Year: 1878

Il <


The BIENNIAL. SESSION OF THE GENERAL
| AND MINORITY Re.
PORTS IN THE SESATE.-Senato John W
Daniel, chairman of the Committee fol


CourtAof Justice OF the State Senate, yes
ter day Submitted majority md minority re-


ports In response to a resolution OF inquiry
as TO whether or not this is the first session
under the amendment to the Constitution
providing for biennial sessions. of the Gen.
eral Assembly. The majority of the COM
mittee-M Messrs. Marshall, Bland, PhIegar,
Grimsley, and Murray-in their report
state that in their opinion the pre-
sent session is the first OF the BIZ
ennial sessions within the contempla-
ton of the amended Constitution. The
report quotes from the Constitution to show
that by vote of the people in 1876 it was
decided that the General Assembly should
meet ;sonce in two years, and not oftener
unless convened by the Governor in the
manner prescribed by the Constitution"
and that said provision became instantly
operative and imperative. Thereport claims
that the General Assembly derives its
authority biennialy from the people; that
the true intent and meaning OF the Constl-
tuition is to limit the body to one session
during tho period OF its existence, and that
the fact that there was session Of the Gen
eral Assembly in 1876 '7Sdees pot render it
unconstitutional for this 'bodyto hold ses-
sion within the period OF two years from
the meeting of its predecessor; and that 1t
is to each successive General Assembly that
the mandate applies, and the present body
cannot again hold any session unless con-
vened in extra session by the Governor.


Mr.. Brooke, of said committee, con-
Cured to the extent that the present ses-
sion is the first session OF the General AS
sembly under the amendments, but was OF
opinion that the present is not the first BIZ
ennial session, but that the session Of 1879
is the first biennial session.


NIr. Gayle dissented in toto from the said
report, and was Of opinion that when the
General Assembly proposed the amendments
to the Constitution which the people ratified
at the polls it was intended that the bien-
NAL sessions, with reduced number OF men,
bers, should go into effect at the session OF
1879, relying for his opinion upon the Ian
euage Of the amendment that /" from and
after the Tuesday succeeding the first Mon
day in November, 1879, the House OF Dele
Gates shall consist Of not less than ninety
nor more than one hundred members, aud
the Senate not less than thirty.three," "and
he was of opinion that the session OF 1879
would be the first biennial session and the
first session OF the General Assembly Gun
der the amendments"


Mr.. Daniel also differed from the major
ity. 1t is his opinion that the present ses-
sion is not "the first session under this
amendment that the session OF 1867
was such first session; that "under this
amendment was designed to mean the
same thing as If it had been said "the first
session after the adoption of this amend
ment ''-"under being intended to desig-
nate the sequence Of time, and not to apply
to designate the first session OF the General
Assembly elected in pursuance of its pro-
Visions. The amendment was to secure BIZ
enniai instead Of annual sessions; a reap
portionment Of representation and reduc-
ton OF the number OF representatives, and
to limit the duration Of the sessions. The
first and third objects had been secured,
while the second was yet to be accomplished
by legislation. MIR. Daniel closes by adopt
ing, as expressing his views, the report OF
the minority of the Committee for Courts
of Justice presented last session on the same
subject, in which they hold that the session
OF 1867 is 81 the first session under this
amendment