St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-04-24
KILLED BY A FLlJKE.
Gov. Merriam Refuses to Sign
S. F. rs, the Hompe
Elevator Bill,
Claiming 1t Never Legally
Passed It's Third Reading
8 in the House.
The Bill was Recorded in the
Journal as Having Fifty
Eight Votes,
But Two Members Suisse
quently Declared the Rec
ord Erroneous.

Senate File 76, Senator HOmpe'S bill
providing for the erection of grain
warehouses on sidetracks of railroad
companies. also for the. condemnation
of lands for elevators and warehouses,
which was thought to have passed the
house the last night of the session, and
was sent to the governor for his ap-
proyal. has been consigned to the exec
utive waste paper basket. 1t appears
that the bill is unconstitutional not hav-
ing received the necessary number of
votes on its final passage.
The certificate accompanying the bill
shows that it received So yeas and 80
nays. or two votes less than the neceS-
sary number to pass it. The genera
impression was that the measure had
received IS votes on the final roll call,
but when the house journal was cor
rected Monday two members who were
recorded as having voted yea declared
they had voted TO the cOntrarJ, and the
journal was accordingly changed.
Gov. Merriam called for the opinion
of the attorney general on the matter,
who. in the following letter from Assist
ant Attorney General Child, advises the
governor not to sign the bill.
have the honor to advise you that have
considered : f. No. Is, submitted for my
opinion as TO its constitutiOnality. 1t appears
that the bill in question was put upon IFS
final passage III the house on the 18th inst,
and as a result Of a vote then and there taken
the speaker decided it duly passed On the
20th inst. the bill was transmitted to you III
the usual way. and bore upon its face all the
indications requisite to your action.
II appears also that before you had reached
its consideration, but subsequent to its en-
rollment and submission to you its passage
was openly questioned in the house At the
time of the reading OF the journal for the
day on which it was declared passed,it seems
that the original minutes OF the clerk indi-
Gated that the bill had received fifty weight
votes in the house on its final passage. which
was sufficient to pass it and entitle it to en-
rolment and your consideration.
But during the reading of the journal Of
the house on the 20th inst, several members
who were recorded as voting in favor of the
bill discaimed such action, and requested
that the journal be so far corrected as to re-
port them correct and in Difference to such
requst, as | am infOr med, the journal was
corrected. The result of such correction
was to reduce the number of votes recorded
below what was necessary Tor its conStitu-
tiOnal passage.
You inquire whether IN view of these facts
you would be warranted in placing your sig
nature to the bill. I beg to infor M you that
IN my opinion the bill is not cons titu tionally
passed and should not receive your pproval.
Your signature could not ov ercome its pat
ent and fatal defect, while it might lead to
expensive and unfortunate litig alton. mail
legislative bodies the journal is subject to
the control of only the bodies whose pro-
ceedings ii records. 1t new er was intended
that the minutes OF the Jerk, Oftentimes
made i'll the hurry and confusion of legisla-
ton, should stay the assembly from question
ing their Accuracy. (Cushing's Manual is
here quoted from a. authority on this point)
But our own court has settled the question so
far as we are concerned.
In the case Of the State ex rel. Minnesota
Railway Construction Company vs.. City of
Hastings, it is held that an enrolled bill
properly authenticated in compliance with
the constitutional provisions is TO be pre-
Sumed to have passed IN accordance with all
requirements. This presumption is how
ever. not exclusive but may be overthroWn
by reference to the legislative journals, and
it has elsewhere advanced the same opinion.
II will be seen that i'll the present state of
the law no salutary purpose could be accom-
plished by your approval of the measure.
Chief Clerk Smalley also sent the fol-
lowing statement to the governor:
l, P j. Smalley, chief clerk of the house of
representatives., do hereby certify that,
upon the corrected jou rnal of said
house proceedings of Saturday, April
Is, 1891. the question being on the third
reading and final passage of Senate
File No. 10, there were yeas 3D. nays 30, as
appears from the annexed roll call. as cor
rected by the house on the reading of the
journal April 20.
The governor accordingly declined to
sign the bill.