, 1877-07-13
TIE APPELLATE-coURT Law.

TIE APPELLATE-coURT LAW.
The question has bean raised whethor tho
bill creating an Appellate Court was constl-
tutionally enacted. Tho Constitution pro-
vldea:
Hills may os1etnats Ia either House, bit mar b
altered, amended, or rejected by the other; and. on
tho dual passage o! all bills, tho vote sail DO BY
yea. md rays upon each bill separately, aua saau
10 entered upon tue Journal; and no bill shall ee'
come law without tho concurrence Of majority
Of ths members elected 10 the nousc.
Tho Appellate-Court bill originated in tue
Seuato, whore It was pissed and the vote
recorded na required; the House amended
tho bill, and passed 1t BY yeas anu nnys; tho
Senate thon refused 10 concur III the amend
nent; and tho House rece1cd from its
amendment. No vota WAS takou on the pas
sage Of tho bill iu tho House after tho amend-
ueut was receded from. On this point the
clai,n is set up that tho bill WAS nsser con-
additionally passed by the House. Ths
question is ono Of parliamentary and not OF
constitutional Inv. What constitutes the
" passage" of bil2 This is defined by
parliamentary rules. No voto Ia ever hken
on the question, Shall this bill passs but
| once, When bill passes one House and Is re.
turned a,nenlel, the only question to 10 voted
on IL, "Ehall tic House concurin the anlend-
| ment7" The amendtn ant may DO amended,
| In which case the question Ia on concurrlng
! In tho amendment ~ amended. The ques-
tIon Ia usver put, "shal! tho bill pass ~
amended by The other 1touse?' After the
Itouso pasaoa tbs Appel!ata-ceurs bill It had
"passed" both Houses, aud the only qucs-
tiou open between the Houses was upon the
amendment. 1t WAS not new bill wl,en 1t
was returned To the Senate with IN amcnd.
ment When the bill wns returned to the
House II WIS not now bill, aud tho on!y
question was upon rccoding from tho amend
meut, II the House had insisted upon the
amendment, aud, after conferences the two
Houses had been unable to agree, the bill
would have been dead, but at no time afte'
! tho IIouss had passsa tho bill, with III
| amendment, could the question have beer
| aaaiu put, ''shan this bill pass2' In con
temptation OF law, tho bill hnd passed.
| The Supreme Courts decision In VI I'LL
! nois Is not applicable. IN tllat case, tia bill
r passed tue House; it Aaso passed tho senat'
, amended; tho House refused to concur. an
I the Senate receied from the amendment, Ii
s record showing TINT only e3 sotes were n
I corded nye, WHOM &c votes we1e necessary
md tito Court decided that THIS vote was Ut
4 sufficient to rsceds from the amendment
l. We question whether there can 10 found
d legislative precedent for second vote On tt
i passaRa Of bill, though subsequent pr
q ceeding. on coneurFing with amendments a
= Of ordinary occurrence. Tbs vote on II
4 passage Of 4 bill IL not md cannot ba coad
It tionat Il IL ''tinAl" In the seuse that, II Il
L two uouses eau reach an agreement upon Il
d pealiug amendment, 10 which al snos
T. ousn. proceadingx and Retion must be limi
il ed, ths bill IL passed. The question y u
Il Of parliamentary law and practice, and
O. there be any such law or practice which
Or quises . vote On the question, "shan Il