, 1864-01-26

.nEEg1g 1g.-Eers..zZ-2s.:xEs
leIontc In which they originated.
. TIE object Of giTipg this elaboration and quail
fed ncgative as t9 guard aga1nss hasty. improper
lie Governor has. It in hia power to compel 4
closer scrutiny and more thorough examination
lnlo all biIls about TO become laws. -"'-
Be Is required 10 acthy approval OF dlsspprova1,
ard TO communicate tho result ol his deliberations
10 the house In which the bill originated, only,
however. on the cond'tion- that there be ar:h .
house with whom it Is practicable to commurf-
Il t5ia be the true exposition Of this provision,
sn Is I Da sne ge
sa1iScd assembly to receive the return Of th3 bill
with lis objections, the fe:uru would be I'M In
possibility. II. the houzes disper:e, and abandon
tho Capitol leaving no existing legislative body
in fact, capsule OF receiving; the Gs7egnors com
munication, IL not tho effect, Tor. all practical
purposes, the same as il the Legislature had ad-
joniped IN 6ge form, leaving the evidence thereof
Can t BE- that, by legal fiction the Legislature
will be deemed IN sersion, when, in fact there ia
the effect Of s1ch legal fiction is to nullify part
of the constitution by a PRACTICAL overthrow Of
support Of rights claimed under law, not In dero-
This position, II Eound, would enab1e one house
tte constitutional eGeet Of hts negative. TO give
full fleet to this negative power OF the Governor,
in esisIation, the adjournmeut which shall prac-
tic:lly. deprive ths ETeeatiys Of the ability to
have originated, according 10 legislative or par
II meltar5 usase . must In my Judgment, be takon
as tie adjournment contemplated by the constitu
tim. It's equivalent 10 # in all respects. Il By
reason Of an insu1rectlon, invasion by pestilenec
Ct Il Oh violence, Legislative body Is suddenly
. dispersed and broken pp, iearing no s9Jontntug
by, Prevented t ON inakin4; re!urn Of . bill with
his objections tn writing within the ten days,
will It he terio9s'y aaid, the bin has thereby be-
time, and what would be competent evidence Of
Its existence as q law' ;. - -.
Now, Taa there = Senate, a a1eglslattye body, in
lature to assenble during any portion Of the time
The return states the fact that there has been 70
legislative session OF the General Assembly snca
the tenth day Of June, unless IN assemblaEe. oc.
curing on the twenty-thi1d day Of june, OF three
o he senate ana tour members Gf t1e
the interval no Legislative proceedings were had in
either hoase: The relaor inststs that parole evl-
fnadmisaabic He insists, By tho sttntlon, esch
house is requ!rcd to keep journal Of its proceed
1 tsa Sss
continued In session unts an alJoulning order
ss e e9tssa s7 as so eonsaou ,so.
that each honEe Bha] keep journal Of Its proceed
ipgs and publish them. The proceedings, then,
without tc other, and in he absence Of both there
ctn be no houses. So
The jonrnals must show proceedings to establish
ILe jon1nala do not show any proceedings from
the tenth to the twcatythird of june, consequent
r there was no legislative session during all that
Nor do the Journals show meeting. Of a quorum
ofeach house On the twenty third, nor thst there
ns any vote taken the tenth, to odjonrn to that
day. nor do they show an adjournment from day to
IL q IAdu mn hAt mn "A cfA
The Journals mus. chow these things a1lfuas
tirely. No presumption can be indulgod against
me journals. By their very silence IL these re-
Sst S.s e BE-
cral Assembly eince the twelfth day OF June, how
was possible for the Governor to return tho bill
with his olJcctionsS
at this point the Judge.enters upon the fnqt[iry
what Lad become Of the two Ehouscs Of the Lcgts-
lature, admitting that they had not been in ses-
sion since the til day Of June, and answers 1t by
reference to the facts disclosed by the record
the disagreement OF tho two houses3oa the ques-
ton of sd}ournment,- the proclamation OF tho
Goycrnor-the protest Of tho majorities Of the two
l,ouEee- alleging that the Governor by an Illegal
outrageous and unconstitutional attempt to dis
Eclse them he'd put an end to any further Ies1sla-
ton at that tfmc,-the inilure Of the two houses to
make any attempt under tho authority conferred
upon them by the constitution Tor that purpose to
compel tho return Of tue obeent membcrs,-and
concludes from those facts that even admitting
that the net OF the Governor was In the language
Of tho protest, Illegal, outrageous and pnconsti-
tutiona1. both hen:es having adopted It, and die-
pcrrcd. they thereby put m end TO the session.
cyincing, at tho ttmc, no intention to resume 1t
This for all practical purposes, was IN adjourn
ment t1af- die"
The Judge thcn takes the position that cycn II
The Governor had not fntertcrcd at all, and bot6
peEGsap s on @ tag ss9n whopt
their balls and had dispersed and had
1cEtr alter that day been seen in session as IN or
ani2ed thst i ou!d not then be ra
legislative hody, by mere force Of the fact that
they wero at one time in regular session, and thst
cteT 6opes: @ sreh p1esanption M ns w5aia be de-
how tic entry Of any legislative psoeeedinss
he jonIna here are no presesdiass shsre IS
40 :eu1nai' md u no journal no legslavs body Is
Iut it is said this Is question of Intuition and
TIC protest shows the houses did not intend to |
adjourn. The answer fs, the Intuition must
bs st sereS H. &. from [essoa tue @ fss aa4 hat
a. o. the msmesss vhea taken IN con-
1sctien with the o!her pFon!1ent fact TINT since
the 10th Of June 70 organized Legislative pooY mas
wi With @ tbese ID yiewe, ihe Judge concludes that, the
l. not boing in session. it Maa lmpossihle for
hc Governor 10 return the bill to them with hts
slgnatnre OF approval or veto Of rejection, within
1 days. In tic manner provided b. the Co1c- -1tu-
ion, and therefore that the Wabash Railway act
lid rot. by his failure to do 20, become the sw OF
he land. ...
It Is therefore Impossible that the Supreme
Court, entertaining such Views, could consent to
.waEd any process TO the Secretary OF stnte, to
o hill which. according to parliamentary usage
Ind cur own system Of law making, is yet N ferI.
Is yet in IN unfinished state the force and effect
Il lQX. i