The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-05
THE POWER OF THE LEGlsLA
TURE.

Judge Cooley. in his work on the
Constitutional Limitations which rest
upon the legislative power. says page
1877. sixth edition.: The Governor
may convene the Legislature, in extra
session whenever extraordinary occa.
sion seems to have arisen; but their
powers when convened are not con
fined to consideration of the subjects
to which their attention is called by
his proclamation or his message, and
they may legislate on any subject. as
at the regular session"
The Constitution of Iowa, Article f.
Section II. provides that the Governor
may on extraordinary occasions con.
vene the General Assembly by procla-
nation, and shall state to both houses
when assembled the purposes for
which they have been convened. 1t
was held in Morford VS.. Unger, Iowa,
SO. that the General Assembly. when
thus convened. were not confined in
their legislation to the purposes speci-
| fed in the message. When lawfully
convened. whether in virtue of the
provision in the Constitution or the
Governors proclamation. it is the
General Assembly of the State, in
which the full and exclusive legisla-
tive authority OF the State is vested.
Where its business at such session is
not restricted by some constitutional
provision, the General Assembly may
enact any law at a special or extra
session that it might at regular ses-
sion. It's powers not being derived
from the Governors proclamation. are
not confined to the special purpose for
which it may have been convened by
him
Judge Cooley adds that IAN excep-
ton to this statement exists in those
states where, by the express terms OF
the Constitution ii is provided that
when convened in extra session the
Legislature shall consider no subject
except that for which they were speci-
ally called together or which may have
been submitted to them by special
message Of the Governor"
Provisions TO this effect will be
found in the Constitutions OF Illinois
Michigan. Missouri. Nevada. Califor
MIA and others.
! Is there anything in the Organic Act
of the Territory of Hawaii-whict
bears the same relation to the-Iaw
making power that a State Constitu
tion does to State Legislature
which in express terms prohibits our
Legislature when in special session
from considering other than appropri
alton bliss II there IS any such re
striction il must be found by applying
the motto expressio unius est exelusis
aiserius TO the language of the section
providing for special sessions. Blu
! we submit that the motto in question
has no application to Constitution
, Tor. By a parity OF reasoning, 70 an Or
gsnic Act The rule OF construction
, that IL eyokes does not apply TO Con
! stitutions. The rule is in fact the re
5 verse. as has been repeatedly held
] and il has been repeatedly he'll
/ that Legislature can do all acts no
Z prohibited by the Constitution. or i
the case Of Territory. by the 0rgani
+ Act: and rs the Organic Act does 10
5 in terms prohibit the Legislature G
1 Hawaii when convened in special ses
E sion from considering other than AZ
preparation bills. ii follows that an
{ legislation may be enacted.
81 For the sake OF the Territory it
: TO be hoped that II the Legislature I
: special session shall see a. to enac
: other than appropriation laws. tn
Governor would act as he would ri