Chapter II

• Published date: 01 May 1918
• Date: 01 May 1918
• DOI: http://doi.org/10.1177/0002716218077001S03

20

CHAPTER

II

THE

ORGANIZATION

OF

THE

HOUSES

The

first’

step

in

the

organization

of

a

new

legislature

is

of

necessity

the

preparation

of

a

temporary

roll.

If

the

certificates

of

the

members-elect

are

all

regular

and

uncontested

this

is

a

mere

clerical

duty.

But

if

the

majority

of

one

party

is

small

and

doubt-

ful,

and

conflicting

election

certificates

have

been

presented,

the

power

to

draw

up

the

roll

is

open

to

abuse,

since

it

is

highly

desirable

to

either

party

to

construct

an

organization

which

will

favor

its

interests in

the

contests

which

are

to

follow.

THE

MAKE-UP

OF

THE

ROLL

Contrary

to

the

practice

of

Congress,

the

legislatures

of

many

states

have

taken

the

make-up

of

the

roll

out

of

the

hands

of

the

clerk

of

the

preceding

session

and

placed

the

duty

upon

the

secre-

tary

of

state,

who

certifies

to

the

correctness

of

the

list

of

names

which

he

presents.

He

is

presumed

to

be

a

more

responsible

officer

than

the

clerk

and

any

member

named

on

the

roll

is

entitled

to

his

seat

until

action

is

taken

unseating

him.’

In

other

states

the

temporary

clerk

calls

the

roll

of

counties

and

members-elect

present

their

certificates

as

their

districts

are

called.2

Or

the

duty

may

be

left

with

the

clerk

of

the

last

session,

with

the

specification

that

only

members

holding

proper

election

certificates

shall

be

placed

on

the

roll.3

In

Colorado

and

Nebraska

permanent

organization

is

delayed

until

the

report

of

a

committee

on

credentials

but

this

does

not

destroy

the

advantage

gained

by

the

possession

of

a

majority

on

the

temporary

roll

or

the

importance

1

Clerk’s

Manual,

New

York

Assembly

(1916),

p.

509,

and

Assembly

Journal,

1914,

p.

30

et

seq.

Also

Legislative

Decision

No.

25,

Michigan

Manual

(1915),

p.

645.

Members

are,

with

few

exceptions,

sworn

according

to

this

temporary

roll.

See

journals

of

any

state.

2

Fixed

by

statute

in

California,

Indiana,

Minnesota,

Montana,

Ohio

and

Texas.

3

Fixed

by

statute

in

Arizona,

Iowa,

Maryland,

Nebraska

and

North

Dakota.

4

Colorado,

Annotated

Statutes ¶

2897;

Nebraska,

Revised

Statutes

(1913),

¶ 3742-3743,

and

the

Blue

Book

(1915),

p.

470.