Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-12-27
APPROVAL OF BILLS.

The President Has Power to Sign an
Act During the Recess Of Congress.
But NOT AFTER THE ADJOURNMENT OF BOTH
HoUsEs-A BILL THUS SIGNED BY PRESIDENT LIN
COLIN RE-ENACTED.
"The question as to the power of the President
TO sign bill during the holiday recess OF Con-
gress is an interesting one and the case cited by
Mr.. Murphy, the official reporter Of the Senate in
fridays STAR In relation to the approval of the
West Virginia admission bill by Mr. Lincoln is one
| of many precedents that might be quoted" said
Mr.. Harry Smith, journal clerk Of the House to a
STAR reporter this morning.
81 have had occasion recently to look the matter
up and think there is not the slightest doubt of
the Presidents power to approve bill during
such recess. Furthermore do not believe that
the constitutional limitation Of ten days runs or
applies during recess OF Congress. That provi-
sion is as follows:
'If any bill shall not be returned by the Presi-
dent within ten days Sundays excepted) after it
ShaH nave Deen presented TO him, the same shall
be law In Like manner as ii he had signed it, un-
less congress, by their adjournment prevent its
return, in which case it shall not be a law
OF course, the President cannot "return' a bill
reason no part of 'recess" should or can be prop
erly counted as part OF the ten days within which
oil becomes law If not returned by him with
MS 0D1ectlOnS. The word returned" has special
significance, it should be observed II he approves
Dill 1t is not returned to Congress- but deposited
In the State department for PRONUNCIATION. Neither
the Constitution or law requires the President to
nSty eng peg n hs but that
proper thing to dO 1t is not at all essential to fits
validity. Indeed as matter OF fact there are laws
on the statute book to-day the approval OF which
Is at least one bill certified to Congress as Approved
Oy PRESIDENT Grant which does not appear as law
am LOOKING up The history OF that matter now 1t
is not generally known that President Lincoln ap-
proved very important bill known as the s'cap-
tured and abandoned property act" on the 10Th Of
March, 1863 nine days after the expiration OF the
Ihirty-Seventh Congress. In the first session of
the following Congress Mr. Eldredge OF Wisconsin
submitted resolution directing the judiciary
what warrant or authority said act was approved
On the 10Th Of March, 1859, and whether it was in
Iorce Ihe committee reported On the l1th OF
June, 1864, the report being made by Mr.. Wilson,
OF Iowa, the present Senator, and referred to the
committee on ways and means After recittnp the
facts the committee say:
"The committee are informed that I'm the great
press OF business Immediately preceding the ad-
| journment OF Congress On the 4th OF March, 1863
the act which Is made the sub1ect-matter of in,
qu1ry by the resolution OF the House was passed
to the secretary OF the Treasury for examination
as 1T related particularly to his department. It did
not reach the President again until after the ad-
| jOurnment of Congress, when it was approved by
him under the belief that the last clause of the
section above quoted lsec art: was designed
laws without the approval OF the executive which
| might be done by, the passage of bills by
| before the President could examine and re-
| turn them, were 1t not for the declaration
that in such cases the bills shall not be
laws; and did not relate to cases wherein the Ex-
ecutiye should approve bills sent to him within
! ten days, even though an adjournment should
occur before the return of the bills. That there is
force and FEASIBILITY in this position little re-
! fection Will discover to any mind; but the com.
m1ttee cannot receive ii as correct Interpretation
OF the Constitution. The ten days limitation con-
tanned In the section above quoted refers to the
time during which Congress remains in session,
and has no application after adjournment Hence,
II the executive can hold bill ten days after adj
tOurDment, and then approve 1t, he can as well
hold it ten months before approval This would
render the laws OF the country too uncertain and
could not have been intended by the trainers OF the
Constitution. The spirit OF the Constitution evi.
IDENTIFY requires the performance OF every act nee.
| eSSary to the enactment and approval OF laws To
| be perfect before the adjournment Of Congress
The committee therefore conclude that the act re.
ferred to, approved March 12 1853 is not In force
| and in this conclusion the committee are unani
| NOUS"
] An act was thereupOn passed approved July 9
1s64) validating sales of property under said aci
OF March 12, 1853, and Substantially re-enacting
much OF said act.