Hutchinson gazette., 1899-01-26
REPUBLICANS ON EXTRA SESSION

City Star last Wednesday.
REPUBLICANS ON EXTRA SESSION
JIG. Slonecker, one of the proml-
nent republican attorneys OF Topeka
says with reference to the opinion Of
Attorney General Goddard regarding
the legality of the special session: II
do not believe that the decision Of the
attorney general Is good law. The
constitutional provision In regard to
declaring an emergency In the leglsla-
ture is somewhat analogous to the
governor calling u speci' ! session to
the legislature on extraordinary 0c-
cssions. AS to that provision the Su-
preme court has said: Although 1t is
necessary that every bill shall be read
on three separate days In each house
unless In case of emergency, yet each
house is the exclusive judge as TO
when a case Of emergency arises or
exists; and 1t 10 not necessary, in Or
der that the reading Of bill Ishall be
considered valid, that the emergency
shall be stated In the journal II 1t Is
not necessary to state the cause Of the
emergency in the journal it Is not
necessary for the governor to outline
In bis call the reasons In his mind for
the calling Of special session. l am
satisfied In my mind that the attorney
general is on the wrong track.
L. A. Austin, who was assistant at
torney general for two terms under
s. b. Bradford's administration, said:
"This question was decided in Della
ware in 1893 In q case exactly in point,
where the validity of law was called
in question, and the court then said:
The governor must necessarily be
himself the judge or he cannot ex-
ercise the power. He may err, but
this court has no Jurisdiction to re-
view his decision or correct his error.
II he acts corruptly he is liable to i'm
peachment, but the doctrine that q
mistake or even corruption on the
part Of the governor In convening the
general assembly invalldates the acts
of that body would be productive Of
incalcuIable mischief In 1859 the
supreme court of Iowa also had q like
provision of it's constitution before It,
and said In speaking Of the legisla-
ture: Its powers not being derived
from tie governors proclamation, are
not confined to the special purpose for
which 1t may have been convened by
him. "
A. L. Williams, one of the ex-at-
torney generals Of Kansas, said: Or
dinarily, l should hesitate to express
an opinion counter to that Of the at
torney general Of the State, on mat
ters peculiarly within his jurisdiction
but this Is 80 plain to my MIND that /
do not hesitate to express the opinion
that the great majority of lawyers, and
all courts, would hold that the extra
session of the legislature was legal.
The governor only can convene the
legislature in extra session; to him,
and to him alone, Is committed the
question of determining whether q
constitutional necessity must be, final
In the matter. II the courts may say
In any case that no extraordinary oc-
casion existed, it may say it In al
cases, and 1t may sit In judgment upor
the discretionary power Of the Cover
nor so effectually as to absolutely de-
prive him Of that power, and transfer
1t to the courts. Mr.. Goddsrd's movt
looks to me like a bad move politically
and sincerely hope that the republl
can party will disavow it,"
Ex-Governor Morrill, is reported IL
an interview as saying In substance
II believe a governor has absolut,
and arbitrary power in the matter o
calling special session. That wa
the view took Of 1t when I asked TO
. an opinion from Attorney Genera
a
{ Dawes, and the opinion backed me u
in 1t. That opinion may have beel
. written by Mr.. Goddard or it ma
] have been written by Mr.. Dawes per
q sonally. When the members of tn
!. house and senate are brought her
under call Of the governor they ar
Q In the same relation as persons az
pearing under summons of a court
t and 1t is clearly unjust to depriv
j them Of pay for the time spent here
t They simply act in obedience to th