The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-06-18
tire summer.

Has the Governor OF the state any Right
TO Sign . Bill After the Adjournment OF
the LegislatureS
This mooted question has recently been de-
cided in the negative by the Supreme Court,
sitting in this city. The question came up IN
the case of the Metropolitan Gas Light Compa-
ny, whose adversaries contended that the
charter was null and void, as the act creating
1t was not signed by the Governor during the
session of the Legislature. The constitution
provides that all bills which have passed both
houses shall be presented to the Governor for
consideration, for his approval or rejection.
eff any bill shall not be returned to the Legisls-
ture by the Governor within ten days Sundays
excepted) after 1t shall have been presented to
him, the same shall be law, in like manner as
if be had signed 1t, unless the Legislature shall,
by their adjournment prevent its return, In
which case it shall not be law" This
language is plain, explicit and emphatic;
nevertheless, Governor Clark signed the
Metropolitan Gas bill several days after the
adjournment, which adjournment prevented
its return" to the Legislature, bringing it clearly
within the provision that 'it shall not be
law" The Court have unquestionably rendered
a correct decision, which will be sustained by
the Appeals bench, should Messrs. Bowen & Go.
send the case up to that tribunal.
In signing this, as well as other bills, Cover
nor Clark no doubt followed various prece-
dents. Other Executives preceding him have
done the same thing. We know that the pre-
sent Executive has signed bills, in numerous
instances, several days subsequent to the ad-
journment of the Legislature. His excuse for
doing 80 was based upon precedent, justi-
flying himself by stating, through his
private secretary, that Ex-Governor Sey-
mour had exercised the same right.
Now we are not the apologist for any
of Seymour's official acts, hut in searching
the laws passed during the two years of
his administration, we do not find o
single one bearing date Of approval subsequent
to the day of the adjournment Of the Legisla-
ture. Perhaps the archives Of the executive
chamber contain evidences sustaining the ex-
cesses of the present Executive. We have been
at some pains in making inquiry, and we learn
that Governor Morgan signed several bills after
the adjournment of the last Infamous Legisla-
tire. There were some ten or dozen of them.
Their "approval' Is dated generally on the
"27th of April" so as to come within ten days
after the adjournment, his Excellency supposing
that the ten days grace was allowed him.
whether the Legislature were In session or not
The bill purporting to prevent encroachments
in the harbor of New York." though signed, as
appears, on April q, was not permitted TO be
presented To the "public eye" until the 3oth Of
April.
No doubt Governor Morgan entertained the
belief that he had the power to keep bills under
adyisement for an indefinite period Of time
after the adjournment Of the Legislature.
Among others thus under consideration was the
Bankrupt bill, gotten up expressly to wipe
out the Indebtedness Of bankrupts of the
higher class. The Governor was urged by Mr..
Speaker Littlejohn TO sign 1t; but 1t was kept
in allegiance until near the middle OF May,
when the Albany Journal made the semi-of-
fetal announcement that Governor Morgan had
finally decided TO withhold his signature, under
the impression that another bill, less objection
able with regard to trustees, executors, &C.,
might be passed by the LIST of April next,
when the bin In the Governors hands was 10
become encctual, 80 that no material injury
would result to the gentleman bankrupts. Let
honest debt paying people ponder upon this
fact There is nothing in the constitution au-
thorizing such conduct. If Governor does
not sign bill, and can keep II In his pigeon
holes for one or ten days, he can hold on to 1t
until the next succeeding LIST day Of January
with the same propriety. 1t Is well tina, the
Supreme Court has set the matter right We
shall not take the pains to make any further
examination than to allude to those of the last
Legislature coming under the decision of the
Supreme Court
To authorize the purchase Of -four and meal
inspected by Pcarsall's patent tube. Signed BY
Gov Morgan May 3, 1860.
Amending the act for the incorporation Of the
Association for the Improvement Of the Breed o