The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-09-23
Connie Mack Will Give
His Players a Vacation
SULZER LOSES
Cconsa,.sa ,rss. Ttrss Psr>,

W u oy tne governor should De given
reasonable construction. II upheld
the contention Of the prosecution that
the provision referred to the legisla-
ture as q whole and not TO the as
sembly ss an independent body.
SO construed" said Judge Collin.
these subjects all relate to what the
legislature rs a body can do and no,
TO the power vested in one branch
OF the legislature"
The Only Negative Vote.
The tentative roll call brought from
Senator wende the only negative
vote The call was followed by a
viva voce vote and then with a final
Toll call with the same result Wende
explained his vote in a brief argu-
ment In which he held that when the
assembly adjourned sine die some
weeks before reconvening to bring
the Impeachment articles They fore
close their right to act upon any
question OF impeachment when called
together In extraordinary session"
Judge Collins opinion I'm part was:
1t is urged by the learned counsel
Tor the managers that the Assembly
mas the inherent right TO meet at any
utne and present articles of impeach-
meut- From that doctrine | dissent In
1910. IL Is true that IL Is the Assembly
mat has the right given it by the con.
sutution TO impeach. but the Assembly
does not consist OF the Individual mem.
oers OF Its body except when they are
duly assembled. That is plain ele-
mentary parliamentary Law. IL Is also
the common Law applying to all bodies.
The individual action. even OF a.
majority. does not constitute the &C.
ton OF the body. whatever IL may be-.
unless all parties have had an oppor.
tunity to attend and be heard Anvil
other rule. it seems To me. would
cause. or might cause. inextricable
confusion in the management OF pub
lie affairs.
Would lead 70 Anarchy.
If we assume that any member OF
the Assembly may conven. that body.
or The Speaker for the purpose OF i'm
parchment. the body so meeting would
have no power TO protect itself n.
would be scene OF disorder. and al
so. before there had been any cleo
uOn OF 4 Speaker. one member might
convene IL at one spot and one al
another. II would lead to anarchy
The extreme that has been suggested
VI.
while II il theoretically no>sible 10 i'm.
a"ir". an dquiie probable. I think little.
weight should be given 20 IT, Anyway
extreme cases do not control the con.
s'ruc'ion Of statutes or constitutions
The constitution gives the Assem-
bly power to impeach. u was in rogu-
lar session ! use regular session in d
the sense that II was regularly con
vened. in response to a call nv the
Governor. Now. having the power OF
impeachment. il could exercise thai
any time unless we find another pro
vision in the constitution which re
st lets II or forbids g. That provision
is claimed 70 be found i'm the fourth
section Of tho fourth article Of the
constitution. in which II * said:
AT extraordinary sessions on sub
ject hall be acted upon except such as
The governor may recommend for con-
Not Ordinary Power.
Does that apply 10 this power Of
impeachment? II is urged. Of course, |
that this IS not an ordinary leCisla- .
tiv" power except IN he sense that =
that is done by the legisla- +,
ture l. legislative. The counsel for |
the RESP ondent contend this includes /
all business that may he transacted BY !
either house OF any character.
\ow. there would be force I'm that I
argument II there were not other facts !
that really abrogate the force Of me f,
.lr-umen, and tend 70 establish a con T,
trary proposition"
After giving his Interpretation OF I.
the mcanirg the trainers intended to
convey. .iudee Cullen concluded.
Il think that when II was said that
tho Governor shall submit business tor
Iteration 20 the Legs aturc. 10 vas
the governors business that was
meant. and not that Of the Legislature
NOT - M" senate. But 10 gave tho
assembly the RIGHT 10 impcach.
= am therefore Of the opinion that
this rirht doe not come within Tho
o. the constitution. We
must rI'r a reasonable construction -f
%. and. 20 construed. the subjects all
relate 10 what the legislature az \
BODY can do. and not 10 the power vest.
% IN one branch % the Legislature
vote no"
The secret session % N. court
.asied nearly an hour During the .
meeting newspaper mon and even the +
attorney Tor the opposing sides vero
cXclu ted