Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-10-28
STATE PUZZLE PICTURE,

and the; the 5sIsraI Split ana 1p.er
81 o.. primary and general eleos1o.
ie-'s Tiil PERM. the secretary 6
state and other officers whose duty
is to make up the general elect1o
ballot, to place the names of the var
GUS party nominees for the office o
United States senator at the Jun
primaries on the Australian genera
election ballot. to be voted at the To-
lowing general election. t2i'
Third. Section 8, Of Article !, Con
-stitution of the United States, oefor'
being amended by the 18th amend
ment, provided:
"If vacancies happen, by resigna
O or otherwise. during the recess
of the legislature Of any state, tn
executive thereof may make temper
airy appointmnts until the next meet
ing Of the legislature, which shall
then fill such vacancies
Paragraph 2, Of the 18th amend
ment, provides that the legislature:
of any state may empower the eXecu
tive officer thereof to make temporary
appointments until the people fill the
vacancy by election. as the Legislature
may direct. You will notice that the
language Of Section 3, prior to Its
amendment, authorized the Governor
to fill vacancies caused by resigna
ton or otherwise, during the recess oil
the Legislature, such appointment tc
last until the next meeting of the leg
. islaturc, when the legislator should
FIJI such vacancy; whereas. the Ian
guage of the.17th amendement Is that
the legislature may empower the exc
utiv to make temporary appointments
until the people fill the vacancy by
election as the legislature may d.
rect. Under tho 18th amendment
the legislature must first empower the
executive to make such temporary
appointment, and es2ond, provide for
the expiration of the temporary ap
pOintment.
Fourth. Section IS, Constitution OF
North Dakota. provides:
"The Governor shall have power to
convene the legislative assembly on
extraordinary occasions. He shall, at
the commencement of each session.
communicate to the legislative as
se:nb!y. by message. information OF
the ondit'on of the state and recon,
mert such measures as he shall deem
exred'ept.'
The Constitution expressly author
i7es tho Governor to convene the leg
|slative assembly on extraordinary &C
cas'ons. but nowhere do l find, in the
Constitution, any language that would
seem to authorize the Governor to
limit the. su5jec::s on which the legis
lature may legislate when once con.
ened In .Cooley's Constitutional
Limitations, 9TH Ed, Page 222. the
rule is laid down that the Governor
may convene the legislature in extra
ordinary session o. extraordinary oc-
casions, but when. convened the legis-
lature Is not confined to a considera-
ton of such Subjects as its attention
is called to by the proclamation or
message Of the Governor. They may
legislate or any subject as at a reg
ular session, except in states where
the constitution, in express terms,
provides that when convened in extra
session the legislature shall not o n
" o1S.Cl tl1ly cuOJCCV CASCPL IANI All
which they were specially called to-
gethcr, or which may have been sub
mitted to them by special message of
the Governor. -t. ~
The constitution Of Kansas is sub
stantially. Our constitution, providing
that the Governor may, on eXtraordi-
nary occasions, convene the legisla.
ture by proclamation. In Farrelly VS..
Cole, 60 Kans. 356. it is said:
"'The question of the existence OF
an extraordinary occasion of sufficient
gravity to justify a call for an extra
session Of the legislature is 10 be de-
ter2lined by the Governor alone, in
the xercise of his discreitno as 4
sworn officer, and this discretion is
not subject to challenge or review by
the courts"
And Further:
Tho legislature, when convened
could wholly ignore the reasons given
by the Governor calling it together.
and disregard entirely all suggestions
made bv liEl touching the necessity
OF the proposed legislation. Not be-
irAg restricted by the Constitution to
a consideration OF matters within the
limits Of the Governors proclamation,
Il might proceed to enact laws having
no relevancY%t to the object for which
it was convened
Section III Constitution of the
State of Iowa, provides:
"The Governor may, on extraordi-
nary occasions, convene the general
assembly by%proclamation, and shall
state to both houses, when assembled.
the purpose for which they shall
have been convened"
1t would seem that the above quot
ed provision more strongly favors the
implied authority Of the Governor to
limit the legislature in it's power to
legislate to such subjects as are with
in the purpose Of the Governor in con-
vening the same than the provision
Of u Constitution. The question as
to whether the Governor, under the
Iowa Constitution, could limit the sub
jects which, the rsgfslature could leg
islate on at a special session was
before the Supreme Court Of Iowa
in the case of Morford VS.. Unger,
S Ia. 81, where it is said:
when the Legislature is lawfully
convened. whether in virtue Of the
constitutional provision or Of the
Governors proclamation, the full and
exclusive legislative authority of the
state is vested therein. The
1ppicIat,1rc hnc @fhp% scina nOuar and