The Sentinel=record., 1913-09-23

some weeks before reconyenine Ia bring the impeachment articles they tOreclosed their right to act upon any question of impeachment when called together in eXtraordl. nary session.
 Judge Cullen's opinion in part was
 Ut is urged by the learned counsel for the managers tha- the assembly has the inherent right to meet at any time and present articles of inn peachment. From that doctrine | dissent in toto. l. is true that it is the assembly that has the right given it by the constitution to impeach. but that assembly does not Consis' of the individual members of it's body eA- cept when they are duly assembled That is plain. elementary parliamen- tary law It is also the common law applying to all bodies.
 The individual action even of q majority does not constitute he ac- ton of the body, whatever it may be, unless all parties have had all oppor- tunity to attend and be heard. Any other rule. it seems to me, would cause, or migh. cause. ineXtricable confusion in the management of pub lie affairs.
 If we assume that any member of the assembly may convene that body, or the speaker for the purpose of i'm peaehment the body so meeting would have no power to protect itself. It would be scene of disorder, and if so, before there had been any cleo ton of q speaker. one member might convene il at one spot and one at an other IL would lead to anarchy. The extreme that has teen Su5ges ed that a governor might commit trea- son, while it is theoretically possible to imagine, it is quite improbable, and l think little weight should be given to it. Anyway. extreme cases do not control the construction of statutes or constitutions.
 The constitution gives the assem- bly power to impeach. 1t was in regular session in the sense that it was regularly convened in response to a call by the governor Now, hay ing the power of impeachment, 1t GOulu G&tItiot Aidh diiS titAAN hAA less we find another provision in the which restricts it or for bids it. That provision is claimed to be found in the fourth section of the fourth article of the constitution, in which it is said:
 At extraordinary sessions no sub ject shall be acted upon except such as the governor may recommend for 
 Does that apply to this power of It is urged, of course, that this is not an ordinary legisla- tive power except in the sense that anything that is done by the legisla' ture is legislative The counsel for the respondent contend that this in- cludes all business that may be trans acted by either house of any charac- ter.
 Now, there would be force in that argument if there were not other facts that really abrogate the force of the argument and tend to estab. fish contrary proposition"
 After giving his interpretation of the meaning the framers of the con meant to convey, Judge Cullen concluded;
 q think that when it was said that .he governor shall submit business ,or consideration to the legislature, it vas the governors business that was meant and not that of the legisla .ure; not of the senate. But it gave he assembly the right to impeach. !
 T therefore am of the opinion that l his right does not come within the l imitation of the constitution. We must give a reasonable construction 1 ,f it, and, so construed, these sub | ects all relate to what the legisla | ure as body can do, and not to the | bower vested in one branch of the | egislature. 1 vote no"
 The secret session of the court ! asted nearly an hour. During the | meeting newspaper men and even the | attorneys for the opposing sides were | excluded.