The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-04-11

the original passage OF bills before pres
entation 10 the Governor, then such GER
thcates would be the PROPER and con-
elusive evidece OF the passage, but as
we have stated, vetoed bills are not re-
Quired TO be so certified, and there is no
record or evidence Of such passage re-
quired to be kept except the journals Of
the two houses"
In ex parte Wren 63 Miss, 512. Mr..
Justice Campbell speaking for the sup
RENE court of Mississippi said in relat-
ion to 'he legislative journals:
They must furnish the evidence that
a bin returned by the Governor without
his signature and with his objections was
SO dealt with as to become a law, for n
is only by approval Of two-thirds Of both
houses, determined by yeas and nays, en-
tered on the journal of each house that
such bill can become "A law and as the
Constitution so provides, and has not
prescribed any means Of attesting or
authenucatng the concurrence of those
requisites TO such a bill becoming a law,
IL rests necessarily on tho journal which
must show that although the bill was not
signed by the Governor. but returned
with objections, 1t nevertheless became a
law according TO the constitution. The
case is peculiar and extraordinary, and
not governed by the rules applicable TO
the ordinary cases where the Governor
signs the bills. The provision for the sign
ing Of bills by the presiding officers does
not apply here. and whether the bin on
reconsideration became a law may de-
pend on those things prescribed and
which cannot be show except by the jour
mails Of both houses. Had the Constitution
provided any means OF authorization Of
such action by the two houses as TO
make bin returned by the Governor
with his objections, a law it would have
been exclusive, but in the absence OF such
provision the journals are the memorial
of the action which converts a bill re-
turned by the Governor with his objeo-
tions into a law"
THE JOURNAL RECORD.
The reasoning Of these cases consider
sound and conclusive, and warrants the
Court IN looking 10 the journals OF the
Council and House TO ascertain whether
the constitutional steps were there taken
to legally constitute Council BIN No 2 a
law.
The journals OF the Council. the house
in which the bil loriginated. and to which
1t was returned to the governor discloses
that following action was had on the 5Oth
day Of the assembly.
'rhat the question Is, Shall ths blll
pass Notwithstanding the governors OBJ.
ieotions. Ron call. Ayes 0. Nays S. alb.
sent 4, present not voting /, Those voting
In The affirmative were Clark, Garrison,
Havens, Magnxess. Thaeker. Mr.. Presi-
dent Those voting IN The negative were
Bellamy, Biddson. Candy. Huston. Hut
10. Absent WinlSler Present and not
voting Brett The bin was declared lost.
Councillor Biddison moved the reconsider
alton OF the vote by which c. b. No.
failed Of passage Notwithstanding the goy-
ernor's oblepsians, llall cali ayes o.
Nays 4, those voting in the affirmative
were BiddiGon, Brett, Clarke Garrison.
Havens, Magness, Thacker. Winkler, MIR.
President Those voting 1 nthe negative
were Bellamy. Candy. Huston, Hutto.
Two'thirds Of the councillors having voted
In the affirmative, G. Il. No. ? was de-
elared passed Notwithstanding the gov
ernor's objhectlons. MessaFed 20 house.
Received by council ami Is-.vered 10
secretary Of territory"
The Council consists Of thirteen mem-
bers. me Journals show that twelve mem
bei's We're present when the first vote was
taken, and that only six voted TO pass the
bni over the governors objections, and
the bin was declared lost. morien was
then made 20 reconsider this vote. aud all
the members being present nine voted IN
the Affirmative and the bill was declared