The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-02-04

SPEAKER BOWLING HOLDS OVER
AS PRESIDING OFFICER
OF HOUSE
SO RULES ATTORNEY GENERAL.
Other officials, However, Must he.
Formally Elected by the
House Before They
Can Serve.

When the legislature meets this morn
ing the house will not have to go to the
trouble Of electing Michael J. Bowling
speaker. He Is speaker Of the extra. ses-
sion by virtue Of his election at the last
regular session. In other words he
"holds over" So rules Attorney General
Douglas in an opinion written for Mi
bowling last night. When Mr. Bowling
reached town yesterday and began to talk
of the organization of the house, several
OF the associates remarked that it would
be waste of time to go through the
form Of electing the speaker, as he I'M
doubtedly held over under the law
Mr.. Bowling was a little skeptfcaI
however, and did not want to take any
chances Of invalidating any legislation
because Of an irregularity in his election,
and said he would prefer to be reelected
rather than have any future trouble Of
this sort arise.
In order to be on the safe side he asked
Gen. Douglas for an opinion, and that
official, on investigation, speedily discov-
cred that Mr.. Bowling helds over as
speaker as we'll as member of the legis-
lature, the election Of the speaker being
for the length of mis- time Of membership
in.the body.
In the extra session Of 1881 Loren
Fletcher, who had been speaker at the
previous regular session, acted without
Being reelected. Mr.. Douglas opinion is
as follows:
Hon, M. j. Bowling, City
Dear Sir: You request my opinion as
to whether the speaker of the house of
|, representatives, duly elected at the ses-
sion OF the Minnesota legislature, be-
ginning In January, 1900, continues as
such at the special session to be conven-
ed on the 4th inst, and also whether the
officers and employees thereof at the
xryif1 aJo
ton or reappointment
Replying thereto I call your attention
to section 296, of Laws and Practice Of
Legislative Assemblies" by L. S. Cush-
ual, which In part reads as fellows:
The speaker of the house of commons
accordingly holds his office during the
whole term of parliament to which he is
elected member, and in this country
the presiding officers Of our legislative
assemblies hold their offices to the end
of the term for which their respective
legislatures have been elected; notwttn-
! standing any adjournment or Propagation
that may take place in the meantime
Entitled to Continue.
Following the authority Of Cushing, in
my Judgment, the duly elected speaker
OF the house of representatives for the
session Of 1900, is entitled to continue as
such, during the proposed extra. session,
and should call the house to order
find this practice to have been adopt
| ed during the extra sessions of the leg
| islature of Minnesota for the years 1862
and 1881, respectively, and also find, upon
an inspection Of the Congressional Rec
| ordS, that the speaker of the house of
| representatives In congress assembled,
| elected at the extra session of congress
| convened pursuant to tie order of Pres
! ident HAYES, on the 18th of October, 1877,
| duly held the Office OF speaker during
| hi official term, at two subsequent ses-
] siens, and find the same construction
to have been adopted by the lower house
! of congress during the subsequent terms
| of President Hayes and Cleveland at
which congress assembled in special ses-
sion on the 18th Of March, 1879 and on
| the It'll Of August. 1893, respectively. Dur
| ing each Of these terms the speaker elect
| ed at the first session continued to hold
and exercise the powers Of such Office,
| without reelection, at each subsequent
! session held during the official term OF
| the members thereof.
To your second inquiry, arising from
| the fact that other officers thereof arc
not members Of the house Of representa-
tives, a different rule applies. In this
case, IN my judgment each Office or po-
| sition must be reflled by election or APP
| pointment. Yours respectfully,
w. J. Douglas,
Attorney General.