The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-07-30

No Extraordinary 0cca-
sion.
SAYS PECULIAR
SITUATION EXISTS
likely Candidate for Governor Ex-
presses His Views.
--
Exaniaation Of tire Precianstis. u
the Governor shows That Exeept-
ing the Amendments the Mate
tiers Are Pnrely Ordi-
.ary Lesislatien. Z

Hon. Emmett ONeal, or Fiorence,
who il much discussed Is probable
candidate for governor. Is in the city
looking after one or two legislative
enactments. strongly recommended by
the state Bar Association. Of which ne
is President. Mr.. O'Neai has not yet
determined whether he will or Will NOT
be n candidate for Governor. II ne Oh
fers, 1t will be upon the local option
platform, of which no has been STEADY
advocate ever since he has been
voter. ste
Mr.. oNeal argues strongly that the
present session Of the Alabama Lesls
Iature should not have been canoo' ae
SAYS that the Constitution gives the
uower to the Governor to call an extra
eession. only when an EXTRAORDINARY
occasion requires It. He contends that
no extraordinary occasion has arisen
and that the present session snouio NOT
nave been called
OF this peculiar situation In Alabama
Mr.. O'Neal says:
..It has been claimed that since tne
Constitution suspends the power OF tne
people to meet for the purpose OF res
ialation not more than once In iour
wears the special session furnished the
onlv method of relief from that anom-
slou. condition. Yet that instrument
bv express terms limits the power OF
the Governor to convene the Aesisie
tur. only upon extraordinary occa-
sions. It may be conceded that many
laws require revision OF repeai. anu
that legislation on certain sup1ec.s
would subserve the public gooo, yea !.
eau not be seriously claimed that such
corditions constitute that 'extraordi-
nary occasfon' which the trainers OF the
Constitution contemplated. An insur-
rection. some widespread calamity or
pestiienSe. or the overthrow py TINS
courts OF some general revenue Dill,
might be cited as instance OF that ex-
tra ordinary occasion within the pur-
view of the fundamental law. AZ Ger
tainly was never supposed tnat tne ee-
mands of ordinary legislation, the IN
tsrast. Of some political faction or the
claim. OF personal ambition would JUS
tifv the exercise Of this high execu-
tive prerogattve. ..
Governors PrOcsnmation.
.Ar Examination OF the proclama-
eon ~ the Governor shows that ASIDE
from the three constitutional amend
ments propSS other subjects are
nureiv matt Of ordinary legislation.
Whiir Il AZ , Ratted that the power to
sstsrmine xiat constitutes the extra
ordinary occasion 10 left solely TO the
iudgngsnt OF the chief executive. II cer-
fainiv was never contennplated that the
anacia, session should usurp the place
of a meneraf session.
.sThe question, therefore, IL. 90 the
nroposed amendments furnish any JUS
tification for the conyening OF the Leg
islatufe? The hrst demand - TOT
con stitutional amendment providing Tor
biennial sessions. At the last election
an Amendment of this character, sub
mitted by the same body now to be
convened, was rejected by the people.
THE aame was true Of the county
Amendment. Does the re-submission
nv the same law-making body OF the
same amendments to the same people
in less than q year after their fe9eetion
furnish the extraordinary OCCASION
msntfoned In the constitutionf 1t Is
time that no question IL finally settled
tIl IL Is settled right, but who Is TO de-
termine that matter. the Governor or
the people who are In theory even his
sovereigns?
MOREOVER can any one contend that
any present relief could be secured by
the re-submission and adoption OF the
biennial session amendment. TIL the
close of the regulxr session. which
meets in 1911, we already have the BIZ
ennial system. The next regular term
will convene in less than two years
from this date and. therefore, II the
proposed amendment was adopted this
fall II would not go into effect till
1919.
why This UTgencyr
1T 10, therefore. evident that 1t
would be time enough to submit this
question to the people In 1911. The
legislature which then convenes Will
be fresh from the people. voieing their
sentiments, and II there is demand
for the restoration of the biennial
system it can be submitted and adopt
ed in time to continue the biennial
meeting of the legislature from that
date. Therefore no one can reasonably
claim that anything is to be gained
by the resubmission Of this question
10 the people at this time. Why then
this urgency, why then Is this amend
ment made the first subject of the
proclamation? Is 1t because the COVER
nor believes the legislature will be
more subseryient to executive dicta-
ton than the one which, holding fresh
commission from the people, will meet
in 1911? 1t might be lese majestic to
intimate that the suggestions Of GER
tain correspondents that certain con-
stitutional inhibition as to guber-
Material aspirations for the senatorial
toEa might be obviated by the I'm
mediate restoration of the biennial
.vstau, ~ fhere 20 anv basis for these