Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-08
FRIDAY. ...... FEBRUARY .. 1883
A Constitutional Point.


The MILLS bin was passed by the House
of Representative. some months AGO and sent
over to the Senate for It's sction therenpon.
The Senate at once substituted its owo bill
for the House bill, aud, after discussion
lasting for months, passed the substituted
bill and sent 1t over to the House OF Repre-
septstlyes for its action thereupon. The
right OF the Senate 10 substitute lis own bill
for that OF the House OF Representatives Is
denied by the Cleveland (Ohio) Plain Dealer
on the ground that that proceeding was IN
violation OF the following provision OF the
Federal Constitution:
Article l.. section 7, paragraph ]. GAN
bills for raising revenue SHALL originate IN Tue
House OF Representatives but the Senate
may propose or concur With amendments as
on other Bills"
There il only one question raised by APP
psalIng TO the paragraph quoted aboVe-to
wit, whether the Senste's substitute was an
amendment" within the meaning OF the
words Jus, quoted from the Constitution.
We are decidedly OF the opinion that sub
stitule is an amendment within the meaning
of the Constitution. Certainly q sub
siitute for any one paragraph In the
MILLS bill would have been held to be
an amendment. SO substitutes for two see
tions would have been held TO be constitu-
tional. There would seem 10 be no good
reason why in bill contAining thousand
paragraphs substitutes for one hundred OF
them should not be ruled TO be in the nature
OF amendments; aud logically we are led to
the conclusion that substitutes might consti-
tutionslly be adopted by the Senate for all OF
the one thousand paragraphs. There IS no
virtue in the word amendment" II the
word "substitutes had been employed in
the Constitution where the word "amend-
ments" IA used, amendments would clearly
have been clauses, or sentences, or
paragraphs, substituted for clauses, or
sentences. or paragraphs In the House
bill. aud therefore constitutional. In
fact, We cannot imagine how anv but most
sbadowv and unreal line can be drawn be-
tween amendments and substitutes IN
doubleday the Senate has the right to strike
out sny aud every section in revenue bill
sent 10 that body from the House OF Repre-
seniatiyes. II to strike ont the hall or reject
the whole Of bill IS to amend IT, tea it
does seem to us that TO insert substitute for
whatever was stricken ont would be TO
amend bill.
Six years ago. when both houses Of Con,
ercss were Republican, the same point was
made against senate bill. Tie point was
eYaded IN the House OF Representatives by
sending the bill to = committee OF conference
instead OF considering 1t and deciding the
question which had been raised.
Liberal constructions Of the Constitution
are the order Of the day. That instrument
must not be so used as to produce a,rophy m
the body-polilic. For ninety years the
United States Senate held that a vacancy in
that body caused by the expiration Of sena-
tors term did not "hanpen to occur " within
the meaning OF the Constitution. some ten
wears ago senator Hull. OF Georgia, argued
that the phrase "happen TO occur ought Ia
be construed a. II IL read. "happen TO be. "
The Senate reversed it, old decision aud Nd
mitted senator elected TO OH snch a vacancy
as In previous years had been held to he one
not included with those happening TO oc-
cur"
The Virginia Constitution once contained
provision similar 10 the one under cOnsd-
eration; but that instrument now provides
that bills may originate in either OF the two
houses Of the General Assembly. Our Con-
siitution was In large measure copied from
that most OF the States have done away with
the requirement that all revenue bills shall
originate in the lower body OF the Legisla-
ture. II is requirement based upon no
good foundation, seeing that sIl and every
change that the least popular branch can
make must he sent back to the most popular
branch for its approval or rejection.