The sun., 1919-03-10
VIEWS DIFFER
ON RIGHT TO
CALL CONGRESS
Claim That 1t Can Convene
Itself Starts Wide
Discussion,
WHITMAN IS OPPOSED
Party Leaders Not Agreed
That Presidents Action
Is Not Necessary.
WHITMAN IS OPPOSED


William Barnes Is editor. which argued
that Congress should convene itself" Il
session 80 that the busi
ness OF the United States which de
mands attention may be done" Consti
tutional lawyers and Congressman wer
In deep discussion as to the possibilit.
of Congress being legally able to con
vene itself by authority of the "extraor
binary occasion clause in Article
section 3. of the Constitution. The gen
eral tone of opinion of those reached b.
THE Sun yesterday was negative.
The editorial follows:
THE constitution of the United
States provides a method for the con-
vening Congress, under the mandate
that that body shall meet at least
once year. The exact wording OF
the constitution is as follows: Art. l.
Sec. AZ: The Congress shall assem-
bio 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..
at would appear. from the reading
OF this provision that, unless Congress
has by law, which requires the sigma
ture of the President. provided for a
day other than the first Monday IN
December for its annual meeting, II
could not of itself convene and trans
act business. This is too strict a
construction of the constitution. In
the event however, that majority
OF each House of the Congress should
assemble, there is no power to prevent
such meeting. The clause of the con-
stitution above quoted is mandatory
as against a failure to meet, and
administrative for the purpose of pro-
viding a customary rule for meeting;
but nothing in the constitution can be
construed to prevent a majority OF
each House from converting upon its
own motion for the purpose OF trans
acting public business.
art. ., Sec. 3. of the constitution
gives the power to the President ON
extraordinary occasions to convene
both houses This power, which
inheres in the President, to call the
Congress together, makes him judge
OF what is AN extraordinary occa-
sion: but It does not make him the
sole judge The majority of the Con-
eress may itself construe some
occasion extraordinary and convene
itself for the transac action of the neces-
sary public business to meet an extra
ordinary situation.
1T is not conceivable that the Con-
Hress of the United States should not
have power to convene itself during
nine months of extraordinary ma
tional emergency IL the President
happened to be recalcitrant and re-
fused to convene It
THE legislative body of the nation
r. provided for In Art. l. Sec. or
the Constitution, as follows; All
legislative powers herein granted
shall be vested in the Congress Of the
United States, which shall consist OF
a Senate and a House of Representa-
tlvee.' The Congress represents the
legislative power of the people, and
therefore Is dealt with in the first
article. The executive is dealt with
in Article 2, it is the agent to ad-
minister the laws which the Congress
enacts.
"At the time when the impeach-
nent of Gov Sulzer was under adj
visement, the Legislature of the State
of New York happened to be in
extraordinary session called by Gov.
Sulzer 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 presented
TO the Legislature by the Governor.
The Evening Journal at that time
called attention to the fact-when the
point was raised that the Assembly
Of the State, convened as 1t was in
extraordinary session. under this pro-
vision of he Constitution. had no
power to impeach Gov. Sulzer-that
IF 70 g,,,
peach lay at any time; that 1t could
convene itself for the prpose of i'm
parchment. 1t was inconceivable
that to the Assembly. in which was
lodged the power of impeachment
the opportunity to exercise that
power should be denied because II did
not happen to be In session. This
argument was accepted By the Court
of Impea chment, and Gov. Sulzer was
convicted, apparently In violation OF
the letter of the Constitution Of the
State.
ut Is equally true that the Con.
gress OF the United States may con.
vene itself for the purposes OF the
nation which It represents, regard.
less OF the proviso referred to at the
beginning of this article. The Con
Eress just adjourned without day
spent three months doing practically
nothing and left public business OF
the United States uncared for
Most important mea sures failed o,
passage througn~s&, neglect Tit
army and navy bills and railroad
deficiency bill all failed. 1t /,
necessary that these measures b.
passed and that constructive legis
lation be enacted. Mr.. Wilson ha
announced that he will not call al
extra session of the Congress unit
ne has returned to America. Curl
ously enough he asserts that tn,
Congress ought not to be In session
while he Is in Paris, although N
absented himself and remained ii
Paris during practically the entir
short session. which began in De
cember and closed on the fourth o
March last. He has conveyed tn
impression that a Democratic Con
gress might sit while he is in Paris
but that a Republican Congress shall
not be permitted to do so.
THE Congress should assemble al
most Immediately. AS the Presiden
has announced that he will no
convene 1t under the power granite
20 him in the Constitution 1t shout
exercise on its own motion Its un
doubted right to act, 50 that tn
business of the United States whic
demands attention may be done.
other Views on the Issue.
Former United States Senator Ian
A, O'Gorman said that the matter
volved a constitutional question VIII
~ thought was too important for i
90 hazard a hasty opinion upon.
There are many men in Washingt