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· 2/15/1909

Likins's Petition

Citations

  • 223 Pa. 468

Syllabus

<p>Constitutional law — Special session of legislature — Proclamation of governor — Act of March 5, 1906, P. L. 78.</p> <p>1. In construing art. Ill of the governor’s proclamation of January 9, 1906, convening an extra session of the legislature, the courts are to view it as the members of the general assembly were warranted in viewing it, that is, in the light of the whole document together with the earlier proclamation of November 11, 1905, under which the general assembly was specially convened with a view to legislation on this and other specified subjects.</p> <p>2. Although a governor who has decided to convene a special session of the legislature is empowered to proclaim, to indicate, to designate the subjects for legislative consideration at such session, he cannot by his proclamation, any more than he can by his message to the same body when in regular session, prescribe or limit the manner in which, or the extent to which the legislature may dispose of those subjects, which he designates in his proclamation as matters for legislative consideration. He may by proclamation in the one case, as message in the other, suggest the lines along which in his judgment the lawmaking body could most wisely or effectively operate. Such recommendations are in no wise restrictive of the legislative power. When, therefore, the governor, by his proclamation, couched in such language as he may select, has fairly indicated to the legislators and the people, a general subject for legislative consideration, the legislature, in special session, may lawfully deal with that subject as fully and completely as at a regular session.</p> <p>3. Article III of the supplemental proclamation of the governor of January 9, 1906, is sufficiently broad to cover the portions of the Act of March 5, 1906, P. L. 78, known as the corrupt practice act, which provides that candidates as well as managing committees and managers of political parties shall file statements of moneys collected and expend

Judges: Brown, Fell, Mestrezat, Potter, Stewart

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