The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-24
THE L.4H-M4KISG RODT.
Confusion on the Subject in State Constitu.
tions and Books of Reference.

Confusion on the Subject In State ConstItu-
tions and Books of Reference.
The members of the union OF states have cho-
sen various terms to designate their Law king
bodies and tho two parts of those bodies; but
these terms are often disregarded where accuracy
is very desirable. Newspapers and persons
constantly speak of the Legislature" when in fact
the name OF the law-maliing body of the State
referred to is something very different Pick
up an almanac and you are likely to find that
1t uses the term Legislature for every State in
the Union, when the fact is that less than half
Of them have legislatures. What is more remark
able. II you turn TO one OF the several encylopc-
dias you will be unable to find what the various
States call their law making bodies The best
encyclopedias tell you that the legislatures
Of certain States meet at certain times,
although these States have no legisla
ture. Nearly every State has at least
one historian. and many of them have dozen
or a score, yet search made in a large number
Of these histories showed that many Of the his
torians either did not know what was the
name Of the law making body in their States
or they were too careless TO use the proper term.
As almanacs. encyclopedias and histories are
not 10 be trusted it is not easy task always
to find out the proper names OF the law making
bodies OF the States. One place where the names
can be found is in the constitutions OF the States
but even the State constitutions themselves are.
some OF them rather careless in this respect, and
giving their trainers the benefit of the doubt it
may still be said that the constitutions present a
great degree of variety and lack Of uniformity.
Some of he State constitutions after providing
for a law-making body take the trouble 10 say
specifically that for instance II shall be designated
the general assembly" The constitution OF
Michigan does not specifically give name 10
the law making body. but refers TO IL as the legis
lature; and the enactng clause of Michigan laws
is simply 1.-THE people OF Michigan enact Like
Michigan the States Of New York, New Jersey
and Wisconsin do not specifically say In their
constitutions that the name Of the aw-making
body shall be called the Legislature, but the term
legislature is used to describe the law making
body. And as in the case Of Michigan the term
Legislature does not appear In the enactng clause
OF the laws New Hampshire has general court
yet the constitution Of that State uses at times
the term Legislature. The constitution Of Virginia
Article V, says In Section % The legislature
shall have power" and in Section "a THE general
assembly shall have power" The fact that one
OF these sections was in the original constitution
and the other is an amendment may account for
this aggravated case, Pennsylvania is a com
monwcalth and has a general assembly. yet in
places the constitution uses tho terms State and
the best name for the law making body of State
he should ask Kansas The Kansas constitution
Of 1856 provided for general assembly. that Of
1857 for a Legislature that Of 1858 for a general
assembly and that Of 1859 for legislature Other
States have also changed the name of the legis-
lative body
The constitution Of 1S66-67 OF the State OF Ne
braska vested the legislative authority of the
State in general assembly" and at the same
time provided that the acting clause of laws should
be BE it enacted by the Legislature Of the State
The next constitution. however, made the term
read Legislature in both places
Oregon was the first State To designate its law
making body the Legislative assembly, and il
was followed in this matter by the new States of
Montana and North Dakota Massachusetts,
and New Hampshire are the only two States that
have general courts nineteen have legislatures
and the remaining twenty one have general Assem-,
blies 1t will thus be that legally the term
general assembly is the most popular. but there
is no doubt that popularity the term Legislature
is far and away the most in general use.
The States have nearly all agreed on the ga me
two terms, senate and house Of representatives.,
TO designate the two parts Of the law making body.
However. California, Nevada, New York and
Wisconsin use the terms senate and assembly,
Maryland Virginia and West Virginia, the terms
senate and house Of delegates while New Jersey
is the solitary State that uses the terms senate
and general assembly, All the States except
the eight mentioned the terms senate and house
OF representatives.
All members OF the Union call themselves States
except Kentucky. Massachusetts, Pennsylvania
and Virginia, which call themselves common
wealths Rhode Island is unique in calling itself
"The State of Rhode Island and Providence Plan
tatOns"
North Carolina once called lis lower house The
House OF Commons"