New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-27
CONCURRENT RESOLUTIONS.
WHEN THEY REQUIRE SUBMISSION TO
THE PRESIDENT.
1T DEPENDS ON THE MATTER. NOT THE FORM
OF THE REsoLuTroN-A REPORT BY THE

IT DEPENDS ON THE MATTER. NOT THE FORM.
OF THE REsoLuTIoN-A REPORT BY THE
SENATE JUDICIARY COMMITTEE.
Washington. Jan. 2s.-Under the direction Of
resolution adopted In February last. the Senate
Committee on the Judiciary to-day reported on
tho question Of whether or not concurrent resolu-
lions require the signature OF the President. The
report. which drawn up by Senator Hill. says
tina: l; depends the mere form OF the reso-
tons but upon whether they contain matter
which Is properly to be regarded as legislative
In Its character and effect. II they do they must
be presented to the President for his approval;
otherwise. they need not be. In brief. the nature
or substance OF the resolution. and not Its FORM
controls the question OF its disposition
After quoting the section OF the Constitution
bearing the subject, the report says 1t will be
observed that the terms Of this section are very
broad and sweeping and their face-especiay
under narrow or technical construction-are sufii-
cient to justify the contention that every resolu-
ton. whether joint or concurrent. whatever may
be its mere form (uness II relates TO a question OF
adJournmen;) must be presented TO the President
for his approval. in case 1t Is one TO which the
concurrence Of the two Houses is necessary. The
precise question presented involves the construc-
ton Of the phrase. ito which the concurrence OF
the Senate and House of Representatives may be
necessary" and these words relate moro to the
form OF the "order. resolution or vote, as
otherwise every action OF Congress. other than
those pertaining to adjournment. would have TO
be presented the President, Congress con-
sists OF two Houses and cannot act or speak az
such without the joint concurrent action or
otherwise expressed consent Of both bodies. n
more acceptable construction would be that no
"order, resolution or vote need be presented TO
the President unless Its object-matter Is legisa-
ton. TO which the Constitution expressly requires
In the first instance the assent OF both Houses
u,hc IL
necessary. In other words. the phrase Ito which
the concurrence may be necessary" should be held
to refer TO tho concurrence" made necessary
by the other provisions Of tho Constitution. and
not 10 the mere form Of the procedure; so that no
mere resolution-joint, concurrent or otherwise
need be presented to the President for his ap-
proval unless 1t relate to matter OF legislation 10
both Houses OF Congress and the approval OF the
President-in other words unless such Congres-
ers'' vested in Congress under the provisions OF
Section |. Article /.
history Is given Of Joint ana concurrent srn re tSe
Ist to the present; With respect to concurrent
hundred years they have been uniformly regarded
by all departments OF the Government as matters
peculiarly within the province Of Congress alone
They have never embraced legislative provisions
proper and have not been deemed to require Elk
ecuye approval This construction OF the ,s con- ho
deemed to be the true construction. with which no
court will interfere. 49,,
In conclusion it Is held that the clause in the
Constitution which declares that any order, resou-
ton vote must be presented to the PRESIDENT. 70
(which the concurrence Of the Senate and House
stoned by the requirement Of the other provisions
of the Constitution, whereby every exercise OF
Legislative powers" involves the concurrence OF
the two Houses and every resolution not so re-
curing such concurrent action need not be pre-
of the resolution. and not its form. controls the
question of its disposition.