The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-07
LETTERS TO THE EDITOR.
Extraordinary Sessions.


To the Editor of The Age Herald:
1t has not only been rumored, but as
serted positively on numerous occasions,
that a fight would be made upon the
laws passed during the present "extraor-
binary or special session of the legisla-
ture, on the ground that such session
is unconstitutional, in that no "extraor-
binary occasion" existed or exists war
ranting the calling by the governor of
such a session, some even going so far
as TO hold that the power of the governor
to call an extraordinary session" of the
legislature is limited to occasions where
there is danger to the state from threat
ened invasion, instruction, or other law
less outbreaks.
That there is nothing in either propo-
sition would seem clear after even
cursory reading of section 122 of the pres
ent constitution of Alabama, which pro-
vides as follows:
Sec 122. The governor may, by procla-
nation, on extraordinary occasions, con-
vene the Legislature at the seat of gov
eminent, or at different place, If, since
their last adjournment, that shall have
become dangerous from an enemy, insur-
rection, or other lawless outbreak, or
from any infectious or contagious dis
ease" etc.
Extra Legislative sessions have not been
the subject of many decisions, so far as
have been able to discover by care
full and painstal1ing search of the reported
decisions of the higher courts of the
various states composing or constituting
the United States of America. And in
| only one case (Whitemans Executrix vs.
Wilmington and SusQuehanna Railroad
company, Deb; reported in 2 Harrington,
514; 80 Amer. Dec. All, 421, is this term or
expression extraordinary occasions" con-
strued, explained or defined-to which
case will hereafter refer.
Extraordinary" according to the of
flee Standard Dictionary is defined as
follows: I'D Being beyond or out of the
common order or method; remarkable; (2)
employed for an exceptional purpose; spe-
cial"
AN extraordinary session of the leg
islature is a session which the governor
is empowered to call upon extraordinary
occasions."-3 Words and Phrases, 2629.
Extraordinary occasions" as used in
the constitution, authorizing the governor
to convene the Legislature on extraordi-
nary occasions, means occasions deemed
extraordinary by the governors Words
and Phrases, 1929.
I have heretofore referred to and quoted
from section 122 of the constitution of
Alabama Oe0S), and in this connection
quote from the Delaware case cited above
which seems to me to be peculiarly appli-
cable to the conditions surrounding our
own special or extraordinary session
of the legislature, as follows:
Under the constitution of this state
Cart 3, Sec. 12, the governor Is author
ICED to convene the general assembly on
extraordinary occasions. This is a power,
the exercise of which the trainers of
the constitution have seen fit to entrust
to the chief executive of the state alone.
AS they have not defined what shall be
deemed an extraordinary occasion for this
purpose, nor referred the settlement Of
the question to any other department or
power of the government, the governor
must necessarily be the judge, or he can
not exercise the power. He may err, but
this court has no jurisdiction to review
his decision or correct his error. II he
act corruptly he is liable to impeach-
ment; but the doctrine that a mistake
or even corruption on the part of the
governor in converting the general assem-
bly, invalidates the acts of that body
would be productive of incalculable mis-
chief
While undoubtedly a great many oiti-
zens of Alabama-indeed, a majority
may not agree with the governor that an
extraordinary occasion" existed which
demanded a special session of the legisla-
ture, and many Of us honestly and con-
scientiously believe that the call was &C.
casioned proximately by exaggerated ego,
yet, the fact remains that 1t seems to be
a clear legal proposition that the COVER
nor, under section 122 of our constitution.
is the sole judge of the extraordinary
occasions for converting the legislature;
and, although he may err, the judiciary
has no Jurisdiction TO review his decision
or correct his error.
Whether the supreme court Of Alabama
would accept the doctrine or proposition
enunciated by the Delaware court is a
question that can only be answered by
that honorable body itself upon an ap-
peal properly before the court.
THOMAS NJ. ROGERS.
Birmingham, August 8, 1909.