Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1856-01-24
Unconstitutionality of the Omnibus Rail-
road Bill-0pinion of Attorney Gen
eral Gardenhire.
OFFICE OF ATTORNEY GENERAL, }
JEFFERSON CRY, Jan. Z, SO.

| OFFIcE OF ATTORNEY GENERAL
JEFFERSON Cry, Jan. Z, '56.
STERLING Price, Governor oil Missouri:
Your communication of the I'd inst, ask
ing my official opinion in relation to the reg
ularity of the proceedings of the General
Assembly, on the passage of an act entitled
can act to secure the completion of certain
railroads in this State" and as to the con-
stitutionality of the act, passed in the man.
ner indicated by the Journals of the two
Houses, has been considered, and herein
submit the result.
1t has been insisted, in this State, that the
General Assembly are tho sole Judges
whether all the requirements of the Consti-
tuition have been complied with that upon
the enrolment of legislative act, it be-
comes record of such complete verify, that
the courts are estopped from going behind
it, and examining the manner of its passage;
but the Supreme Court decided that they
would look into the acts OF the General AS
sembly, and if they found them violating the
Constitution, they would declare them null
and void, Estate VS.. Mcbride, Nc. Rep.
304. 1t is true the question in this case
related to the passage of constitutional
amendment; but the principle decided, ap-
plies alike TO the passage oil a bill vetoed
by the Governor. The mode Of proceeding
in both cases, is prescribed by the Constiu-
ton. The principle permitting an exami-
nation Of one, must also permit it of the
other. If the courts can examine the viola
tion Of the Constitution in the mode of
amending it, they may in the mode of pass
ing law. 1t is, in either case, but a vio-
ation of the Constitution of which the
courts, Federal and State, have uniformly
taken cogniEance, since the organization of
the Federal and State Governments. Baily
: VS.. Gentry, l Mo. Rep. 1l6.] They do it,
because sworn to support the Constitution.
For the same reason, the Governor may dc
, it. He, too, is sworn to support it, and
: must take caro- that the laws passed in pur-
: suance of it, be faithfully executed.
The Journal of the Senate shows that the
bill originated in that House; that it was
returned with the Governors objections, to
the Senate, on the 10th day of December
1855, during the evening sessions that they
were ordered to be entered at large on the
Journal, and to appear upon it, in that days
proceedings that motion TO postpone the
reconsideration of the bill until 10 o'clock
the next day was lost; that the bill was
, then onsidered and passed, the Govern.
or's objections to the contrary ithstand-
ing-ayes 20, noes ll-and ordered to be
sent with the message to the House Of Rep
= resentatives. The passage of the bill by the
House, upon reconsideration, was commu-
r nicated to the Senate on the morning of the
t llth. On the 18th the Senate passed a res
: olution amending the Journal of the 10Th, SC
, as to show that the bill and message had
been ordered to be sent 10 the House ol
t Representatives.
The Journal of the House shows mes.
sage from the Senate on the 10th, evening
| session, communicating the reconsideration
a and passage of the bill, by majority of al
+, the Senators elected; that, on motion, the
!, bill was taken up; that a motion to post
pone Its further consideration until 8 O'Clock
: the next day, was lost; that, on motion, the
reading of the message, containing the OBJ
d iections Of the Governor, was dispensed
with that the Honse thereupon proceeded
; to reconsider the bill, and passed it--Aye.
|. 81, Nays 40; and that the message of thC
y Governor, containing his objections TO th'
9 bill was not entered on the Journal unit
the 18th, two days after the reconsideration
I Of the bill.
|. The Constitution provides that:
= Every bill which shall have been passed
: by both Houses of the General Assembly
d shall, before it becomes law, be presented
to the Governor for his appreciation. Ii h
approves, he shall sign il; if not, he shal
return it with his objections, to the Hous
in which it originated, and the House shal
II cause the objections TO be entered at large oI
n its Journals, and shall proceed 10 reconsd
| er the bill. If, after such reconsideration
- a majority of all the members elected to tha
" House shall agree to pass the same, it shal
n be sent, together, with the objections, to th
k other House, by which it shall be in lik
IF manner reconsidered, and if approved by
e majority of all the members elected 10 tina
House, il shall become law. In all sucl
cases the votes of both Houses shall be Ia
'e ken by Yeas and Nays, and the names o
st the members voting for and against the bill
1t shall be entered on the Journal of eacl
House respecttvely.--Art. 4-Sec.l0.
N This section was taken from the Consti
i tuition of the United States, Art. ] Sec, 7
Clause g. which is as follows;
Every bill which lshall have passed tn
=, House Of Representatives and the Senate
y shall, before il becomes law, be presente
'T to the President of the United States. If h
lie approve, he shall sign it; but if not, he shal