, 1871-12-25

tacit assent give the act of 1S67-S force :?
Or is the act binding proprio rigore, is
it law because within the scope of Leg
islatiye power Clearly it is either
law, or not law. If the former, then it
is absolutely binding upon all future
Legislative Bodies; and is law because
strictly within the province of Legisla-
tive Power as dalagated by the Organic
Act. Then it must follow, that If the
Legislature of 1868 possessed the
power to prescribe that the acts of a
succeeding Legislature should go into
effect SIXTY days after the close of the
session, it could prescribe that they
should take effect siaty years afterwards.
and thus in order to escape this restric-
ton, compel that Legislature either to
repeal the law, orto prescribe different
time in each act. Tothis absurdity must
the argument go, if it is conceded that
the power is possessed at all. But the
power is not possessed. The act of
Congress of June 18th, 1864, amendato-
ry Of the Organic Act is as follows
/. Every bill which shall have pass
ed the legislative assembly of Washing
ton Territory shall, before it become a la,o,
be presented to the Governor; If he ap-
prove, he shah sign it, but if not, he
shall return it. with his objections, to
that house in which it shall have origina-
ted, who shall enter the objections at large
on their Journal, and proceed to recon-
slider it; if after such reconsideration,
two-thirds of that house shall agree to
pass the bill, it shall be sent, together
with the objections, to the other house,
by which it shall likewise be reconsider
ed; and if approved by thirds of
that house 1t shall become q Llo; but i'll
all such cases the votes of both houses
shall be determined by yeas and nays,
and the names of the persons voting
for and against the bill shall be entered
on the journal Of each house, respec-
lively. If any bill shall not be returned
by the Governor within five days (Sun-
days excepted) after it shall have been
presented to him, the san,e shall be q Latc,
in like manner as if he had signed it,
unless the legislative assembly by their
adjournment preventit its return, in which
case it shaH not be lao.
This act is copy of sec. Of the Con-
stitution of the United States, save that
it substitutes the Legislative Assembly
of Washington Territory for the Con-
gress of the United States, and the Gov
ernor of the Territory for the President.
1t is fact that every act of Congress,
unless the act itself prescribes different
time, takes effect from the time it is
signed by the President. 1t then "be-
comes. "a law" and being law, is in full
and complete operation, as law. So
when the Governor signs, the act " be-
comes law" If be vctoes it and two
thirds Of both Houses pass it over his
head, sit becomes law" So if he re-
tains bill for fire days without signing
it or returning it with his objections,
the organic act says the same shall be
IL 1fsH. AC tAtllC nACA dA
ed and signed by the President takes eff
feet can properly appear only from tie
act itself. 1t goes into operation the
day on which it is approved, and has
relation to first moment of that day" =
In re Welman, 20 Vermont, 653.
Every act of the Legislature must be
a full and complete exposition of the
law-maker upon the subject matter of
that act. 1t is not necessary to look to
some other sct, to add to it controlling
provision. 1t is the single exercise of
conceded Sovereign Power, complete in
itself, and binding upon the citizen
from the time it becomes law. 1t is
not only within the province of LeSisla-
tive Power, but it is the performance of
a duty enjoined. While it has no single
attribute, derived from the exercise of
similar power by preceding Legis-
lature, it can palliate no neglect in franz
ing ii carefully and effectively. and thus
making it the complete and single ex-
position of the Legislative will. One
Legislature cannot share with another
the responsibility of the single act, nor
can We look to a complete law passed,
signed and approved for rights secured
or duties enjoined, and to another and
different one passed by some preceding
Legislature for the time when it shall take
effect. This would subdivide the power,
and place part of it in one Legislature
and part in another, each being neces-
sary to complete the single act.
1t would seem therefore very plain
than an act of the Territorial Assembly,
like an act of Congress, I" becomes a
law" and takes effect from and after
the date of its approval, unless the act
itself prescribes different time; and
that it is not in the po,cer of one Legis-
lature by the exercise of the law max
ing power, to frame and pass into law
controlling constituent part of all laws
that may be framed and passed into law,
by any succeeding Legislature.
10 do this, the Legislature of 1S67-8
st have possessed the power and Jur-
II on Of Congress when exercised in
'dlct- Re organic act, or that of Par
asslng rich Sir Edward Coke says
ament' W. 1eltal and absolute, that
SO TRANSCEND nt.-olled or confined,
cannot De Co. persons, within any