Daily capital journal. (Salem, Oregon) 1903-1919, 1913-03-03
AN EVIDENT ABSURDITY.

" general opinion Of the Oregon
ian, as expressed in big front
page story Saturday, to the effect that
laws passed by the Legislature would
never go into effect unless the legis-
lature officially adjourned, we cannot
but feel that the big paper for once,
is decidedly off. Common sense Is
the best common law, because that is
what the common law is, just a hule
Of action, based on common sense
principles, and 1t is absurd to even
imagine the only way the Legislature
can cease to exist, can end its ses-
sion is by its own act. Cromwell
forclbly pointed out another way. 1t
does not necessarily have to commit
suicide, for it may die natural
death.
The legislature is either in session
or It isn't and who could claim for a
minute that 1t was in session, when
the stalwart forms of Malarkey and
Pat Macarthur were not in evidence,
and the members Of the legislature
were at home, attending to business,
and refusing to assemble. Again,
suppose when the roll is called here
Tuesday that it would show only a
minority present. Suppose, on top of
this, not enough other members could
be forced to attend to make a quorum.
Does the 0regonian mean to say that
all this minority could do would be
to remain here, adjourning only from
day to day, indefinitely and without
stay there?
pay? THAT 1t could not go home and
Again, suppose this minority should
60 home, without adjourning to
fixed day, does the Oregonian main
tain that the legislature was still in
session? II this is the condition,
then, in case of necessity, as required
by the constitution, could the COVER
nor call an extra session OF the legis-
lature, while the legislature Is already
in session? Again, would there be any
way Of terminating the session, 9th
err than by the expiration of the leg
islators' terms of office? In fact,
when the Legislature quits business
and goes home, is it not just as thor
oughly adjourned as IL II had SOL
emnly asserted by concurrent resol-
luton that It had adjourned? Would
not common sense say that when it
actually adjourned II was adjourned,
whether It said so or not?
The constitution says the bills shall
go into effect 800 days after the legls-
latiye session ends" not after 1t has
adjourned and it surely ends when it
quits and goes home.
Then again, IL the minority connot
adjourn, can't do anything else? Can
II Discharge the employees now on the
payroll, or will they continue to draw
their salaries until January, 1915? II
the minority cannot act, only to ad-
journ from day to day, then 1t cannot
discharge the employees We are Of
the opinion our big contemporary is
sadly off in its Interpretation of the
law. and that the opinions on the
subject, which were given it, cost
nothing, and, like all other legal
opinions under such circumstances
were worth just what they cost Read
Ing between the lines It is evident
that the Oregonion is anxious to have
the boys get together again, and is
giving them a big scare,
II may be that the story Of Chamber
lain being made a member Of the Will
son cabinet, has something to do with
the Announcement being at least a sec
ondary consideration, This, If Wilson
named his cabinet at once, would find
the legislature in session, and II
Chamberlain accepted and resigned
the sonat0rship, Il would be able to
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