The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-26
AN IMPORTANT REQUISITE OF CON-
CURRENT LEGISLATION.

To constitute valid act of any Legislative
body consisting of two distinct chambers
bill must originate in one branch, be mature(
and pass with all necessary formalities, bt
reported by that branch through its proper
officer at once to the other, be taken up by
that other branch in its proper order, con
sidered on its several readings, passed and re-
turned to the chamber in which it originated,
where it is signed by the presiding officer. 1t
is then sent by the presiding officer to the
other branch and again returned to the first
branch, from which it is sent to the Executive
for his signature. All Of this must take place
during the period Of the session, whether the
session be terminated by constitutional
limitation or whether, in the case Of an extra
session, il be terminated by the concurrent
action of the two branches.
Hence bill originating in the lower house
Of our General Assembly may pass regularly
through all its stages by a unanimous vote,
be sent to the Senate for concurrence, be
passed and returned to the House with amend
ments, and the amendments be pending in
yet the succeeding House will not be able to
take up the bill and pass it finally. The rule
is that the uncompleted work Of session dies
with the adjournment, whether the hour be
fixed by the Constitution or by joint agree
ment Of the two houses. Hence it is often
noticed in the proceedings of q Legislative
body that a member asks leave to withdraw
from the files Of the House or Senate bill of
the last or Of some previous session, some
times with the purpose of using it as raw
material for new bill, sometimes merely for
information, and sometimes with a view of
presenting it as a new bill.
1t is not competent for either body to call
from its files bill of former session and re-
sumo proceedings upon it where the last ses-
sion left them. Nor is it competent for
either body to take bill which at a previous
session came before it from the other house.
and pass it, or in any manner act upon it as
the bill of the other house. Whatever fails
to pass at any regular session before the hour
limiting the session has arrived, or at any
special session before the joint adjournment,
is as dead as any mummy that sleeps in the
vaults Of an Egyptian pyramid. To revive it
at succeeding session requires its introduce
ton as new bill, and then it must again go
through all its stages in both houses before it
can be sent to the Executive for his approval.
Any other rule Of procedure would lead to
conclusions. What would be
the consequence. for example, if our State
Senate were to take up to-day, from its
old files of January, 1875, bill that had
then come to it as passed by the
House, act upon it and finally pass it
1t could not receive the signature of the
Speaker unless sent to the present House in
open session. Ii SO sent, the House would at
once protest that it was not the bill of the
House as now constituted, and would refuse
% receive it. bill originating in the House
s the property of the House until sent to
,he Senate for concurrence; it is then in the
custody Of the Senate until passed and re-.
urned to the House. 1t is then the property
# the House until sent to the Senate for the
ignature of the President. It must then be
gain returned to the House, by which it is
ent to the Executive for his signature and
pproval
If the Senate can go back year and act
pom House bills of former session it might
8 we'll go back two, three, or five years, and
t any time draw an old House bill from its
ry and dusty pigeon holes and give it anew
he breath of legislative life. The great end
{ concurrant 1eoicIatio ion nv q hodv concistino
T two branches would be defeated, and the
ouses would no longer have check upon ,
ach other. To constitute law according to
,e theory and practice Of American legisla-
on bill must be introduced and finally
assed by both Houses a. one and the same !,
,ssion. Any other rule involves danger and :
osurdity.