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Until a comparatively recent time members of the Assembly have enjoyed the privilege of franking mail and have been furnished with newspapers at public expense. This custom was established by the First Territorial Assembly. Postage on all mail to and from members of the Assembly was paid by the government, arrangements being made with the postmaster at the capital to keep accounts of all such mail and report to each house the amount charged against its members. The number of newspapers for each member varied from twenty to forty. Sometimes the particular papers were specified, and sometimes the members were allowed to make their own choice.39

While members of the Legislative Assembly were accorded certain privileges and immunities they were also subject to restrictions of various sorts. Either house could expel a member by a two-thirds vote; but expulsion seems never to have been resorted to during the Territorial period. Members of either house could be compelled to attend its sessions, the sergeant-at-arms being sent for the absentees. It was the custom, however, to grant leave of absence to members who asked for it sometimes for a week or ten days, sometimes to the end of the session, sometimes indefinitely while those who were not present were usually excused. There is no evidence of disciplinary measures having been taken against anyone on account of absence.40

The methods by which Territorial legislators obtained information upon which to base their enactments were various. The Organic Act appropriated $5000 for the establishment of a library to be kept at the capital for the accommodation of Territorial officers. For this library Robert Lucas purchased the first volumes on his way to

Iowa. From time to time additions were made, representing "the combined labors, of the wise and the learned, of all ages and nations.''41

Each member had at hand the laws of the Territory and sometimes the journals of the previous sessions. Likewise the reports of the Supreme Court of the Territory were furnished. In order that the Iowa legislators might profit by the experience of law-makers in other jurisdictions, the laws of other States and Territories were purchased. A resolution to establish a system of exchange of laws with the various States was adopted by the House of Representatives. For the purpose of gaining information concerning current events a subscription to Niles' Register was maintained. The newspapers, too, which were furnished to members contained valuable political information. Maps of the Territory were among the supplies provided for the legislators.42

Other common devices for obtaining information were to request information from Territorial officers; to appoint committees to investigate the expediency of contemplated action; to have reports printed for the use of the legislators; and to have the journal printed daily.43

II

SESSIONS OF THE LEGISLATIVE ASSEMBLY

In reference to meetings of the legislature the term session is used in several senses. It usually refers to the sitting of the whole body for a period of several days, weeks, or months, when the meetings are described either as regular sessions, extra sessions, or special sessions. Daily sessions, on the other hand, are the meetings of either house during certain hours of the day when a regular routine of business is followed. There are also joint sessions and executive sessions. Joint sessions occur when the two houses sit together for a special purpose. Executive sessions are held only by the upper houseusually to approve appointments by the Governor and always in connection with business brought before the house by the executive department.

44

There were eight regular and two extra or special sessions of the Legislative Assembly of the Territory of Iowa. The regular sessions were annual and have been designated as the First Legislative Assembly, the Second Legislative Assembly, and so on. The first extra session was held in 1840 by the Second Legislative Assembly, and the second came in 1844 during the period of the Sixth Legislative Assembly.

CONVENING OF THE LEGISLATIVE ASSEMBLY

The first session of the Territorial legislature was called by the Governor, but thereafter the Assembly convened in accordance with the provisions of statute law.

The Governor, however, was specifically empowered to call special sessions at any time that he might deem the same to be expedient and proper - a power which he never exercised. Both extra sessions were convened by special enactment of the legislature - the Governor withholding his approval in the first instance. Congress assented to the second extra session, so that Governor Chambers's approval was a matter of course.45

The second Monday in November was the date set by Governor Lucas for the convening of the First Legislative Assembly in 1838. As authorized by the Organic Act this Assembly established the first Monday in November as the date for the commencement of each regular annual session thereafter; but this time was changed by the Third Legislative Assembly to the first Monday in December. The Seventh Legislative Assembly did not convene until the first Monday in May, owing to the postponement of the regular election of 1844 until April, 1845. The first extra session began on Monday, July 13th, and the second on the 16th or 17th of June.46

LENGTH OF SESSIONS, ADJOURNMENT, RECESSES

Seventy-five days was the length of time set by the Organic Act for the Territorial legislature to remain in session; and the records show that the first six regular sessions ran the full number of days, including Sundays and the holiday recess.47 The Seventh Legislative Assembly continued in session thirty-seven days; while the Eighth Legislative Assembly, because of lack of funds, came to a close after a session of forty-nine days. The first extra session lasted twenty days, and the second only three or four.48

Adjournment sine die at the end of a session was

usually accomplished by a joint resolution which named the day of final adjournment. When the time arrived and each house had notified the other of its readiness to adjourn, a motion to that effect was adopted. Sometimes difficulty was experienced in agreeing upon a time of final adjournment. In one session, for example, a joint committee was appointed to ascertain when the Assembly could adjourn "without injury to the public interest." At another time the Council and House disagreed on the time of adjournment so that a committee of conference had to be appointed to settle the question. Just before final adjournment it was customary in each house for the presiding officer to deliver a short farewell address.49

The Christmas recess during the first three sessions of the Legislative Assembly was very brief, lasting from three to five days; but the fourth, fifth, sixth, and eighth Assemblies were less energetic or more home-loving, since they were off duty from eight to eleven days. The regular compensation of the members continued during vacation.

DAILY SESSIONS OF THE LEGISLATIVE ASSEMBLY

The Council and House of Representatives usually met twice a day, once in the forenoon at ten o'clock (sometimes at seven, eight, or nine o'clock) and again in the afternoon at two o'clock. Indeed, the standing rules of the House at the last three sessions of the Legislative Assembly provided explicitly for both a morning and an afternoon session; while the House in the First Legislative Assembly, according to the rules, met each day at ten o'clock. The Council was prone to hold somewhat shorter sessions than the House, contenting itself often with one meeting a day in the forenoon. As the pressure of busi

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