Evening journal., 1919-04-01
The R ghf of The Congress 10
Decide When II Shall Be In Session
lFrom The New York SUM-

This question by correspondent will
interest many readers Of The sun who
have been contemplating with amaze
mcnt and alarm the results Of studied
effort BY the executive 10 exclude the
legislative department from particlpa-
ton at this time In the law making
function-for the max ng Of treaties Is
the making Of laW-with regard "a
matters OF the highest concern to the
people Of the United States:
ITO the ltlltor OF the Sun.-sir: Is
there any provision in law or in prec-
edent In american history acco ding
to which Csngress can OF itself call a
spec al session?
THE present helplcssncss Of the
American people through their lack OF
executive and legislative leadership-a
helplessncss increasingly apparent,
threatening and lntole able-cries out
for some such source Of relief.
HARDWOOD HOADLEY.
New York, March %"
The Constitution provides in the sec
ond section OF Article II. that the Pres
ident may, on extraord nary occa-
sions, convene both houses, OF either
OF them" This power OF calling the
Federal Legislature together in special
or extra session in the absence Of pre-
vious action by the Congress itself,
Is not vested by the Constitution in
any other officer Of the Government
than the President himself or the per-
son exercising his functions in case OF
the Presidents death, resignation or
inabil ty.
The original purpose OF this consti-
tut.Onal provision is man fest. Il was
not TO make the President the master
Of the time schedules of the co-ordl-
nate department Of the government
to say whether the Congress should
be in session or in recess, according
as its presence at the Capitol or ah-
sence from the Capitol m ght suit his
own individual views of national in
terest or political conven ence. The
executive power to convene was grant
cd merely to supply the machinery OF
convOcatiOn in case of unforeseen
emergency As Judge Story says in his
Commentaries
"The power to convene Congress on
extraordinary occasions is indlspen-
sable to the proper operation and
even safety OF the government. Oc-
casions may occur in the recess OF
Congress requiring the government to
take vigorous measures 10 repel for
eign aggressions, depredatlons and d.
rect hostilitles; to provide adequate
means TO mitigate or overcome unex-
pected calam ties; 10 suppress insur-
rections and TO provide for innumer-
able other important exlgencies aris-
ing out Of the Intercourse and revO-
lutiOns among nations"
An excellent example OF the "impJrt-
ant exigencies arising out Of the nler-
course and revolutions among nations,
here so clearly indicated by the fore
most OF constitutional commentators,
is afforded by the existing situation
with regard 10 red uprisings in Eu-
rope, both in nations with which we
are nominally at peace and in those
with which we are technically yet at
war.
The trainers Of the Constitution did
not intend that the executive should
himself determine, either on his un-
aided judgment or on the advice OF
representatives Of other governments,
the American policy concerning Boil
shevism and then submit his COM
pleted plan Of procedure TO Congress
SO tied up with other great interests
as practically 10 demand its enactment.
What the trainers did intend in Ar
tlcle II, section 2. was 10 enable the
President. watching the affairs OF the
world from his post Of duty at Wash