The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-26

40 passed law lnstructine tho COMPTROLLER
s ~ re s 70 deliver any pension or warrant
orieinsi s nons, 70 any person other than the
IN view Of the authorities aud decisions
3lo.eu' and the precedents referred to-
| ~ NOT mink there can be any doubt hut
tnat the desire OF the Legislature rs owl.
utnced ny the passage OF the resolution
| c9uln he accomplished as well by means
stst,,t resolution As by any other form Of a
: Assuming that It was within the power
| "a Vne legislature to accomplish their oh.
JsV. oy me passage Of resolution. the
Iu.s,loh arises as TO whether the resolution
nus been acted upon by the legislature in
su WA a manner. as 70 make 1t effective.
as secnon 40 OF article III OF the consutu-
| When the legislature shall be convened
~ special session there shall be no legls a.
l"u upon subjects other than those desig.
/ hhued In the proclamation OF the governor
! SSaiin,g such session or presented to them
| mere the constitution provides that
Mnen convened IN exteT session the legis.
| azure snail consider no subject except that
\ LOT which they were specially called to-
gether, or which MAY have been submit
yea 10 them by q special message OF the
governor, II Is without the power Of the
legislature to legIslatc upon any subjects
except those embraced In the call or sub.
mitted to their consideration by the gov
g oolcys Constitutional Limitations p.
The language quoted is a limitation upon
the right Of legislation only. AMI II Is
| theretore necessary TO determine whether
me resolution attempts lcgiSa ion or not.
H. as stated above, the resolution is a
mere vehicle to convey the wishes or opn-
Ions OF The legislature upon the subjects
to which 1t relates without prescribing any
| RUE Of conduct to he observed. OF making
| any change in existing law. 1t does not
constitute legislation, for nothing becomes
law simply and solely hecnnse mon who
possess tho legislative power viii tnat II
shall be- unless they express their deter
mination to that effect in the mole pointed
out In the instrument which invests them
with the power and under the forms which
that instrument has rendered essential, but
II II is proposed by the resolution to confer
powers and impose obligations upon any
person which would not have existed hut
for the resolution. then the resolution, IL
poperlr adopted and approved constitutes
legislation.
The second section Of the resolution pro
yides that the committee may adm mister
oaths. without the aid of the res solution
the committee would not have authority
to DO so. and If It should attempt to ad.
minister an oath the person to whom 1t
was pretended to he administered could not
oc punished for perjury or false swearing
though he should make the most Hagranlly
false statement Stewart VS.. the State 6
CIR. App, 1S4)
II one should refuse to produce books
and papers for the examination OF the
committee or should refuse to obey its
summons there would he no power ON the
part OF the committee. in the absence Of
legislation, to punish such persons for con-
tempt
Without the aid Of the legislation pro-
vlded for by the resolution there would
be no law under which the committee
could receive compensation for their ser
vices.
| think, therefore, there can he no ques-
ton but what the changes In existing law
which are undertaken to be made by the
resolution, would constitute legislation, and
IL so, such legislation could be had at
called session of the legislature, only when
the proclamation of the governar calling
such session designated the matters at
tempted to he legislated upon. as a sub
ject for legislation. or when they were pre-
sented to the legislature by the governor.
The correctness Of the conclusion an.
nounced can be demonstrated by stating
an imaginary, though improbable law Sup
pose all the members of the legislature
the sherffs SHOULD have power to admin
lister oathS, but the governor had not, and
would not designate. that matter as
at the present called session. All Will
doubtless agree that they could not nov
pass law In the usual form comforting
such authority. and ! presume that no one
would claim that they could do so by pass
ing over the governors veto a resolution
which would have that effect.
IT remains then to he determined wheth-
er the matters upon which legislation Is
proposed by the resolution are designated
In the call of the governor concerning, the
them by the governor.
Undoubtedly. under the proclamation CON
venlng the legislature In extra session for
the purpose Of making appropriations for
the years beginning September l. 1901,
aud ending Aust 81, 1903, the legislature
would he authorized 10 pass any resolution
which they might deem necessary for the
purpose Of enabling them to acquire any
information desired for the purpose Of en-
abing them TO determine what appropria-
tions should he made for the period named,
but Wi ~ observed resolution
now being considered does not purport to
provide for the acquiring of such infor-
nation It provided on the contrary , for
data as may be gathered by the commit
tee and is not, therefore, in any way ger
main to the consideration of the bills
under wfAch appropriations are now
proposed to he made.
1t is, therefore, my opinion that If the
self it would be entirely inefective that
the committee appointed under 1t would
have no authority and could not receive
any compensation for their services,
from the Digest and Manual of Rules and
Practice of the house of representatives
Of the United States, page 53o:
"A joint resolution, like bill, must have
three readings before 1t is passed to be-
also refer to the action of our own
legislature as showing the practice on this
In 1870 the resolution was passed to
which reference has already been made,
authorizing the appointment Of commit
tee to sit during the vacation OF the legis-
ture for the Investigation of land for
gerles The rule requiring resolutions TO
be read on three several days was sus-
pended in the senate and II was read three
times and passed.
Senate journal Sixteenth legislature, page
996
In the house the resolution was read
on three several days
House journal sixteenth legislature, pages
1853 and 1861.
At the recent called session Of the pres
ent legislature, the resolution constituting
the governor. comptroller and attorney
general board and authorizing the board
10 make and enter into an agreement to
secure the return to the proper officials
OF the money in the custody Of the First
National bank of Austin, was read on three
several days in the house and was passed
under q suspension Of the rules requiring
such readings in the senate.
Many other presidents might he cited,
but certainly these are sufficient.
Ii can not be presumed that the legis-
lature In the formal language of the law
writer's, would do n vain thug. and unless
II was necessary that resolutions which
are to have the effect of law should be
passed with the same formaties as other
laws, II can not he that members Of the
legislature would 90 through the idle for
mality Of so adopting them. Very respect
fully, Tx Bell,
Attorney General.