Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-18
Should Congress Convene Itself?

Should Congress Convene Itself?
Louder and more determined be-
comes the clamor that Congress con-
vene at once. The President Isl in
Europe and may not return to this
country for two months or more.
Before he sailed on his second voy-
age to the peace congress he bluntly
notified the country that a REPUB-
LICAN Congress should not sit in this
country during his absence. On his
first departure he had informed the
country that DEMOCRATIC Con-
gres could go ahead just as we'll with
out him as with him-and il could,
for it would do nothing in either case.
He further declared that he would be
in constant touch with the Congress
that has just expired and would ad-
Paris as from the White House.
But the President ha., determined
that the new Congress (Which is Re
publican) shall not meet the business
distress Of the country until he can
be present to share in the honors Of
the relief-and he prefers to be in
Europe at this time.
Meanwhile conditions are daily 60
ing from bad to worse in this coun-
try until chaos is in sight. The great
appropriation bills were not passed
by the last Congress and. as a result
of the failure of the army bill the
regular army on June 80 next, will
automatically fall to its pre-war foot
ing Of 175,000 men. AS we are obligated
to our allies to maintain "over there"
an army Of half million men, we
can understand why the drafted forces
are kept over there. and will be kept
there until President Wilson gets
good and ready to call Congress to re-
Iieve conditioner until Congress
convenes itself and acts in spite o.
the President.
Certainly such course by the leg
islative body would be no more dis
courteous to the executive than was
the Presidents course in ignoring
absolutely the L. S. Senates treaty
making interests and rights when he
named the makeup of the peace
commission and went himself to
Europe.
Nor is the proposition that the
Congress convene itself so far beyond
the bounds Of reason. precedent and
provision as was the President
course in going to Europe.
AS to the constitutional right of
the Congress to convene without a
Presidential proclamation. one Of the
best arguments we have seen was
published editorially by the Albany
Journal:
The Constitution of the United States
provides a method for the converting OF
Congress. under the mandate that that
The exac, wording Of the Constitution
is as follows: Art. !. Sec. AZ: THE
Congress shall assemble at least once IN
every year, and such meeting shall be
on the first Monday in December, unless
they shall by law appoint different
day
1t would appear. from the reading OF
this provision that. unless Congress has
by law. which requires the signature. OF
the President. provided for day oti r
than the first Monday in December for
its annual meeting. ii could not Of itself
convene and transact business. This il
too strict construction OF the consttu-
ton. In the event. however. that a ma
jority OF each House of the Congress
should assemble. there is no power tc
prevent such meeting. The clause OF
the constitution above quoted is manca
tory as against a failure to meet, and
administrative for the purpose of pro.
>iding Il customary rule for meeting
but nothing in the constitution can DC
construed to prevent majority Of each
house from converting upon its own mo-
ton for the purpose Of transacting pub.
lie business.
Art .. Sec. 3. Of the constitution gives
the power to the President ION extra
ordinary ,r ocasions to convene both
the President. to call the Congress TO-
Eether. makes him a Judge of what is
AN extraordinary occasion; but /,
does not make him the sole judge. The
construe some occasion extraordinary
and convene itself for the transaction
Of the necessary public business t.
meet an extraordinary situation.
1t is not conceivable that the Congress
OF the United States should not have
power to convene itself during nine
months Of extraordinary national emer.
gency if the President happened to be
recalcitrant and refused to convene it
The legislative body of the nation is
Stitution: as follows: "Al! Legislative
powers herein granted shall be vested
in the Congress Of the United States
which shall consist Of Senate and a
gress represents the legislative power ,!
the people, and therefore is dealt with ir
the first article. The executive is dealt
with in article .. as it is the agent to
administer the laws which the Congress
enacts.
At the time when the impeachment OF
Governor Sulzer was under advisement,
the Legislature of the state of New
York happened to be in extraordinary
session called by Governor Suizer under
the provisions Of the constitution Of the
state OF New York. which provides that
at an extraordinary session no matters
can be acted upon except those present.
e. 81 20 n 1ne legislature BY the governor
attention to the fact-when the point
was raised that the Assembly of the
state. convened as It was in extraordi-
nary session. under this provision Of the
Governor Sulzer-that the power Of the
that 1t could convene itself for the pur.
pose OF Impeachment. 1t was incon-