Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-25

the Senate yesterday
= NASHVILLE, March "a, 1S73.-GeDt.e-
men OF ire General Assembly: Senate bill
No. 240, entitled "An Act TO provide against
the evils resulting from the sale Of intoxi-
eating liquors ia the State of Tennessee"
has received the careful and anxious con-
sideration its importance demands. The
vast social interests involved and the evils
intended to be corrected by its provisions,
render my duty in returning the bill with
out my signature doubly delicate. But Of
fetal duty to support the Consultation, I'M
der nv convictions Of it's provisions, can
choose no other alternative, whatever may
be the consequences to myself or others.
All the authorities presented for my con-
sideratioD, as well as oil others time would
allow me 10 consult, have been patient
ly examined with the sole object Of
measuring this bill by the provisions
of the organic law, and, after all,
l am led to the irresistible con-
clusion that neither in the mode of its
passage by the General Assembly, nor in
that feature prohibiting the privilege of
tipplfng, unless By a vote Of the people Of
the districts, is it consistent with the Con-.
stitution.
1. 1t is Senate bin and upon transmits
sion TO the House was adopied in lieu of
House Bill No. 304 entitled "An act to
amend the tipplirg laws Of the State"
which had already passed two readings. 1t
then passed one reading and one only, was
signed by the Speakers of both Houses and
submitted to me for my action. The first
question presented is "Did this Senate Bill
No. 24O, pass the twohouses Of the Gensral
Assembly, in accordance with section Is ar
ticle IL. of the Constitution. That provision
is as follows: "Egery bill shall be read once
on three different days and be parsed each
time in the House where it originated be-
fore transmission to the other, No bill
shall become law until it shall have been
read and passed on three different days in
each House, and shall have received on It's
final passage, in each House, the assent Of
amsiorily~ofa all the members to which that
House shall be entitled under this Consti
tuition, and shall have been signed by the
respective Speakers in open session; the fact
Of such signing 10 be noted on the Journal"
If this provision is merely directory to
the General Assembly, perhaps the question
should rest alone in the discretion Of that
body. II, however, it is mandatory, the
manner of the passage Of bill may faint II
with uuconstitutionality, rs mach IS If one
of It's provisions were repugnaDt to the or
ganic law. Cases have been cited from the
courts of other States upon this subject.
in 9th Ohio Reports, page l79, the court
quotes the provision of the Constitution OF
that State as follows:
So Art. IL. Sec Is. Every bill shall be full
" and distinctly read on three different days
unless in case of urgency, three-fourths of
the House in which il shall be pending shall
dispense with this rule"
This is held TO be merely directory p!ovis-
ion; other cases are cited, where the same
language is employed and similarly con-
strued.
But 10 opposition to this, are the cases In
Sd Gilman's (Indiana) reports, page 400,
and McCullock VS.. the State, 18th Indiana,
page 424, where it is held that a similar
provision is mandatory, and that bill
passed in violation Of il is unconstitutional.
Again, in eonstruing the provisions of the
Constitution of Illinois, requiring major
ity of 81 the votes of each House TO be cast,
by ayes and noes, on the Journals On
the final reading of a bill, the ST.
preme Court held that the
provision was imperative and could not be-
dispensed with by the Legislature. 14th
Illinois Reports, 297. 25th Illinois, 1913.
,
tutional Law, page 100, it is said: '.For not
only is it essential that the will of the law
maker be expressed, but It is also essential
thai IL be expressed IN due form Of Id,1
Since nothing is law, SIMPLY and solely be-
cause the legislators will is that it shall be
unless they have expressed their determine
ton to that effect IN the mode pointed oui
by the instrument, which invests them witt
the power, and under all the forms, whiet
that instrument has rendered essential
And in Cooley on Limitations, p~ge l4O
note, it is said: "But the rule respecting
three several readings on different days Il
specific and capable Of being precisely com
Piled with, aud we do nOtsee how even unael
the rules applied to statutes, 1t can be re-
garded as directory merely, provided 1t ma
purpose beyond the mere regular and or
derly transaction of business. That 1t ha'
such a purpose, that it is designed to pre-
vent hasty and improvident legislation
and is, therefore; not mere rule of ORDER
but one of protec' ion to the public interests
and 10 the citizens at large, is very clear;