Sacramento daily record-union., 1890-07-19
A CONSTITUTIONAL QUESTION.

In Louisiana amendments proposed to
the Constitution take the form of bills of
submission, are passed in the usual way,
and are sent to the Executive for his ap-
proyal. In the case of the lottery amend
ment in Louisiana, the Governor vetoed
the bill of submission passed. Thereupon
both houses of the Legislature rebuked
the Governor, and directing the Secretary
of State to issue the usual proclamation,
regardless of the refusal of the Governor
to sign it, adjourned.
The question now arises whether there
can be any legal election held under the
bill. 1t will probably go to the Courts,
and we entertain the belief that the appel
late tribunal will hold that it is necessary
that the Executive approval must accom-
pany the bill, or record be made showing
that it was passed Notwithstanding any
objections of the Governor. The question
thus raised is very nice one, and will in
terest all constitutional lawyers and lay
men generally.
If the Constitution of Louisiana is to
be read with the plain and obvious intent
of its language in view, then the bill is
sent to the Governor for approval, not as
the houses insist, merely for his "certifca-
tion." If the Governor has no right to
veto the bill, then it was unnecessary to
send it to him at all, since there is no such
thing mentioned in the Constitution as
''certifcation." The Constitution of Louis
lana reads:
Article 70. Every bill which shall have passed
both houses shall be presented to the Governor
If he approve he shall sign it: If not he shall
return it with his objections, etc.
Article 70. very order, resolution or vote to
which the concurrence of both houses may be
necessary, except on a question OF adjourn
ment, or on matters of parliamentary proceed
ings. or an address for the removal from Office
shall be presented to the Governor, and before
i shall take effect be approved by him, or,
being disapproved shall be repassed by two
thirds of the members elected to each house.
The bill in question is entitled "An
Act for the Submission" etc. Besides
being bill to submit a proposition to
vote, it is also bill making appropri-
=ations, creating corporation in a certain
contingency, and providing for other
things in which the Executive must take
q part. No constitutional amendment has
ever been submitted in Louisiana the bill
for which has not been submitted to the
Governor for his approval, and thus the
force Of precedent is in favor of the posi-
tion of the Executive.
The weakness of the opponents of the
Governor is seen in the argument they
advance that the bill of submission passed
by vote sufficient to override any obiec-
tion of the Executive, and therefore it is
immaterial whether he approve or dis
approve of it. This is proposition that
no lawyer in all the land would dare ap-
prove upon his reputation as an inter
prefer of constitu tional law. We venture
the assertion that so absurd proposition
concerning legislative functions was never
before raised
Another remarkably strong point in
favor of the Governor is this: When the
bill was passed, the lotteryites attempted
20 cover their tracks by ordering the bill
to be indorsed Submitted to the Cover
nor for PRONUNCIATION" The Governor
thereupon returned it, with a message
saying that it was improperly indorsed,
and that he would not consider it unless
Endorsed Submitted for Approval
Thereupon in turn the Legislature re-
ceded, and returned the bill indorsed
Submitted for Approval" 1t looks,
therefore as if the Governor must tri-
umph in this constitutional issue.
In California such question as is here
considered might take different form.
Our Constitution does not provide that
proposal to amend the Constitution shall
take the form of bill. 1t simply declares
that if the requisite number of each House
wish to propose an amendment, the record
of the proposition shall be made and the
Legislature may or may not provide for
the special submission Of the amendment.
At the last session an amendment was pro-
posed in the form of resolution, but it
was sent to the Governor for his approval.
and that has always been the practice in
this State.