The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-03-21
WITH THE EDITORS


& method for the converting of congress, under the
mandate that that body shall meet at least once a
wear The exact wording of the constitution is as
follows: Art. l, Sec. AZ The congress shall as
semble al least once in every year, and such meet
ing shall be on the first Monday in December, un-
less they shall by law appoint different day.
1t would appear. from the reading Of this pro-
vision that unless congress has by law, which
requires the signature of the president, provided
Tor a day other than the first Monday in December
for its annual meeting it could not of itself con-
yene and transact business. This is too strict a
construction Of the constitution. In the event,
however, that majority of each house of the con-
greSs should assemble. there is no power to pre-
vent such meeting. The clause OF the constitution
above quoted is mandatory as against failure to
Meet and administrative for the purpose of pro-
,iding customary rule fer meeting; but nothing
in the constitution be construed to prevent a
majority Of each house from converting upon its
own motion for the purpose Of transacting public
business.
Art ?, Sec. g. Of the constitution gives the
power 10 the president ION extraordinary occasions
10 convene both houses This power, which in
heres in the president, to call the congress to-
ge-n4r makes him a Judge Of what is IAN extra.
ordinary occasion: but it does not make him the
sole Judge The majority OF the, congress may IT
Se.- corS-rIe some occasion extraordinary and
convene itself -or the transaction OF the necessary
public business to n2ee- extraordinary situation.
Ii is not coLceig ab.e that the congress Of the
United STATES should not have power to convene
i-Sel: during nine months OF extraordinary ma
r5onaL ee-g=rscv If the president happened to be
recalci--z1. a11 refused 10 convene IT, <-,-.
The legislative ocdy q the nation is provided
for in Ar. !, Sc Q: tne constitution, follows:
al legislative powers herein granted shall be
r-es1ed IN TIE congress Of tie United States which
shallce-ss o. Z senate and house Of representa-
tires The congress represents the legislative
power O. tie people, and therefore is dealt with in
me first article. The executive is dealt with in
ric!e 2 as il is me agent 10 administer the laws
which the congress enacts.
- rhe time when the Impeachment Of Cover
nor SIlzer vas under Amusement, the legislature
Of the state Of New: York happened to be in extra
ordinary: session called b: Governor Sulzer under
the provisions Of the constitution Of the state Of
New York, which provides that at extraor-
binary session no matters can be acted upon except
nose presented the legislature by the governor.
The Even;ng Journal at that time called attention
To the -acr-when the point was raised that the
assembly Of tie state convened as was in extra
stitution, had no power 10 inpeach Governor Sui
zer-taat the power Of the assembly to impeach
lay at an: time that it could convene itself for the
purpose Of impeachment II was inconceivable
that to the assembly, in which was lodged the
power Of impeachment, the opportunity to exercise
that power should be denied because If did not
happen to be in session. This argument was &C.
ccpted by the Court Of Impeachment, and Governor
S1tlz irIa iii If
the letter Of the constitution Of the state.
1t is equally true that the congress Of the
United States may convene itself for the purposes
Of the nation which it represents, regardless Of the
proso referred to at the beginning Of this article.
The congress just adjourned without day, spent
,hree months doing practically nothing and left
public business Of the United States uncared for.
Most important measures failed Of passage
through that neglect. The army and navy bills
and railroad deficiency bill all failed. 1t is
sary that these measures be passed, and that con-
structive legislation be enacted Mr.. Wilson has
announced that he will not call an extra session Of
the congress until he has returned to America
Curiously enough, he asserts that the congress
ought not to be in session while he is in Paris,
although he absented himself and remained in
Paris during practically the entire short session,
which began in December, and closed on the fourth
of March last. He has conveyed the impression
that democratic congress might sit while he is in
Paris, but that republican congress shall not be
permitted to do so.
| The congress should assemble almost immedi-
ately. AS the president has announced that he will
not convene it under the power granted to him in
the constitution, it should exercise on its own mo
ton its undoubted right to act 50 that the business
| Of the United States which demands attention may