The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-01-19
NOT GOOD LAW.
What Lawyers Said When They
Heard of the Decision
Of Attorney General GODDARD on
the Special Session.
COL. A. l.. WILLIAMS
Says the Session Was Legal,
and Tells a Story.
Mr.. SlOnecker Says the Decision
is Not Good Law.
OTHER LAWYERS FIND
Mr.. GOdard's Conclusions Are
Not Well Based.

AOpSha lawyers, WITHOUT TeSdTQ u
politics. think that the opinion of At
torney General A. A. GODDARD on the
legality of the special session of the
legislature is not good law.
Ex-Attorney General A. L. Williams
who is now general attorney for the
Union Pacific said:
Ordinarily I should hesitate to ex-
press an opinion counter to that of the
attorney general of the state, on mat
terS peculiarly within his Jurisdiction,
but this is so plain to my mind that I
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.
1.-The governor only can convene the
legislature in extra session; to him, and
to him alone, is committed the question
of determining whether a constitutional
necessity for one has arisen. His de-
cision is, and of necessity must be, final
in the matter. If the courts may say
in any case that no extraordinary oc-
caSion existed, it may say it in all cases,
and it may sit in judgment upon the
discretionary power of the governor so
effectually as to absolutely deprive him
of that power, and transfer it to the
courts.
''Mr. Godard's move looks to me like
a bad move, politically, and I sincerely
hope that the Republican party will dis
avow it. The calling of the special ses-
sion of the legislature I consider the
most indecent and unnecessary act ever
committed by any political party, and
firmly believe that of itself this action
on the part of the governor and the
PopuHSt party, if left to do it's own
work, will absolutely destroy that party,
and hate to see that work in any wise
impeded by any action of the Republi-
can party. Let the legislature stand
until properly assailed in the courts,
which is the right of any litigant to do,
TfU 1At a pa hR
bills. Keep constantly before the peo-
pie the grotesque joke of an emergency
so great that the Legislature was con-
Vened to pass a law which was not in
tended to go into effect until after the
succeeding legislature had met, gather
ed in its full constitutional per diem,
and adjourned. And, finally, when any
Pop orator or paper gravely attempts
to defend the calling of this legislature,
receive it as the people of a little town
in Vermont received the news of the
appointment of a distinguished gentle
manlto be attorney general of the Uni
ted States. The gentleman in question,
shortly after his appointment, met an
old stage driver, a fellow townsman,
and said to him:
"I suppose the folks up home have
heard that have been appointed attor-
ney general?'
Yes the old fellow said, gravely.
What do they say about it?'
They don't say nothin'; they jest
WHAT MIR. sLONECKER SAYS.
]. G. SIonecker, a prominent Republi-
can lawyer said: 81 do not believe that
the decision of the attorney general is
good law. The constitutional provision
in regard to declaring an emergency in
the legislature is somewhat analogous
to the governor calling a special session
of the legislature on extraordinary oc-
casions. AS to that provision the su-
preme court has said:
although it is necessary that 'every
bill shall be read on three separate days
in each house unless in case of emer-
gency,' yet each house is the exclusive
judge as to when a case of emergency
arises or exists; and it is not necessary,
in order that the reading of a bill shall
be considered valid, that the emergency
shall be stated in the journal.
eff it is not necessary to state the
cause of the emergency in the journal
it is not necessary for the governor to
outline in his call the reasons in his
mind for the calling of a special session.
torney general is on the wrong track"
GOVERNOR IS SOLE JUDGE.
E. A. Austin, who was assistant at
torney general for two terms under S.
'"This question was decided in Delaware
in 1898 in a case exactly in point where
the validity of a law was called in ques-
ton and the court then said: The
governor must necessarily be himself
the judge or he can not exercise the
power. He may err but this court has
no jurisdiction TO review MS decision OF
correct his error. If he acts corruptly
he is liable to impeachment but the
doctrine that a mistake or even corrup-
tion on the part of the governor in con-
vening the general assembly invali-
dates the acts of that body would be
productive of fncalculable mischief
I'm 1859 the supreme court of Iowa
also had a like provision of it's consti-
tuition before it, said in speaking of the
legislature: Its powers not being de-
rived from the governors proclamation
are not confined to the special purpose
for which it may have been convened
by him. -
Judge George A. Clark, ex-judge of
the court of appeals, and also assistant
attorney general, but a Populist, said:
81 have not made a study of the ques-
ton but 1 am satisfied that the action
of the governor in calling a special SeS-
sion of the legislature is not renewable
in any court. He is the exclusive judge
of whether an extraordinary occasion
exists or not. In this case Governor
Leedy felt that it was of special i'm
portance to the people to secure the
passage of railroad legislation. He had
been trying to secure pledges from the
members of the legislature to vote for a
railroad law and when they were final
ly secured it seems that in itself was
an extraordinary occasion. Efforts had
been made ever since the state was
organized to secure railroad legislation.