But even supposing him to be clothed with
sufficient authority to convene the legislature, what constitutes the
"State legislature" to which is to be referred the submission of the
conditions imposed by Congress? Is it a new body to be elected and
convened by proclamation of the "governor elect," or is it that body
which met more than a year ago under the provisions of the State
constitution? By reference to the second section of the schedule and to
the eighteenth section of the fourth article of the State constitution
it will be seen that the term of the members of the house of
representatives and that of one-half of the members of the senate
expired on the first Monday of the present month. It is clear that if
there were no intrinsic objections to the bill itself in relation to
purposes to be accomplished this objection would be fatal, as, it is
apparent that the provisions of the third section of the bill to admit
Colorado have reference to a period and a state of facts entirely
different from the present and affairs as they now exist, and if carried
into effect must necessarily lead to confusion.
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