The sun., 1919-04-02
CAM CONGRESS MEET ON ITS
OWN INITIATIVEi
A Suggestion Based on the ConstItu'
tons Use Of "Shalr' and "May."

tons Use Of "Shalr' and "May."
To THE EorToR OF THE suN-sir: You
answer the inquiry of a correspondent
! as to the power Of Congress to meet
in special session on It's own initiative
BY saying. Congress not in session can
not call itself together"
You reach this conclusion after point
Ing out (a) that Article l., section 4.
Of the Constitution provides peremptor-
lily for at least one annual session of
Congress and tentatively hxes a date
for such session, which, however. IL sub
ject to modification by Congress. and
(b) that Article IL, section s, gives to
the President power on extraordinary
occasions to convene Congress. or either
house. These are the only provisions
directly bearing on the question, and
you conclude from them that, while Con-
greso has the power by law to appoint
any date It pleases at which It shall
convene, II It adjourn without having
provided such date It Is helpless. II must
then wait for the regular annual SEES
sion or for the call Of the President.
Does this condition necessarily fol-
low? will not venture to answer either
pes or no, but should Ike to suggest
that a doubt exists. that the question
Is one that yet remains open for dis
cussion.
There Is nothing in the debates Of the
oonveption Of 1887 that would support
the conclusion, to which you reluctantly
=, A.. 1890. a.,
$50 o
eNe' co"io 'ose'neF oeiore next Deceih-
Der. The annual session was largely
agreed to In the convention, against the
objection that there might not be SUI
ec,.nt bu.,n.., % v,rra,, 90 r..,,., !.
-..., 49,, - 49,,
s. on '"e 'ey srounuS 'ha' eho
Nsisiature' besides iesIsiative' 10 10 nave
irquisitorial powers. which cannot safely
be long kept in a state of suspense"
/ rNason1 that ",here sboula ba one
n,..,,. -. 80, S.,,
and that such meeting was necessary
| "to superintend the conduct of thu ESx-
ecutive" [King1.
With this feeling in the convention
| vas II to be expected that the Coustiu-
| tion would place In the exclusive dis
erection Of the Neutrality-suspicious.
fl. such a case as the present. where
| the outgoing Democratic Congress would
naturally not provide BY law for an
early session of its Republican successor
tho calling OF Congress in extraor-
binary session? Did It in fact do 70?
Article H.. section q. reads A. follows:
He SHAH from time to time give 70 ths
Uonsrees ihIormsuon Oh 'ne "Ae OF tns
,,nn .,,os r,... Iu 80.
necessary and s,n.s,.nt. hs M, m
extraordinary occasions. convene both
houses, or either Of than. and In case
OF disbursement bstween them. with re-
spec 70 tne ufne OF ADJOURNMENT ne may
I'LL, -. ~ ~, W.. 80. ss
| dor. and oth.r ,rhuc u,n,u.r.. n. .n,,,
take care that the law. be fa,thf fully
executed, and shall commission all the
Officers OF the United States.
Thu its,c. rrat. INV no,nt. =, +hs
pres,d.n, ..bau" r.c.,y. enh..,.do-.
commission ofpcer. A. n. n,r., Az an
ard be alor. car do an nut ~ h.
"rn.v" m e,tr.ord,n.rv oo.o sion. con-
v.ne CONGRESS- dos. q n.c.,..r ,,, ,o,.
ha al At hA
a, ,.t.nc. y, .x+r,ord,rary .,or.
that Convre,. cannot under INV c,r,,,rr :
s,anc.s .a,i ,t,, to~.,h.r,
Tho ,rpn,rat,y. ",bau- 4, ,..d
,h,oupbout m. section saw. n On. an.
sentence dealing with session. =, CON
rre,s whore .r,ay" 4, us.d rn., ths
co,yent,on IN con,,dsr,nv mi. ,r,ic,.
was narticp,.r,v a,iv. 70 tb. d,n.,.nce
betUs,n Imperative and s,c,,,.,v. ",ho,r.
nd n.rrni,s,v. ara not n.c....-,,v Az.
c,u.,va ",,sy., on,..r, ,,..rI, tro+,, On.
fact that wh.r... IN. co,nr,,,,.. a,
detail r.nortea th,, section r.ad,ne &,
, mart .1,s NAV recommend n th.,- con-
sidsrat,on z,ch m.arr., n. ba .ba,,
,udsa necessary and .Xn.d,snt. ns nav
convene than on .,tr.ors,,arv occa.
sions" thu convention ,,asIf on ,not,on
NJ Gorverneur >,orr,. o,nsnd.d ~. Cos,
",nav, IN "sbaIl, tAu9u,, .. ,7s71 ~,r
order IN mal,a II tho duty NJ IN. pr..,.
dent 70 reconm.nd md thsnc. prsvsn,
un,brass or osv,I nj hi. DOING ~"
Had I. been suseested IN tho conv.n-
,ion that convres, couId not Wa, <or
NOR. than n v.a- a,tsr a.. al.c,ior nv.
M the d,scrstion n, the pr..,d.r, th.r.
would hava bean a, ,a,st n I,ttie d,s.
cus.ion of the cIauss v,vinS tia pres,-
dsn, tba now.r % .or ACKNOWLEDGES,
scxs,ons r-bere ma. ,on.. 40. ,or n
d,snuta a. IN thu cow, .,ho,, house. or
s,thsr ~ th.r Ut,. c,.,.. r.I..a IL
MIA of dis.ent. II IA hare,v touchsd unon