The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-12
ATTORNEY GENERALS VIEW.
Right of the Governor to Recall an
Unsigned Bill.

Lawyers and State officers regard the pre-
cedent set i'm this case as matter of more
Importance than the fate of the bill itself,
ana there was much inquiry yesterday for
the ful text of the Attorney Generals opin-
ion. The opinion was as follows:
Answering your inquiry of this date as
10 whether you are authorized TO comply
win the request OF the Governor TO return
10 him enrolled ROuse act No. SOS. notwith-
standing IL appears from the file marks
tnat said act was hled in the office of the
governor at S:49 p. IN. on Saturday, March
D. 1897, and i'm your office on Tuesday March
:. 1897, 1 beg TO say that l can see no OBJ
lection TO your complying with the request
Stltution, Section IA, Article V, provides
II any bill shall not be returned by the
Governor within three days, Sunday ex-
cepted, after Ii shall have been presented
to MIN, it snail be "A law without his sig
nature. unless the general adjournment
snail prevent its return, in which case il
snail be law. unless the Governor within
nVe days next after such adjournment. shall
file such BILL with his objections thereto
IN tne office OF the secretary Of state, VINO
snail lay the same before the General AS
sembiy at its next session in like manner
as II 1t had been returned by the Gov
ernor
ITO have complied with the provision
that the bill should become a law unless
the Governor had exercised his right of
veto power within three days. Sunday ex-
cepted. the bill should have been presented
TO the Governor earlier than the time in
dlcated by the file mark that it was so
presented. The Governor therefore had
under the Constitution, absolutely five days
from and after March the 9Th within which
10 veto the bill or 10 sign It. If he had (a)
exercised his right to veto and filed it with
you with his veto, or (b) had signed it and
nled II with you as a law. i am of the
opinion that the discretion vested in him
by the Constitution would have ceased and
he would have been powerless TO recall the
bill for any purpose.
Not having exercised his undoubted dis
N SiO OF m cir llx,
having deposited the bill unsigned and un-
vetoed with yourself. can see no impro-
priety in his asking for its recall for fur
ther consideration as To whether he should
either sign or veto IL, nor can L any inn
proprfety I'm your acceding to his request in
that respect Especially Is this true I'm view
of the fact that the enrolled bill or act
must by the Governor. if his request
is acceded TO and the bill returned TO him.
be again returned TO your office either (a)
unsigned but without a veto, OBJ signed, or
tc) vetoed.
Your office. being the office of public
records for the custody of such acts. the
request of the Governor should be kept on
file, and when the bill or act is returned
In whatever form 1t comes, the records in
that respect will be full and complete.
Courts will take judicial notice of every
thing that has tranSpired in your office. and
If il should be held that there was no
power in you to comply with the Governor :
request, no harm can result TO any person,
any interest or the State. because it will
fully appear of record in your office just
what has been done. and il might we'll be
that If you should fail 10 comply with such
request that the power TO approve or TO
veto, carefully conferred upon the Governor
by the Constitution, might not be fully and
considerably exercised by the Governor as
IL is clearly the intention of the ConStitu-
ton that ii should be,