Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-01-06
IN OPINION HANDED DOWN THIS MORNING TO SECRETARY OF STATE ANTONIO ERO
FRANK CLANCY DECLARES He FAILS TO SEE HOW IMPENDING SESSION OF LEGS
LA CAN Be CALLED THE FIRST PROPER SESSION REQUIRING THE STATE
SECRETARY TO Open IT.
"SUCH CONSTRUCTION DOES VIOLENCE
TO CLEAR LANGUAGE OF CONSTITUTION,

: ed in effect that their term of offic
should expire at the same time as
they had been elected in Novembe
1912. They were not given a ne,
term of office to begin as though the
: had been elected in November, 1917
|, but their term of office was made t,
run from the date of their qualifica
tion until after the election in 1914
Ordinarily the first session of an,
I Legislature will be the regular one il
January next after the election IL
November, but as the governor ha!
power to call special sessions of the
Legislature, we might have a number
of sessions of the same Legislature
within the meaning of the constitu
ton. 1t is inconceivable that the
constitution can mean that at each
| of these sessions when called a new
! speaker must be elected, especially
when we consider that such called
/ session can not exceed thirty days in
length and much time might be con
sumed in the preliminary work of or
ganization.
81 am unable to see any way to
avoid the conclusion that the ses-
sion of the legislature held in pur-
suance of the governors proclama.
tion, which expired in June last, and
the approaching session to be held on
the second Tuesday of this month,
are only two sessions of the same leg
islature and that if the governor
should call several special sessions
between now and November 1917
they would all be sessions of the
same legislature, and that the organi-
Zation of the house perfected at the
first one would continue unless dis
placed by vote of the house itself.
1T has been suggested that section
eight of article w indicates that
each session is to be separate or
ganization because it provides that
the senate shall elect a president pro
tempore who shall serve until the
next session of the legislature. But
it is to be observed, however, that the
election of president pro tempore
is not essential to the organization
of the senate or to its power to trans
act business. If there were dead
lock as to such election, business
would undoubtedly go on and the
lieutenantgovernor would preside ov-
er the deliberations of the senate;
but as to the house there appears to
be 10 way of doing business until
the speaker is elected and if it had
been the intention Of the constitution
to require the election of a speaker
at each session of the legislature it
would have been easy to say so just
as is said with regard to the presi-
dent pro tempore of the senate With
that provision with regard to the
senate and the omission of any simi-
lar provision as to the speaker of
the house, the argument seems strong
that the speakers term of Office con-
tinues from one session to another
unless terminated by the house it.
self r
Some light may be thrown upon
this question by reference to the
practice as to the organization of
the national house of representatives.
Congress by the constitution, in the
absence of any different provision
by congress itself. holds regular ses.
sions beginning on the first Monday
of December in each year. the first of
such regular sessions being about
thirteen months after the election of I
the representatives. There is neith- +
ar constitutional nor statutory direc- (
tion as to the details of the organi- /
zation of the house beyond that which
makes 1t the duty OF the last clerk of I
the house of representatives to make
up roll of-the members-elect. In !
actual practice the clerk calls such /
roll and the members so called upon !
the roll proceed to the election OF
speaker, the clerk presiding until
that election is had. The members 7
of the house then take the oath of !
office and proceed to business. 1t
las happened many times that the !
president Of the United States has
called congress in special session at !,
times previous to the beginning of |,
he first regular session of that body. 7
At such special sessions the house
las always elected speaker who
1as continued in Office until the expi- |
'atfon of the congress no matter how
many sessions there might be.
81 have heard 1t suggested that the
irst session of our legislature is not
% be considered as a regular session
thereof, but as special or extraord-
mary session called by the constitu-
lion for the purpose of setting the
tate government in operation and
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