The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-04
POWERS OF CONGRESS.
A Limitation Set Forth In . Veto BY
President jackson.

To THE EDrroR OF THE suS---sir: The
discussion now progressing on the edi-
torial page Of THE SUN relative to the
power Of Congress 10 meet upon its own
initiative 10 most interesting. Despite
the exposition by Chaunccy s. Goodrich.
the conclusion SGT forth In THE Sun
editorial article on March 81 Ia, I think,
unavailable.
Congress cannot meet on Its own ini-
tiative because authority for assembling
exists only In the enactment of q meet
Ing date by Congress-. which has not
been done. and the converting Of an
extraordinary session by the President.
" IL possible. although not probable.
that n majority OF the members of the
Senate and House might assemble and
declare Congress in session with a
quorum TO do business, but II any legis-
latlon enacted rs the result OF such
Initiative should be contested In tho
supre.nr Court that tribunal would be
very lI.ely to decide that the session
had been illegally constituted. This In
n contingency not previously mentioned
In THE SUN, but ono that Ia certainly
worthy OF consideration.
An interesting Incident. omitted in
Mr.. Goodrichs letter, occurred in Presi-
dent Jackson's administration in 1885.
Congress- passed an act fixing a now
mesting day for Con gress. but also add
ing paragraph declaring that Con-
gross should thereafter adjourn on the
tn. .
Inclusion Of this paragraph President
Jackson promptly vetoed the measure.
THE power Of Congress to fix by law
q day for the annual meeting OF Con-
gress In undoubted." no said, but he
held that tho supplementary provision
vas Unconstitutional. The power was
given to each Congress. he declared, to
adjourn when II saw At TO do 80. with
authority in the President to adjourn
the houses when they could not agree
upon the time of adjournment.
Considering, therefore" he concluded,
"tl.at this subject exclusively belongs to
the two houses OF Congress whose day
of adjournment Is to be fixed, and that
each has at that time the right to main
tain and insist upon It's own opinion and
to require the President to decide in the
event of Enlargement with the other, I
am constrained to deny my sanction to
the act herewith respectfully returned
to the Senate. ! do 80 with greater
reluctance. as apart from this constitu-
tional difficulty. the other provisions OF
It do not appear to me to be objection
able"
When the veto message was read in
the Senate there was a brief debate.
but the requisite two-thrds majority
for the enactment could not be obtained.
The House then passed a bill to change
tho time for the annual meeting OF Con-
sress to the first Monday in November.
but action on this bill was inde fnitely
postponed In the Senate.
The point Of this incident is that Pres
ident jackson readily conceded the right
Of Congress to nx the date Of meeting
for future Congresses, and that this
change would have become n matter of
law with his approval but for the OBJ
Jectionable provision OF tho act. As Con-
gress has failed to pass a law chang
Ing It's annual meeting day. there Is no
solution of the present problem except
action by the President or patient wait
Ing until the first Monday In December.
HENRY ILTcHFrEIp WEST.
NEW YORK.. April 3.