New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-05
Governor OF Louisiana.
ArroRNEr cEvERA1's OFFICE, }

u - ,y., New Orleans. Nogember 81, is6s.
H. y. Warmoth, Esq, Governor of louisiana:
SIR-1onr communication ofthe fifteenth
instant, propounding legal questions as 60
the act relative to notaries public, approved
April s, 1868, and promulgated NAY Is,
same year, is at hand, and has been care
fully considered.
The legal questions arising under The
statement submitted, makes the subject
necessarily one OF novel character and
replete with legal inquiry. Therefore
shall present the entire subject without
meeting your inquiry categorically, as by
this method can best give the reasons as
| they appear to me why the act in question
| is not law.
| There is no question as TO the passage OF
the bill by both houses Of the General As
| sembly, nor of its presentation to the
! Governor.
The first question, therefore, is: Had the
Governor, under the Cons titution of 1864
during he regular administration of civil
government, the right to sign bills after
the adjournment OF the General Assembly.
and if so, was there any limitation in point
Of time?
This question can only be determined by
reference to article go Of said Constitution.
The first part of said article reads as fol-
lows: " Every bill which shall have pas, ed
both Houses shall be presented to the
Governor; II he approves he shall sign it."
The last clause Of the same article reads as
follows: IF any bill shall not be returned
by the Governor within ten days Sundays
excepted) after it shall have been presented
to him, it shall be law in like manner as
il he had signed it, unless the General As
sembly, by adjournment, prevents its re-
turn"
The first part of article sixty above
quoted simply says, ''if ne approves be shall
sign it, = and there is clearly no Limitation
as to time from adjournment until the fol-
lowing session of the Legislature. The
last clause declares that, "if any bill shall
not be returned by the Governor within ten
days Sunday excepted) after it shall have
been presented 10 him, it shall be law in
like manner as il he had signed it, unless
the General Assembly, by adjournu emit.
prevents its return" Therefore, under said
criticize, any bill might have become law
during session and without the Executive
signature, by the lapse often days-but no
lapse would have such effect during vaca-
ton, as the term days in the Constitution
signifies days Of session only.
This mode OF enactment, however, does
not involve the right of the Governor TO
approve and sign during vacation a bill
passed in the last days Of the session, duly
presented to him for consideration and
action"
In this case il is clear that the Cover
nor. under the Constitution of 1864, had
the right to sign bills passed, enrolled and
"presebted'' during the last nine days of a
particular session up to the time appointed
Tor the meeting OF next succeeding Legis-
1 lature.
This view is sustained by learned de-
cision rendered in The case of the State Of
Louisiana ex rel. Prendergast vs. J. III. Har-
| dy, Secretary of State Fourth District
Court New Orleans, No. IL. 1927, delivered
by Judge Paul Z. Theard June 10 1866
and lis also supported by decision delivered
in the Supreme Court of New York upou a
similar question, in the case of the people Of
the State OF New York by their Attorney
! General vs.. James Bowen and others. and
reported in Thirtleth Barbonr's New
York Reports, page twenty -loar.
The next question that arises in this case
is as to the right OF Joshua Baker, Governor
by appointment of the United States mill.
tary commander, TO approve and sign a bill
first presented by the General Assembly n
the Governor of the State duly elected and
quslsaea under the Constitution OF 1854
after the iOrcble removal of said constisn
tionAl Governor from bis said office.
Ia determining this question We have 4
deal with both facts aAd law. J. Madison
Wells, Governor elect under the Constiti
ton Of 1864, was removed from Office Jun,
;, 1867, BY reason Of which removal Lieu
tenant Governor Albert VOORHEES, became
n Hogernor under said Constitution II is
however, pue in fact that Ben
Jamin \. Flanders aud Joshua Bake
were subsequently respectively ap
pointed " United States military
commanders q Provisional Governors o.
Louisiana but such appointments moi
being Recognised BY the Constitution O.
/ 1864 the iacumbeaf named, although DOS
! aaAssnn militaru aAzE-Lll.. = lI.a.l..1..lr AZ
laws. could not pellolm any leeisls,iv,
! functions, such - pefltia 70 Tho oEfiSe q
Governor. duly elected aud 4nalihad hndeI
the Constitution Aforesaid
\ The Legislative authority. 0fEhich u.
/ executive u part was derived under hi
said Consultation from election b ths
people, 10 manner and form therein pre-