Montgomery County sentinel., 1891-02-13
The Australian Ballot Law.
Criticism Of Judge RoJinsom's Opinion

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Judge Robinson's opinion, dissenting from
the decision of the majority of the Court
of Appeals, is based on the following para
graph Of Article Q Of the Constitution:
"lf any bill (which the Governor is not
willing to sign) shall not be returned to
the Legislature by the Governor within six
days, Sundays excepted, after it shall have
been presented to him, the same shall be
law in like manner as If he signed it, unless
the General Assembly, by adjournment,
prevent its return, in which case it shall
not be law"
This, says Judge Robinson, req uires that
all bills shall be presented to the Governor
and signed by him before the Legislature ad
journs, and no bill presented or signed after
adjournment can become law.
This meaning is plainly first read into the
Language Of the Constitution, and then got
ut OF IL.
What is the evident object of the section
1t 8 to give the Governor and Legislature
pro lection, each against sharp practice on
the part of the other. Without the first
part the Executive, by retaining bills till
the adjournment OF the Legislature, could
prevent their being passed over his veto,
and thus defeat any measure he disapproved
of, though both houses of the Legislature
were unanimous for it. So his retention of
vetoed bills is limited to six days, that the
Legislature may have opportunity of fur
ther action.
But if, without the first requirement, the
Governor could estop all legislation which
dspcased him, so, without the second the
General Assembly could nullify, to seri
GUS degree, the Executives power of veto
Having passed bill, in order TO ensure its
becoming law, they would only have to
ali ip,ss ndi tal, ,to
to them vctoed-(aiter which three ffths
vote would be required to make it a law.)-
Thus bare majority would be able to en-
act most obnoxious measures in spite of the
Governor, and the balance he is expected
and intended TO make against the folly or
partisanship or venality of the Legislature
would be vitality abridged. Consequently,
the provision that bill shall become law
by Limitation unless returned to the Legis
lature in six days, is checked and preserved
from abuse by the proviso that if the Legis
iaturc by its own action, shall prevent the
return OF bills within six days, this shall
not work to the detriment Of the Govern
or's right of veto-such bills "shall not be
law" Clearly this is all that is in the Ian
gnage oil the section, and is coextensive with
its intention. The object is simply conserv-
ative Of the co ordination of the Executive
and Legislative departments of the State
government 1t had no aim beyond this.
That this section does not pleclude the
approval of bills after the adjournment of
the Legislature is clear, from the fact that
its subject is getoed bills-bills to be ire
turned" to the houses and be-
cause its purpose is to restrict the Governor
from unduly nullifying the Assembly's ac-
tion; not to restrain the completion Of ac
tion in which both he and the Assembly
concur, and which is, therefore, presumably
safe and good for the public veal, and hence
not needing close restrictions. He has pre-
viousy been given six days in which to con-
slider and act on bills, and this privilege,
matter of justice to him and necessary for
the public good, is not intended to be liable
TO curtaiment by the other department
The very day before adjournment the Leg
islature might pass an act of SO momentous
and complex nature that the Governor
could not possibly deal with it properly
on twenty-four hours notice. What would
he have TO do in that case? Either sign
without mature judgment or let the action
fail. 1t cannot be believed that it was in
tended to subject him to such dilemma.
Indeed, il the Governor cannot sign after
adjournment it would be waste of time for
the Legislature to pass on a difficult matter
in its last hours, for the bill would simply
have to fail in the Executives hands be.
cause he would not have time to act on it
intelligently and conscientiously Not a
few other considerations to the same effect
might be adduced, but my communication
is already over long On what has been
said, think we may safely rest the conclu-
sion that while the Governors veto power
is restricted to six days, he has an inalien-
able right to that period for taking action
on all matters referred TO him by the Legis
lature, is not to be restrained, for no fault of
his own, from approving good legisla-
tion and his signature to bill lin concur
renee with, not opposition to the action of
the Houses of Assembly, within that time
makes the bill valid law.
1t would be easy to show that the practice
of Congress in connection with a similar
paragraph in the General Constitution, to
which Judge II, refers, is not to be taken as
interpretative but simply coincident but
we must pass this by.
The de cision of the Court of Appeals de.
termines, indeed, the validity of the ballot
law but it is comfortable for the public to
feel that their laws are soundly based and
not on error; hence the above.
Brookeville, Feb. 8, 1891. l..