceeding. I have served in the California Leg islature through holidays and nobody offered to object
 Eugene F. Bert
 There is nothing to prevent the Legislature from meeting January simply because the public choose to observe that day as a New Years holiday. The wording of the Constitu tion Is plain on the subject'
 Andrew Clunie-
 All Legislative enactments are clearly in the line of the Constitution which signifies when the Legislature should meet. If a holiday happens to fall on the second of January there would be nothing to prevent Legislature from working on that day.
 Hon. R. P. Ashe-
 TT believe that it the intention of the Legislature to meet January 2 1899 as there was no legal reason why 1t should not do SO A Legislature is not a court and cannot he prevented from certain judicial proceedings on - N9