Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-15

shall be passed by either house until it shall hav
been read twice at length" You see the languag,
| OF this provision of the Minnesota Constitution il
Almost like ours, with this exception, that ther,
| they require bill to be twice read at length
whereas we only require it to he read length
| Mr.. ENos-1 desire to ask the gentleman ques
ton. Does that Constitution ref, rred to contain
provision that this shall be mandatory and pro
| hibtory?
| Mr.. SEARs-I do not know. Now, in regard to the
practice under that provision of the Constitution o.
Mlhnesota. l have gone to the journals of the
Rouse OF Representatives OF Minnesota, and page
| e02 hnd the practice that has been followed ir
at that State. Tread from journal of Minnesota Leg
stature showing that the practice was to read bill
the hrst time hy title and twice at length in accord
| ahce with the constitutional There you see, the
constitution required in express terms that bill
should be read twice at length 1t is read first by
tIie ana then, II they required it to be read again
on lhe same day. they suspended the rule and read
the second time at length. As l said before,
THAT QUESTION WAS PASSED UPON
By the Supreme Court of that State That is in I'd
MINI, page 330-a case entitled the Board OF Super
vlsors OF RAMSEY County vs. Edward Henan II
quotes from the constitution the passage which
nave Just read. lReads from the decision The
result OF that decision is that the Supreme Court
mold there, while they do not decide the preston
directly that all that is necessary is to read bill by
.l.ie wnen II Is introduced the first time the other
readings shall be at length. Now the Ohio Consti.
tutlon which was adopted in 1902 has this provs-
ION Every bill shall be read on three different
daVs IN each house, unless in of urgency three
tourths of the house where said bill is so deDendin
snail deem it expedieut to dispense with this rule
and every bill having passed both houses shall be
signed bv the Speaker" Now in 1851 the State of
ONO adopted new Constitution in which they
changed that particular provision IL now reads /.
Every bill shall be fully and distinctly read on
three different days. unless in case of urgency three.
fourths OF the house where such bill is depending
snail dispense with this rule" Now the practice un-
der the Constitution of 1902 was to read the bill
L t1fin
adopted In 1851 is to read the bill fully and dis
tnctly at length three times. The Nebraska Con-
stltntlon also has similar provision "a Every bill
snail be fully and dstincy read three different
days, unless in OF urgency three ourths of the
house in which such bill is pending shall dispense
with this rule" Now the Journals Of the State of
Nebraska show the practice there and will
that most OF US know very well the practice in this
State before the adoption of the present Constitution
was to read bill three times by title, unless the
reading was called for by some member Reads
from the journal of the Nebraska Legislature show
ing bills read at length three times The Constitu-
ton OF Alabama passed in 1867 has this provision
Bills may originate in either house, and may be
amended, altered or rejected by the other; but no
bill shall have the force Of law until three
era days 1t shall be read in each house and full dis
cussion allowed thereon unless, in case of urgency
fourffths OF the house where such bill is pending
deem 1t eSpedient TO dispense with this rule" The
practice in that State has been to read the bill by
title. In the Constitution of Georgia there is sim
liar provision, and there the practice is the same
TIE UNITED STATES SENATE.
Now we come down to the practice in the United
States Senate, which may be c0nsid. red a good
precedent for the government of this body Here
the rule is Every bill and joint resolution shall
receive three readings previous to its being passed.
and the presiding officer shall give notice at each
whether it be the first, second third reading
which reading shall be three different days unless
the Senate unanimously direct otherwise" Now it
is claimed by members who may take the opposite
OF this argument that when rule or law requires
bill to be read on three different days that the word
"read" means that the bill shall be read at length,
but such has not been the practice in any State
in any legislative body in the nation The Congress
sionat Globe in which embodied the proceedings
OF the United States Senate and which is the official
record of that body says Bill for the payment OF
Edward Hubbsrd, mail services, was read twice by
its title and refeEyed to the Committee on Post
offices and Post Roads The bill making appropria-
tons for the payment of claims reported to Congress
under Section OF an Act approved June 70, 1874,
by the Secretary of the Treasury, read twice by
its title and referred to the Committee on Claims
ETC. Therefore, under the same rule governing the
United States Senate We have in Constitu-
.ion the practice in that body has been to read the
bills by title. And Mr.. President. in order to re-
move any ambiguity which may exist in the mind
OF any member in regard to
THE CONSTRUCTION or THE LANGUAGE
OF that provision of the Constitution, through the
pol teness OF the reporter of the RECORD MON here
Mr.. Willis, who the official reporter appointed
by Governor lrSin for that Convention, have be
enabled to procure trans rlpton OF the debate in
the Con, ention tou hing upon this matter a d YOU
are all aware that they have never been printed.
And may here remark that it will be very import
ant for the information OF the Supreme Court of
State that the reports Uf the debates OF that Cor
venti shall be printed for they will be ca led upon
TO refer To them in order to arrive the intention
of the trainers of many provisions of the
Constitution where an ambiguity exists In the first
place the provision relating to the three readin
OF bills was introduced by Mr. McCallum
1t referred to the Committee Legislative
Matters, which was composed OF various eminent
gentlemen The Chairman of that committee was
Judge David 5. Terry of Stockton. The other day
met Judge Terry, and | asked the idea or the in
tent OF the committee in framing that provision
which finally adopted by the Convent on.
| have also asked Mr. Van Dyke, Senator Bnrt,
Senator West, and the presiding officer OF this body,
who all members of that Convention, and they
all answer me that there is question but what it
was the intention of that body that these bills might
be read by title the first and second times and at
length their final passage. The provision origin
ally reported by the Committee on the Legislative
Department was as follows:
''Sec. l5 No law shall be passed except by bill
Any bill may originate in either house, but my be
amended rejected by the other, and on the final
passage of all bills the shall 6e read at length and
the shall be by ayes and noes separately, and
shall be entered on the journal and no bill shall
become a law without the con :urrence of major
ity OF the members elected to each house."
TO this Mr. Reynolds offered the following amend
ment: lnsert after the word Dill, nor snail any
bill be put upon Its final passage until the same,
with the amendments thereto, shall have been
printed for the use of the members. Nor shall any
bill become law unless the same be read on three
several days in each house, uniess In case OF
urgency, two-thirds OF the house where such bill
may be pending shall, by a vote of yeas and nays
deem it expe ient to dispense with this rule"
The words " deem it eXpedient were afterwards
stricken cut.
Mr.. Reynolds said " Ihis amendment comments
itself to the consideration OF the committee without
any remarks or waste OF time IN discussion. II
simply provides IN adoitlon 70 1ne provisions u
ments, if any, shall be printed before the bi with
the amendments, shall be put upon its final passage
1t seems to me that provision OF this kind needs
Communicated not to be urged upon the atten-
ton OF tins comunttee; we nave had sufheient eX-
perience here in this convention and in early legis
that il Is imDossjble for a member to understand
what he is voting for or what the provisions OF
bill are by hearing them read at the desk under
take to say that OF the legislation whicn goes
through under suspension OF the rules, simply by
beng read at the desK, not ohe-quarter Oh the mem
oers kno" what ,hey are Notiis ioI anu the ODJecI
OF the provisions OF the amendment Is that the bii
snail be read-or "nat Is 'ne same .hihS, consid-
ered-on three several utys Deiore peiD9 put upon
its final passage. Inc OBJECT OF that Is apparent
IL Is TO prevent nasty ieSs'atioh, unless IN case Oh
urgency, "i~h t;le Tues may os suSPthuea of Two
thirds vote thihk they are ooth wise provisions,
both tending TO guard iesisiatioh ihese are the
only Two proNlsiois thae az ~ eueu aie,u,
ment. lney are Doth " Sc; me! are NOT h'eehueo
to, nor VIII tney, hamper lesslalloh out 70 compel
IL 10 oe ooe oecehtiy anu l, oiuei te uie ieSisi-
0on mas ,yeGin,, 9eGn M.a, W., a :, .ho, ,.
MI; My ~ u ~, 81, II .ne! pu' tiia. pio
vision IN sne @ ~ unish' DC eohs'rueu
that ,he oni eanho. ,, r1 1e ., ieau " ~ .itie'
Ai. NC ~ En-, - ,,I 81 . , 10 ~ -. % i.. '