The Bismarck tribune., 1934-07-19
"n this special session legal?"

IL this special session legal?"
This was the question asked most
frequently In Bismarck Thursday a.
some members Of the general assem-
bly, gathered for q meeting called by
william Langer and revoked by Act
ing Governor O. H. Olson.
The answer seems to be 1T is not"
Lawyers have been searching the
books on the question and have found
numerous similar cases, although in
none Of them was the details the same.
One Of the most frequently cited Is
that Of the People VS.. Parker, decided
by the Nebraska supreme court In
1872.
The situation there was that the gov
ernor had been impeached and the
secretary Of state was acting as COVER
nor. Next In line Of succession was
the president Of the state senate.
The acting governor left the state
and the president Of the senate called
q special session. When the acting
governor returned he cancelled the
call but the lawmakers gathered any
way.
Parker. q legislator, refused to at
tend and legal process was brought to
make him do 50. thus throwing the
matter into the courts.
Text Of Decision
In deciding that the session was IL
legal the Nebraska court said:
THE governor Of 4 state being tenn
porarily absent therefrom, the person
upon whom the constitution devolved
the duties Of that office in case Of q
governors absence, issued . proclama-
ton convening the legislature In extra
ordinary session, the governor. return
ing before the date named for the
session, revoked the proclamation,
held that such revocation was lawful,
and that any act done by the legisla-
ture assembled under the proclama-
tion was void.
Admitting. however. that the ex-
igency existed, by the temporary alb
sence Of the then acting governor from
the state, for the assumption Of execu-
tive authority by the president Of the
senate, and that In pursuance OF the
provisions OF the constitution he duly
issued his proclamation for the con-
vening Of the legislature In extra ses-
sion, Is the issuance there Of such an
oct. when done. entirely beyond execu-
tive control?
"The constitution provides for the
regular session Of the legislature.
These can be held at no other time.
But the necessity and .propriety Of
their assembling oftener than ct these
stated periods Is left by the constitu-
tion entirely to executive discretion.
This discretion Is wisely lodged In
the governor Of the state. who Is pre-
sumed to be well advised when an
extraordinary occasion has arisen
which demands prompt Legislative &C.
tion.
with the exercise Of this discretion
up to the time Of conveniqg the lesis-
latire no one can interfere. The whole
matter Is left entirely to the w1ll of
him who. for the time being. y In
vested with the executive authority Of
the state.
nut II, for any good and sufficient
reason. the executive shall become
satisfied that the necessity which In
duced the call has passed. Or that Il
was unadvisedly made. It y not only
his right, but his duty 70 revoke the
same, that the people may b saved
the expense which would otherwise BE
laid upon them.
Nor does'it matter whether the re-
vocation - by the same person who
Issued the proclamation Or not, =
long g he \, for the time being. Ia
the legitimate exercise of the execu-
tive functions Of the government.
1T = not the act Of the individual
strictly speaking, but oS the executive,