Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-04-28
WHAT Is THE LEGAL RATE OF INTEREST
VIRGINIA.
Onipions OF senator John ii. 6ilmer and Speaker
John b. Baldwin.
RICHMOND, April &c, 1866.

RICHMOND, April 70, 1000
w opinion has been asked as to whether the bill
-S.nate Bill No. 22-allOwing eight per cent. IN
terest by contract, is not a law.
have no doubt that this bill IS law, and should
have been enrolled and published with the other
laws | have bestowed much reflection and consid-
ter into details as furnish herewith full copy OF
correspondence between the Honorable Speaker OF
the House Of Delegates and myself on this SUBJECT
In this the rules the principles and the laws regua
ing this matter are fully discussed l reIer 70 &c
Recommending letters, which present both sues vi
the question. 4. NJ. Paid
1t may be proper to remark, in reply 10 Mr. Daiu,
wins last letter dated April 1900 tnat MS
Of the Sections and 10 OF Article OF the COnstitu.
ton il in NV opinion, unfortunate. In neither sec
tion IL any mower beStOced. The restraining parts
are adverse TO his position. Sec. g. The House of
Delegates shall choose its own Speaker each House
shall appoint its own officers settle is own rules of
proceeding, &C., &C." Under the facts in this case
section II can have no practical bearing on the
question in issue. As the bill passed the House
without objection the presumption of law is that it
regularly passed under this section of the COnsttu
ton.
will not review or recite the facts and circum-
stances detailed in the accompanying correspond
ence they must be distinctly kept in view at every
step.
viii Mr.. Baldwin contend that any power exists
under the Constitution, any rule Of the House of
Delegates, to repeal law, by either branch of the
House can, PrOPrio pigOre, empower the House to
do this thingl Will he contend that il is in order to
move a reconsideration after joint order has been
erecuted though it may not have beeen reported p
Let us see. At the recent Tdt fcatiOn election Of
Judges named by the Governor lChen did the pOIrer
to control its action pass from the House Of Dele
gateS2 Surely after the vote of the House. The
moment the vote was completed the functions Of the
House were not suspended, but they were exhausted
and the action of the House passed TO the examining
&C. taf han hat nD1if
tee reported TO their respective Houses the only du
ty left the Speaker of the House of Delegates and the
President of the Senate was to receive and announce
the Joint vote If any received a constitutional ma
iOrty he elected and beyond the control of both
Houses for the period of his election. What would
Mr. Speaker Baldwin have done if, after the
election had been announced and the usual prOcla-
nation by him made, some member had "moved
reconsideration under the rules OF the House =
Could this have been allowed Would not Mr..
Speaker have dropped the mace, and informed the
"erring member" that 1.-THE House had lost posses
sion of the subject matter ofits action"
Again, in the high function of electng United
States Senator, when the voting is over, the COM
mttee reported to each House, and an election an
nOunced, can any member move a reconsideration
Certainly not II not in these cases, under the rules
referred to by Mr. Baldwin, how can a reconSidera-
ton be moved after a bill is passed and been an
nOunced a law : Surely the principle, as well rs
the rule, holds good in each case.
Indeed according to my conception of all parla-
mentary and constitutional law there is rightful
power anywhere which can arrest bill after it has
been proclaimed law. Can Parliament or Con-
gress arrest, reconsider or modify bill, by 4 motion
to reconsider after it has been regularly signed p
Surely not Then how, by what rule under what
practice, by what right the House of Delegates
defeat bill, by motion to reconsider, which mo
ton was never made until the bill ceased to exist,
and had actually passed into and been pronounced
a law
have, on the whole case, no hesitation in giving
it as my deliberate opinion that Senate Bill No. % is
a law, and has been wrongfully withheld from pub
LEGATION, under misapprehensiOn. There are now
eight enrolled Acts, published as laws not signed by
the Speaker of the House or the President Of the
Senate. There are thrty,fre Acts and twenty joint
resolutions which have not been signed by the
Speaker And yet all these are properly published
"a laws.
Such being my opinion | will, as soon as my fee
BILE state of health will enable me, commence the
proper legal proceedings to test this whole case.
JOHN II. GlLMER.