The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-20

the REORGANIZATION pl bhS Aits' N"''H"'
bank
THE RESOLUTION IN the house provid-
ing for the holding Of night sessions, In
order to finish up the work on the appro-
prlation bill was voted down this morn
ing.
FROM WHAT WAS SAID today 1t is be-
lleycd that the chronological department
viii be retained in the bill. Scientinc
facts were presented as to the adysn-
tage Of the department and its ala to
tile farming interests Of the state
Following is the opinion Of the nttor-
ney general with respect to the concurrent
resolution adopted by both houses provid-
ing for an investigation Of all State de-
partments and institutions and which
went back to the senate for concurrence
In house amendments The effect OF the
opinion is to say that the legislature has
no right to pass The resolution ut the spe-
clal session.
Hon. D. a. Pauus, S. L. Staples, Senate
Chamber.
Gcutlemeu-I beg to acknowledge re.
GENT Of your letter of THIS date which Is
as follows: Please mud concurrent reso-
luton Ne. , passed by the house author
izlng committee 20 be appointed from the
house and senate for the purpose Of inveS
tIgating the ,srIous state institutions
during reactions. II consistent with your
will we win he pleased to have yonr ott
cial opinion on the following questions;
l. Has the legislature the power 70
pass 10 resolution Of this character and
scope Of the one enclosed az an extra Ses.
sion where the governor submitted ouE
one subject to the Legislature, that being
the general appropriation bill:
Would the following provisions of
the said resolution prevent a member OF
the senate serving as a member Of the
~lHG Institution In his senatorial dis
trct that no one should he appointed on
saI mmiJtec who has an institution IN
HIS representative district supported by
tho state Tho resolution referred to Is
the one which provides for the appoint
mem Of committee Of Investigation, etc
section 40, article g. oil the constitution
pro .ides.
when the legislature shall hc convened
in -pecial session. there shall he no legls
d,-'enated in the proclamation calling
su.a session or presented to them by the
20, lrnor."
,.ves tho inquiry as To whether the reso
lruon which accompanies your letter pro
Ks III Constitution in the event the Cover
Nor mss failed to designate 1t in hi
eaatIoq conyepp F t the n iSsifa tEae
is sct to a prese IN tRe to evf fhem snaI if
docs moi propose legislation there is n
constitutional objection that I can tmagin
comm. tee provided for would have n
powcl whatever, whereas II the the res,
luton shall bc adopted By both houses
goycrn no .'' t he comnttce Wlonid then +
authorized 10 syld for persons and paper
70 admnistsr oaihs aod r,mn'l he a
yaIons o'hcr ao,s which bo romru'tc
is authorized and empowered to d. b
the resolution.
IN the absence Of the resolution tn
comptroller vouid have no authority +
ORA his warrant against the rreas1r.
nor the treasurer to pay warrant or G,
pcnscs incurred nv, or compensation dur
ibe committee The supreme court Of thi
State In tho case NJ the STATE nj rrvae q.
Dcesderuier, Seventh Texas. 4. has hcl
that joint resolutions which urNo-s ua
tIcular duty upon any oflccr ~ the stat
Is public statute. The resolution rndr
consideration imposes duties and comic.
authority upon certain members Of Oh
house and senate to he selcc ed. ana
view OF the decision which ! have referrc
to is to he regarded as a public statute
question very similar to the one whlc
you have asked me was submitted to Tia
Hon. Caleb Cushing when he was dllin
the office Of attorney general of tn
United States He gave II as his opInlo
that "joint resolutions Of congress are nc
distlnguishahle from bills, and II nj
proved by the president or II duly passe
they have all the effect Of law" (Sixt
opinions Of the attorney general, 6s0)
That concurrent resolutions were
have the effect of statutes Is shown b
section Is article A. OF the constitution
which provides that:
Every order, resolution or vote
which the concurrence Of both house
Of the legislature may be deemed nece
sary, except on questions of adjournmen
shall be presented to the governor and b
fore II shall take effect shall he approve
by him; or being disapproved shall i
passed by both houses; and all the rule
provisions and limitations shall appl
section In the case OF bnl." p'''e'''
ceding section, is the section prescrl6ir
nov t oIiis snai pc presenter TO the COVE
his dlsapproyai, how thew may hecomc
law, such disapproval to the contrar
hg I, thsrasonag ,,.ou.
scented, and should NOT present "f 70 II
legislature as subject for their co
nI'ared H., IN, Ine s aLtvr emnaacea IN ar
tlon, it is my opinion that no iegisiatIr
can be had with reference theret
"n resor, ine same o sohght TO De mad
In reply to your second inquiry h,
leave e state that the words 'represe
tnsement Inepde us sena MoT aps IN
representative district has a clearly def
ed meaning as used in the constitute
isngnaaa a" S,as an h9s ~