The commonwealth. (Greenwood, Miss.) 1896-1923, 1898-02-18

THAT TILE LAST DAYS of the special session q te Lezisar
VETO me sin 70 into history and be remembered as rather
n warm times In tile Old capitol of Mississippi The bill
making appropriation for the maintenance & the Industrial Institute and
college Tor phs 1T Columbus was the boncof contention. It was te easls
Ibeli-he continuation now between the legislature and executive DEPART
ments Of the government The legislature passed the Pin With practical
manfmuy and sent IL o the governor who very promptly returned r. with
a partial veto, IFS veto With Che Bill appears elsewhere 10 todays Com
noawealth. We cannot agree with the position assumed by Governor Me-
LmIn, 1T certainly was not intended BY the trainers 81 the constitution
that any such power sload be vested n the governor A distinguished
lawyer sdd 70 the writer few days since:
81 cannot tblnkt possible that Section I3 2 the Constitution was eyer
intended nj rive tho executive the Affirmative power to legi@ate: and VET
undef dsclsslo NJ ns mIg Ie At1l9 o'ia !" III
lcge; the legislature never dd s1 is appropriation was 2 conditional one.
they cannnt be separated by The executive p any power save the legislature
itself I am inclined To the opinion that the veto is imperative"
For the good Of the college we hope the veto is "inopeatiye" fNoa
lqhgf II the law stands as II passed both houses of the legislature it Will
be well. But should the courts hold that veto destroys the whole bin the
school win have to close for two YEARS. And 1T Is not unlikely some laws
yers contend, that the court may take this view. But we do not think it
that Che bin was v9adge Of Section go Of the Constitution, which pohib
its legislation being eugaftcd upon appropriation bills ETC., does not rise
to the dignity Of an argument The legislation referred to in that Section
is general legislation and not legislation which pescrloes the conditions up
On which the money is to be drawn from the treasury, etc. Indeed it is
conteudcd BY eminent hwyersn the State that That Section is merely
directory. A gentlemen said to the writer a few days since;
II am Of opinion that Section 90 is only rule Of legislative procedure;
my mind whether the governor has any right-of course he mas the power
the courts would hold an act void because Of a violation by the legislature Of
its provisions IN te passage Of the measure ~ 9th9r WORDS, - t sLmEes me
provision making acts passed void, If the legislature did not comply with its
sututon that the courts will hold it void"
Certainly uo auditor and treasurer viii not act under the hwuntl the
court has settled The matter Ii strikes us as being rather a risky business
for them to do III But therels one part Of tile Governors message which
impressed us peculiarly His reference 70 the :goious womanLood Of the
State, tile "noblHg Of mother the agaIauty Of Southern men WHO
would not sit while woman was standing and a lot Of other Irrelevant
rot, that had about AIS much portnaucy to the matter under discussion as
an ode to Curtius or dissertation on the nebuor hypothesis. But it is
just like Gov Anse, and q very appropriate taporing of for this message.