The Lamar register., 1902-02-19
PROCEEDINGS OF THE EXTRA
SESSION OF THE LEGISLATURE

| Senator Taylor is considering the In
PRODUCTION of his bill which failed to
pass last session, abOlishing the Court
of Appeals and increasing the number
of supreme judges to seven. He has
redrawn his bill and brought 1t up to
date. 1t provides for seven judges,
who shall sit eight years, new judge
being elected every two years. During
] the regular session the Bar Association
introduced n similar bill, providing for
/ fourteen years on the bench. The as
sociation tried to effect n compromise
with Senator Taylor on ten years, but
he would not consent, the result being
that both measures died.
The Senate finance committee has
reported the Buckley Gunnison tunnel
bill. The original bill has been amend
ed in numerous places. The principal
amendment is that the water script
will not bear the signature of Governor
Orman and State Auditor Crouter, ms
the father of the bill and his support
ers hoped for. There was a feeling
among some Of the senators that the
presence of the state officials sigma
lures on the script on bonds might
technically involve the state. Instead
of the governor signing, the Board
of Control will be compelled to report
to him each month. The old bill pro
vided n salary of 81 500 for the superin
tendent. The amended bill makes the
salary $500 year. The question OF
bonds for the members of the Board OF
Control and the treasurer caused con,
siderable debate in the committee
room. The members of the board will.
give bond in the sum Of 81 900 and the
+rop f, pt
tion among the senators to make the
members give n bond about that equa,
to the treasurer, and the latter a bono
somewhere betwn $50O,OOO and $1,000.
900. 1t is argued that from the time the
tunnel is begun until 1t is completed
he will handle about $T50,OOO, and he
should give bond equal to that sum
Attorney General Post has advised
The Legislature that in his opinion they
have no right to alter or repeal any OF
the constitutional amendments passed
at the last session. The opinion is Al
follows: ut is my opinion that this
special session has no power to recall
repeal. rescind, amend, or in any man
.ner affect or modify any of the six con
stitutional amendments passed by thu
TeStltT seSSlOH VI tHe LIN teehth 1ei@
eral Assembly. If the proposal of con
stitutional amendments were strictly
legislation, no one, l think, would con
tend that the General Assembly hac
not the power to alter, amend, modify
or entirely repeal the action of prioi
session in Its proposal, before people
had voted thereon, but since the con
stitution has given to the Legislature
merely the power to propose, and the
people the power to reject or ratify.
when the proposal has been made,
further authority over the proposal has
passed out Of the hands of the Legisla.
ture and into the hands of the people.
The people have, so to speak, acquired
vested right to action upon the pro
posal which the Legislature cannot, by
subsequent action, take away. In my
opinion II Is entirely within the author
ity of the General Assembly to pro-
pose constitutional amendments at this
special session, but their object must
be confined to those stated in the por-
ton of the governors call quoted. If,
In the opinion Of the General Assem-
bly,, 1t will require six constitutional
amendments to do the work outlined
by his eXcellency in the paragraph
mentioned, then it has the power to
propose the same, or if there is in its
opinion no necessity for amendments
it is at liberty to refrain from pro-
posing them"
The House spent nearly all or Mon-
day discussing the revenue bill. Judge
SchweiCert resumed his speech In IA