The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-11
ON EVERY POINT.
Supreme Court HI andS Down
Unanimous Opinion
Sustaining Governor Leedy's
Special Legislative Session.
GOVERNOR THE JUDGE
Of the Meaning of an Extra0r.
dinary Session.
Leedy's Proceedings Were Reg
ular In All Particulars.

The supreme court today handed
down a list of opinions in whic appears
the one with reference to the special
session of the legislature which the
court some time ago held to have been
convened in a constitutional and legal
manner by Governor Leedy. The opin-
ion is unanimous from the three mem
bers of the court, Justice w. r. Smith
having written the document.
1t is a vOluminouS document of nearly
10000 words, and contains an extended
history of the constitution of the United
States and the state of Kansas. Judge
Smiths opinion was the subject of much
interest on the part of the lawyers as
Sembled in the clerks office today and
he was paid many compliments for the
manner in which he has gone into the
case.
The contention that the legislature
was convened in a constitutional man
ner by Governor Leedy is sustained at
every point.
The court holds that the power to
convene the legislature in special ses-
sion is vested solely in the governor and
that he can not by mandamus be COM
PEELED to act nor be restrained by in
junction from an attempt to eexrcise it.
The syllabus of the opinion is as fol-
lows:
1.-The constitution of this state con-
fers the supreme executive power upon
the governor and provides that he may
on extraordinary occasions, convene the
legislature by proclamation. Such proc
lamation was issued, calling the mem
bers of the legislature together in extra
session 10 days before the time fixed
by law for a meeting of the regular
session. The proclamation did not eX-
pressly state that an extraordinary oc-
caSiOn had arisen but it referred to the
power vested in the governor by the
constitution to make such call. This
was followed by a message to the mem
bers convened, suggesting that legisla-
ton was demanded by the people re-
specting freight rates to be charged by
railroad companies.
Held, that an extraordinary occa-
sion was presented within the meaning
of the constitution.
1.-The question of the existence of an
extraordinary occasion of sufficient
gravity to justify a call for an extra
session of the legislature is to be de-
termined by the governor alone, in the
exercise of his discretion as a sworn
officer, and this discretion is not sub
ject to challenge or review by the
courts.
Chapter III of the laws of 1897 ap-
portiOning the state into representative
districts, which went into effect June 1,
1897, and repealed all the acts in conflict
with it, did not terminate the existence
of the house of representatives of 1897
nor shorten the term of office of the
members. A member of the legislature,
unlike county or township officer, has
no official function to perform within
the district or territory from which he
is elected. The division of the state in
to legislative districts is only a provis-
ion for future elections and is not de-
signed to effect the title to office or
tenure of members making the appOr-
tiOnment.
THE constitution fixes the terms of
Office of members of the legislature for
two years but does not expressly pro-
vide when their terms shall begin. In
the absence of such a provision it is
competent for the legislature to fix the
commencement of the term This has
been done by statute which provides
that the regular term of office for men,
bers of the senate and house of repre-
Sentatives shall commence on the sec
ond Tuesday of January next succeed
ing their election"