Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-01-06

today handed down an opinion ant
withheld" an opinion
The one he handed down was tina
he fails to see why a new organiza
tion of the house is required at thu
impending session beginning January
IA, and that any change rests witt
the house itself. The attorney gen
eral believes that the first session o
the legislature was regular ses
sion"
The opinion he withheld was re
garding the LEGALITY OF Senator
Falls second election"
"As to that subject said the At
torney General smiling broadly, 81
have no opinion to express officially
concerning it UNTIL | AM CALLED
UPON IN SOME OFFICIAL WAY
TO DO So
Mr. Clancy's opinion regarding the
organization of the house at the
forthcoming session is as follows:
January 4, 1913.
Hon. Antonio Lucero, Secretary of
State, Santa Fe, N. NJ.
Dear Sir--I have had your letter
of the 28th ultimo on my desk for
some days but have not been able
to make answer to it. In that letter
you inquire whether the language of
section s of article w of the const-
tuition, makes it the duty of the sec
retary of state to call to order the
house of representatives every time
there is a session held and to pre-
side over it's deliberations until the
house has elected, by a majority vote,
one of its members to be its presid-
ing officer or, speaker.
Having been informed that there
is some diversity of views on this
subject, with special reference to
the approaching session of the legis-
lature, l have made some effort to as
certain what can be urged for or
against its being your duty to call
the house to order when it next
meets. | learn it is urged by some
of those who are of opinion that there
must be new organization of the
house at the approaching session by
the election 'of new speaker, that
the constitution provides a general
system of elections to be held in
the state on the Tuesday after the
first Monday in November in each
even numbered year." (section of
article XX) and that in January, next
after each of such elections, the leg
islature is to meet in regular seS
sion, (section of article IV), and
that the direction as to the duty of
the speaker contained in the section
referred to in your letter applies to
the regular sessions held in January
next after the regular elections held
in November, and that in accordance
with this general system the ap-
preaching session OF the Legislature
must be considered as one at which
it is your duty to preside until al
speaker is elected.
ut is undoubtedly true that the
constitution does contemplate, after
the first state election, that each reg
ular election shall be followed in
January by session of the legisla-
ture and there is no doubt that at
such sessions it would be the duty
of the secretary of state to call the
house to order and to preside until
a speaker is elected; but | am unable
to reach the conclusion that this
has any application to the approach.
ing session of the legislature. The
constitution provides in section five
of article Nv that the first session of
the legislature shall begin on a day
to be specified in the proclamation of
the governor which proclamation is
provided for in section 20 of article
XXI, and that subsequent sessions
shall begin on the second Tuesday of K
January next after each general cleo
tion. No distinction is made as to
the character of that first session
and the subsequent sessions That
first session is provided for by the
constitution Just as completely as
the subsequent sessions, and the last
sentence of said section five indicates
that it is a regular session" just as
much as any subsequent session, as
it says "No regular session shall ex- n
ceed sixty days, except the first,
which may be ninety days"
"The first election was held in No.
vember 1911, at which members of
the house of representatives were
elected. Ordinarily their term of Of
fee would, as provided in section
four of article Nv of the constitution.
be for two years, but by section TWEEN.
.y-two of article XIII it was provid.
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