The comet. (Johnson City, Tenn.) 1884-1916, 1911-05-11

contemplation of the law, and mus
Z remain in session uutil adjourned il
manner and form as required by law
Each house has all the powers of
legislature or free state (Art. ~, as i
would not have if any governor o
squad of quorum-breakers can adjourn
it at pleasure. Under our constitution
neither house can present, and
quorum being present, neither house
can adjourn without day without the
concent uf the other house. AS con
sequence, the legislature is now in
actual legal session, although for lack
of a aquorum in one house business
cannot be done.
"The constitution of some states give
the governor power to adjourn the
legislature. The constitution of the
United States gives the President the
power to adjourn special sessions of
congress, but neither of thoes powers
is conferred OH the governor by the
constitution of Tennessee. He has no
power over the legislature or its
sessions, and his power over legislation
is quite limited. He can veto bill,
but it can be passed by the same vote
over his veto by which it was passed
in the first instance.
"The reasons why the governor ought
not to have power over the sessions of
the legislature, and does not in Tennes-
see, are these; That body is elected to
enact laws, and for no other purpose.
If governor preceived that laws were
about to be passed that nteafered with
minority disapproved, but could not
defeat, he could end every regular ses-
sion by adjourning it, whether the pay
days had expired or not-since they
have no relation whatsoever to the
duration of the session itself. He
could then call special session, man,
ing only thoes thing she and his desir-
ed, and thus thwart and defeat the
majority at all times.
Advice rendered.
consequently, advise you:
81, That this regular session of the
Legislature may continued until No
vember, 1912.
SO 1t can be adjourned only by it.
self-that is, by its two houses.
"3. Neither house can adjourn I'M
less quorum be present; but
'4. A less number, even two, can
adjourn it from day to day.
rs. The governor cannot convene
the legislature in extra session, or
special session, or longe as it legally is
in regular session.
So If the governor does assume to |
it in extra session, when as
sembled particularly if your ad-
journments are kept up from day to
day. it will, nevertheless, actually be
in regular session, and may proceed to
egislate upon all subjects without
restrained by the governors proclama-
lion.
"It results that ycu are masters of
,he situation if you steadily maintain
your present attitutude and position.
"If may add some general observa-
ions, would say thit:
'FThat two graves and far-reaching
questions aae presented by the present
itnation in Tennessee. One is weather
II not the will of the minority of leg
slsture shall be thwarted and defeated
~ the lawlessnPss of minority. The
'ther is wheather governor, through
lawless quorum breaking minority,
an control the subjects of legislation.
"Outside of these questions, which
ught to challenge the attention of re-
Letting persons, regardless of party af
lliations. is still another question
which addresses itself to the democrats
f Tennessee and to such republicans as
esire fair dealing in poitices, and that
J: Is the majority pvrty entitled to
ood faith bona fide representative as
lajority party on the board or election
If anyone were sim
lemiEded enough to believe that that
overnor did not advise the quorum
reakers to abscond, even he must ad-
lit that the governor approved it by
is silence and failure to condemn, and
lclS of open effort to induce them to {
,turn. Undeniably, there would come .
ack at his call. By his attitude, he }
fl
,erts that it is the rig ht and duty or F
minority sufficiently strong to break n
quorum to abscond and take refuge n
a foreign jurisdiction so as to defeat
4 legislation, because the majority :
in enact some legislation which the :
,vernor and his minority absconding = :,
lherents do not desire. :
81 cannot believe that that the people
Tennessee will approve such action. B
ublic condemnation, and the neces- II
ep for public appropriations will g
mpel the fugitives to return, and ',
I'M, unyeleding, uncompromfsing m
and should be taken which will Ia
event prevent repetition of this "
wlessness in the future. VI
''John J. Vertrees." ~,
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JMMER HOTEL BURNED "