, 1864-01-26

i5 ~ ahtcnt 10 oaY ana compel IL
II he members of the two houses who re.naius!
after the procls9ati9n vas announced belIeTcd: !
W.s pnwar1aated q; why Vas cot this power invoke
II wonld seen 10 b natural that, II tscy believe
the act of the Gosernor to be unconstitutional
vcnttic cnc1oachment oi executive power upoi
their rights, ,-would hare done somo aet to pre-
serve the session Il not By tho enforcement OF ID
rom authorized Z dfsi B. the S{ consttuton
an additional reaEon for the posis1on taken b.
JEdgs Walker is found f the fsct that IN The In
eGtIr ~ Inr nn9 me sehh S and r.
ture, the constitution requiring each branch Il
keep 1oaIIsl, and tho court not being allowed Il
p1!d pserndne dnat thS Legislature, when ID Session
Jrasc argues that It cannot he inferred, whea "
and 'hc Journals blank for at leset ten jeislativ
Violation Of obrs.e 81 IN ne sessoa qd
were Keeping no jor.nsls Of their proceedings. 1
II not Mort reasonable TO presume that the house
Sut e VOID be ssa sa sy s
wsIe Il session Then. + They ye!e lot ii session
Of tho two Journals having clos1d without any I'D
joaiInEentt IT. to sny Gay, was 1t not an adjournnon
Ths onlnion then proceeds to azgue that it W..
N adjournment sine die from the f1ct that there il
! tianE IN the journals, indicative Of the ensiIi
] enfpcns1on Of business, from which nc .mnst con
sloe INA! Ile tWo hes,s:s c:a &c: IN seecsc::,
particular day, OF wit.out dsy, And. as We llfi
| no order Of adjournment On tie Journals to day
ID to sht iha,t sas a.
had 90 adjourned, it would be expected to appea'
from the Journals.
It is but reasonable presumption, when We tin6
the two houses adjourned, or at least out OF Sos
slon for more than two days. that It is BY consent
when the jou1nals Show no adjournment to spe
cite time, 1t must be presumed to bo sine die.
The Argument on this point closes with the fol
II tie' pr 'prefnmption is fndulged that this was not
designed to le n final ndiournment By consent ol
ne %9 70! t oen t1o asioa and
chose before the organization Of the next house,
ard resume business. Il this were so, who could
LEow when laws took efects Could It be pozaI:
bic that the members end o..cers Of the two houses
could draw pay during all that time! The fact
that tie people and the officers of the law must
necessary that there should be time that might
certainly be known, when laws become operative;
md that can only be from the Journals. Il We
find that the eees!on terminated ii pursuance OF a
resolution, that is satisfactory and conclusive;
it VIC find that all business has ceased FOR period
OF more tlAn Two days, without an adjournlng or
should te drawn that 1t was adjournment sine dIe
and equally terminated the session.
The opinion concludes with the Inevitable in
The day for which Mr. Keyes claims two dollars
frcm the State Treasury that the percmptory writ
Of ma1damus must be refused,
ABSTRACT OF TIE OPINION OF MR.. JUS,
T1cE DnEEsE.
The VERY able. thorough aud conclusive opinion
Gsd By Mr.. Justice Ereese. In the two caaes Of
State" and s'The i'coplc cx rel Hairless vs. tic
Auditor Of State promises TINT Us tho two cases
in their origin. nature ard object inseparable,
consider hn ttlaot ~
both ls that the General Assembly Instead OF no-
joEI9nr On the 10Th ofJcne, continued tts zession
asks that the stase auditor may be compelled to
iesue 10 him warrant for the payment Of his per
dttm for thoec days, out Of tho public treasury !;
tnucd session gives vitality 10 bill il whick be
clai1as an interest, entitled bill to incorporate
the Watash Railway Company.
an op
other against the Secretary Of State requiring him
to dellstr 10 the relator cory Of the sad Act Of
on cut II o, tsc OF stass Gee
the reason that the Governor did not return IL 10
the Senate III which It originated, within ten days
alter it was presented to him, the Senate being
The frst question. waving for tho present any
consideration Of the facts staaed In the return ID
native evils nake out such case as, primo ja:ie.
to GAtite the re!atots 10 the remedy sought 1t Is
well settled that the wt,t Of mondansas should
REALTORS must be clear and the duty and ability Of
tic party 10 whom 1t ls directed to do the thing,
asked for in tho manner asked, well as Its valid
liz reer lie resy 70 enute
Testing thc case o; .keycs by these principles,
has Ec shown . clear right to his compulsory pro
certificate Of attendance on the days mentioned ~
Speaker Of the 1lo1ee. Is concinsIve, that the
Asditor mnst sct on it and Issue his ws rant.
ne Ts9 s Ago e s.as e. ss TO
t1fcate, butit does not follow that he Is bonnd 10
Issue i on that. He may take the responsibility
hound to tale notice Of existing ,tacta.. lie mnst
kroT WEo Is the Speaker, and also who are the
Mc1aEets q the two houses Ne u bo9nd to know.
State, Treasurer, and Judges Of tho Courts, and
aieo tnS iact OF session OF me Legislature at
particular DAY: y:,,.
selttd to him fot The attendance of member on
a day MEcn It was patent 70 MN anu 10 me whole
l1s %
E2nsd t6roughc dfss Gonla be mt aet ca
Il s se M sp ss9fs e ss y q aae FROM h
a ss Mhs as sGana to
u .ng IT. ~. Paseas FLO 70
~ W. ca,atc,9ns ss tt GySs anu assac
sentsd. AZ must act on existing facts: Viewing
BE ghs for h hs sate %ads Sy them Is sE
tio1a6's.
NoW. Wlth regard 70 TVS feiatofs 4 a0cs NOT ap-
pear ihat II rhs tas's by virtue Of which he alleges
The register which the Secretary is required to
tSa1 y among sSo the
ceart 10 % eompel tic sccfsiar5 to eettis Iii o.
an enrolled act to 1c law, which Is not among
,hs hs tSs ss
t1ry 10 know the facts thst he Is bound to know In
order to determine that this bill is law: Or
dec1a1ise @ any ny Writirs Il his p possession, Iasins
tic form OF cn act o the Lcyisla;ure, but bearing
marks of authority, 70 be, for any resson his In
the land: II the reasons alleged existed 1t wonld
not under the statute be The duty o:thc Secretary
to certify this bill to be lay. .on
obl:gcs the secretary, when required By my per.
son 20 to do 10 maze oat copies or 8: LAWS acts
resolutions. Or Other records appertainins to rs
seal OF etate:" and By section Z. 1t IS provided
that al! pubic LAVE acts and resolutions, passed
y ns 5e de Se Is
especially eh1fgcd -
1t is not here alleged inthc petition. OF nltcrna.
tive writ that this act vas deposited vita the Se:-
aEd deposited in hs ofles as sash; nor T. II any
NheTe alla:ed thz. ne act T. puniie aet aw. u,
Office q Tie Secretary q State. Il i very appar
ent then. that -the Secretary. OF State, from
tic; Ielator's own showing Ia not in
position with respect to this act to be compelled
to Giye q copy Of It even. much lces to be COM
Ee1ed to certify 1t as law. for The reason alleged
o. for any other rcasou. =.
AS the plaintiff IN suit at law Is bound In de-
caration to state Gaze, primo jack good, so is
the rclaor in this proceeding And In this case all
the material facts being admitted, the relat,
shows no title to the fellei caamca.
In my oninlon1 chapter W o. the favlaed statntes
page Tlte LaEs, pIoSiding tor tae aAtaent1ca-
uGn o. 6ls PASSED ~ tne ~ conn.