Public Law in the State Courts in 1927–1928

Special Session—Power to Propose Constitutional Amendments Not Included in Governor's Call. In 1926 a special session of the Pennsylvania legislature proposed an amendment to the state constitution in the form of a new section, although the subject-matter of this amendment was not referred to in the governor's proclamation calling the session. In a taxpayer's action to prevent the submission to the people of this proposal it was alleged that the proceeding was in violation of Art. 3, Sec. 25, of the constitution of Pennsylvania, which provides: “When the General Assembly shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the governor calling such session.” In Sweeney v. King the state supreme court held that a resolution proposing a constitutional amendment is not “legislation” within the meaning of this clause. In reaching this conclusion it relied heavily upon its earlier decision in Commonwealth v. Griest in which it had held that a constitutional amendment is not “legislation” which must be submitted to the chief executive for his approval, a doctrine well established both in state and federal courts. An opposite result on the principal question was reached by the supreme court of California in People v. Curry. Here the restriction upon a called session of the legislature was held to preclude the proposal of a constitutional amendment. The purpose of the restriction was declared to be to regulate the duration of the session and keep down expenses, and this purpose, it was held, ought not to be defeated by a strained or highly technical interpretation.