Evening star., 1919-03-20
Extra Session Called by Law.
Tci1he Editor of The star.

TUfhe Editor Of The star.
That the Sixty-first Congress failed
to take advantage of ample precedent
afforded by the official records to fix
date for the meeting of it's success
sor in extraordinary sessioitS-is shown
by reference to the act approved Jan
uary p. 1867. On the opening day OF
tie second session of the Thirty ninth
Congress, December 3, 1866. Repre-
sentative Schenck of Ohio offered a
bill providing for the assembling OF
the Fortieth Congress on March 4, fol-
lowing. and during the day James A.
Garfield. member from Ohio, urged
the immediate consideration of the
bill as a special order, but finally
consented to have it referred to the
committee on judiciary. AT thit time
strained relations existed between
the President and Congress, and there
was constant turmoil between the
White House and Capitol Hill.
On the same day Representa- tive
Schenck introduced the bill Thaddeus
Stevens of Pennsylvania moved that
. the. annual message of President
johnson be read, ard then added, "a
copy of which 1 send to the clerk s
desk" 1t seems that a newspaper call
ed the Constitutional Union had print
Cd the message that morning prior to
the assembling of Congress, and Mr..
Stevens alluded to the paper as 1.-The
official organ of the administration. -
The advocates of the bill claimed that
unless a session were provided for
prior to the first Monday in Decem- :
bcr of 1867 some states where con-
gressional elections had not yet been
held might be shut out from repre-
sentation. But it was well known that
the real purpose of the measure was
to circumvent the chief executive in
his persistent efforts to disparage and
defeat the reconstruction policy of the
Congress.
The bill passed the House by a vote
of ISL ayes to only 43 noes, and read
BE it enacted by the Senate and
House of Representatives in Congress
assembled:
Section 1. That in addition to the
present. regular terms of the meeting
of Congress there shall be a meeting
Of the Fortieth Congress of the
Congress thereafter, at II O'Clock
meridian on the fourth day of March,
except that when that day fails on
Sunday, then the meeting shall be
held on the next succeeding day.
Section 2. That no person who was
a member of the preceding Congress
shall receive any compensation a.
mileage in going from or returning
to the additional session as provided
in section l Of this act"
The Senate debated the measure
quite generally. but voted down al
amendments proposed. ard the origi-
nal bill passed that body by 20 ayes,
Ioes. thirteen not voting.
One of the arguments advanced ir
support of the bill had bearing or
the presidential successor. At tha
time. as the law of succession stood
the Vice President would. in the even,
of the death, removal or disability o.
the President, assume the function.
of the high office, and next in line wa!
the President pro tempore of the Sen
ate and then the Speaker of the
House of Representatives. 1t wa.
pointed out that there was no Vice
President OF the United States and nc
Speaker of the House Of Representa-
tives and would not be until the sue
Feeding December. unless the new
Congress organized and elected
Speaker. Moreover, it was urged tina,
the Fortieth Congress should meet ant
perfect its organization and be read.
for any possible emergency. Senator
Hendricks of Indiana and severa
other democratic senators opposed
the bill and tried to amend il, but e
no avail. In later years the act o
January %, 1867, which is chapter II
OF the second session. Thirty ninth Con
gress. was repealed.
FREDERICK A. JOHNSON.