The sun., 1919-03-31
The Right Of the Congress to Decide
When 1t Shall BE in Session.

The Right Of the Congress to Decide
When 1t Shall he in Session.
This question by a correspondent
will interest many readers of THE
Sow who have been contemplating
with amazement and alarm the re-
suits Of studied effort by the execu-
tive to exclude the legislative depart
ment from participation at this time
In the law making function-for the
making Of treaties is the making OF
law-with regard to matters of the
highest concern to the people Of the
United States:
10 THE EDITOR OF THE SUN-Sr:
n there any provision in Law or any
precedent IN American history ac-
eording to which Congress can Of
itself call a special session?
The present helplessness OF the
American people through their lack
ef executive and legislative leadership
Ia helplessnees increasingly appar-
ent, threatening and intolerable--
cries out for some such source OF
relief. HAYWOOD HoApLEY.
NEW YORK, March 20"
The Constitution provides in the
second section Of Article II. that the
President may. on extraordinary oc
casions, convene both houses, or
either Of them" This power of call
Ing the Federal Legislature together
in special or extra session. in the alb
sence Of previous action by the Con-
gress itself, Is not vested by the Con-
Btituton In any other officer of the
Government than the President him
Belf or the person exercising his ,func-
lions In case Of the Presidents death,
resignation or inability.
The original purpose of this consti-
futional provision is manifest. 1t was
not to make the President the master
Of the time schedules of the coordi-
nate department of the Government !;
to say whether the Congress should
DO In session or In recess, according
10 1ts pressure at the Capitol or alb
sence from the Capitol might suit his
Dwn individual views of national in
terest or political convenience. The
executive power to convene was
granted merely to supply the machin-
cry of convocation in case Of unfore-
seen emergency. AS Judge STORY
says In his Commentaries"
Tho power to convene Congress on
extraordinary occasions Is indispeu-
sable to the proper operation and
even safety Of ths Government oc-
oasions may occur IN tho recess of
Congress requiring the Government
to take vigorous measures to repel
foreign aggressions. depredations and
direct hostilities: to provide adequate
means 10 mitigate or overcome I'M
expected calamities: to suppress in
surrections; and to provide for in
Vulnerable other important exigen-
eies arising out Of the intercourse
and revolutions among nations"
An excellent example or the "im-
portant exigencies arising out Of the
intercourse and revolutions among
hations," here so clearly indicated
By the foremost of constitutional
Commentators, is afforded by the ex-
listing situation with regard to red
hprisings in Europe. both in nations
with which we are nomlnally at peace
and in those with which we are tech.
hically yet at war.
The trainers Of the Constitution
did not intend that the Executive
should himself determine, either on
bis unaided judgment or on the ad-
sics Of representatives Of other Gov
ernments, the American policy con-
nsrning Bolshevism and then submit
bis completed plan of procedure to
Congress 80 tied up with other great
interests as practically to demand its
enactment. What the trainers did
intend in Article H., section 2. was
10 enable the President, watching the
affairs Of the world from his post Of
duty at Washington, to avail himself
without delay of the wisdom Of the
law making department of the United
States Government, the authority
primarily responsible for the determi-
nation Of questions like this,
We are compelled to inform our
correspondent that in the absence Of
previous provision by the Congress
Itself there exists at the moment no
method Of converting that body except
the call of President long sojourn-
Ing In foreign lands and manifestly
indisposed to exercisait until It suits
his own convenience so to do. There
Il. however. another provision of the