The representative., 1893-05-31
except by bill" article 4, section

CACOPO OJ Jill. \AlUIO Z, oCCoIOu
129
'The style of the laws of this state
shall be: BE it enacted by the legis-
lature of the state of Minnesota "
(Article 4, section 49,
The words bill" and claw as
used in the constitution are unqueS-
tiOnably synonymous. 1t is clear
then that the constitution prohibits
in express terms the disbursement of
moneys from the state treasury ex-
cept in the manner above indicated.
Is joint resolution a law within the
meaning of the constitution? A law,
it is seen, is required to have GER
tain style, or, as it is said in parlia-
mentary language, an enacting
clause. The omission of the style
thus prescribed by the constitution
is fatal to the validity of the meas
ure. The resolution in question is
wanting in this constitutional requi-
site; but even if this defect could be
overlooked, which is wholly out of
the question, joint resolution is
not, within the meaning of the con-
StitutiOn. law. To hold otherwise
would be to overthrow one of the
most valuable safeguards of the pub
lie treasury.
Let us consider this.
Mr.. Childs says ga bill and a law
are unquestionably synonymous. +"
He might just as we'll say that an
unborn child is the same as grand
father. 1t is true that if the child is
born and lives long enough, it may
become, if one of the right see, a
grandfather. So a bill may become
a law, if it passes in accordance with
all the forms and requirements of
the constitution. Until it has gone
through all the necessary steps it is
still bill; when it is enrolled, certi-
fed, and signed by the governor it is
no longer bill but law. Cushing's
Manual of Parliamentary Law, sec
tion 752, page 297 says:
In this country form Of legisla-
tive act is much in use. denOminated
a joint resolution, or more commonly
perhaps, a resolve; which in fact is
only another name for a bill or act.
A resolve is the form gen.
orally adopted in the country when
administrative, local or temporary
laws are to be passed."
This measure, to direct the COVER
nor to appoint a commission, to meet
in June next, was clearly an admins
trative law, for temporary purposes
only, and therefore the proper meas
ure was a joint resolution. 1t was a
bill-read three times in both houses
and passed and certified just like any
other bill, and it is a law just as
much as any other law; and nobody,
before this astonishing creature
came into the attorney generals Of
fee, even questioned it.
Again, Gushing says, section 2,4O3,
p. $50:
"a form of legislation, which is in
frequent use in this country, chiefly
for administrative purposes, of a To-
cal or temporary character, some
times for private purposes only, is
variously known in our legislative as
semblies as a joint resolution or a re-
solve. This form of legislation lis
recognized in most of our constitu-
tlons, in which, and in the rules and
orders of our legislative bodies, it is
put upon the same footing, and made
subject to the same regulations, with
bills properly so called. In congress,
a joint resolution, which is the name
given in that body to this kind of
legislation, is there regarded as a
bill."..
I need not add that Cushing is the
highest authority in the world on
parliamentary law.
And Sec. II of article ". of our
constitution, quoted by the attorney
general reads as follows:
Sec. IL. Noamoney shall be appro-
priated except by bill. Every order,
resolution, or vote requiring the con-
currence of the two houses, Except
such as relate to the business or ad-
journment of the same), shall be pre-.
sented to the governor for his sigma
ture, and before the same shall take
effect, shall be approved by him, on
being returned by him with his OBJ
jections, shall be passed by two
thirds of the members of the two
houses, according to the rules and
limitations prescribed in case of a
bill.'
Here Attorney General Childs
quotes the first eight words of the
section and ignores the remainder
although the whole section recOg.
nizes resolution as a method OF
legislation, and places it on terms OF
equality with a bill. The constitu.
tion does not say no money shall be
appropriated except by an act. 1t
uses the word ''bill." Nor does it
say, (Sec. 9 of Art. 81, that no money
shall be paid out of the treasury ex-
cept under law, but except in pur
suance of an appropriation by law
that is in accordance with law.
And the legislature of Minnesota
for voarc mast has rncOpniZed the