Evening star., 1933-02-17
Limitations Vary.

Where there Is no statutory nmltatloii
on the length of legislative sessions IN
the States, there are other factors which
may shorten these sessions. In some OF
the Legislatures resolutions are adopted
fixing q date for adjournment. In the
list the length of session as agreed
upon up to Monday Of this week Is
given. In several of the Legislatures
there are provisions that no new legis-
lation may be introduced within o nxeo
period prior to adjournment.
Indiana places no statutory limitation
on the length of legislative session.
but does provide that the per diem
compensation of the legislators shall not
run beyond 81 days. South Carolina
has similar restriction on pay, but
the pay session runs only 40 days. Mis-
souri, also has q similar restriction re-
garding pay. In calculating the length
of the sessions Of the Legislatures GU
days Is construed as meaning week days
or legislative days, exclusive OF Sundays.
It is obvious that large number OF
State Legislatures are not only now in
session, but are likely to remain in ses-
sion suficient length Of time to take
action for setting up the State consti-
tutional conventions called for In the
repeal resolution.
1lIIlc S LIlc cSocilCC, do bOtAA WOeo oA '.
drys realize. 1t had been the hope OF
the drys that action on the constitu-
ticnal amendment for repeal could be
postponed until at least the special Ses-
sion of the new Congress, probably In
April. BY that time many OF the State
Legislatures now in session would nave
adjourned, some Of them not TO meet
for two years. But the action IN the
Senate has changed all that.
House Action Firal.
The repeal amendment. II 1t Is
adopted by the House by the necessary
two-thirds vote, will have received nnal
action so far as Congress Is concerned
The President cannot veto it. 1t does
not, as a matter Of fact, go to the Presi-
dent, but to the Secretary Of State. The
Secretary Of State in turn certifles the
proposed amendment to the Governors
of the States to be by the Governors
certified to the State Legislatures.
When the repeal amendment has
passed to the States, and If some OF
them, either thro6sh their Governors
or Legislatures or both, undertake to
delay or put of indefinitely the calling
of the State constitutional conventions
TO pass upon repeal of prohibition, the
Congress may, If it sees fit, put through
=
Of such constitutional conventions.
The question OF the constitutionality
Of such an act Of Congress may be
raised. and undoubtedly it would be SO
raised. However. there are eminent
lawyers and constitutional authorities
who insist that Congress has such
power, among them former Attorney
General A Mitchell Palmer, who served
| In the Wilson administration. Mr.
Palmer holds that the ratification OF
| constitutional amendments is a Federal
| function, even when it is performed by
the States, and as such Is subject to
congressional action.
May Cause Bitter Fight.
II there is disposition by a con-
siderable number of State executives
and Legislatures not to give the people
the opportunity to express themselves
through State constitutional conven-
tionS, 1t is believed that the Congress
will be urged to consider seriously the
question OF passing law to bring about
such State conventions. Upholders OF
! States rights and of the contrary opin-
ion that ratification of amendments is q
Federal function will oppose vigorously
such action by the Congress.
Already there is serious consideration
on the part of supporters of the repea
Of the eighteenth amendment of thu
advisability Of bringing into Congress,
a bill for holding Of the constitutions
conventions in the States, with certain
methods Of procedure laid down.
The repealists are particularly anxious
that in the set-up OF the constitutions