Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-04-10

stituti",,, winch i devoted t. the lpgi>l =
tive department of The Go, eminent,
Both srrtinns under rOnsi. Grafton IN this
lr."e,Hiing are incorporated in he same
Article, and while This differ, nee may
not lie v'ay material, it SLOWS. at least,
that h" farmers Of our Constitution, had
hut one suffice, under ,,,u>ilerat,"n and
fully :r"ated The matter in the ore sub
jet as closely ed and related lie
FIRE hey p'>>ei 4" So,ne other subject
II will IL" furthrr obs rved thar m the re-
ported .s,S.. >>te:tio, IA If the Indiana Con-
siit,itn,i, lot set on; ia, it, t.lirety
That pr'vi>i,n Which rel u.-~ 10 the lil,ng
at ~ bill with ;ae GO,e n.,r'~ ~ ,.tious
thereto with the S...rt"ar, of ate, and
its subs, Qu-ut >ubni>>I.n by that officer
I" tie next Lrg sl.,, r., is on tt".'. The
omitted provision reads a. fellows: "If
any iii Shall MT I've r.turnn.l " the
Governor within fire, days. SUNDAY ex-
rept. d) after il shall have Ell presented
to him, it hall he II law wuhnu, his sig
nature unless the general Adjournment
shall prevent its return in which case it
shall lm Il law, unless the Governor " i,h-
in five days neXt after snci, aljnurn,- ent
shall file such Till, With his Office ions
thereto. in he office { Secretary of s ate,
" no shall lay the same before. the Gen
eral ASS. mtly 1T it's next s, s>i"n in like
manner as ii it had been returned iy the
t" the Gov eruor within two days next
previous to the final ADJOURNMENT of
the General Assem- w.
II he bills con i,lere,! bv the court in
the Indiana eases hal been passed over
the Governors "bje''ti"ns 10y the General
Assembly HI its next session, as WAS the
case here, we cannot say under the pro-
visions above quoted what would have
heen their fate. There is also Il very
mark ell and sharp distinction TO be made
from he use OF the language in our Com
$ tuition. In the Indiaua cases cit ell the
court piac great stress upon The Ian
guage used IN the prov i>ion> Of the Con-
tituti"n applying to the f,cts before 1t.
Which involved the cunsiitutionaliiy OF
Acts passed over the Governors veto at
the same session Of The Gener Il
mated. The Constitution provides in
terms that if after such reconsideration a
majority of ali the members elected 10
each House shall agree to pass or APP
prove, the case may be, 1T stall be a
t law" The corre>p"nding provision OF
our Constitution provides that in the
case covered 10y the Indiana Constitution
! that of .r 9 Har.
both Houses by yeas and nays ly "a vote
of two-,hrds of the members elected to
each House, at shall become law" and
| The last clause of section 35, covering q
biil laid before the next session of the
Legislature by reason of the Governors
objections, the same language is used
There IS marked difference Of meaning
as We view it, in the language used In Tie
two constitutions. Section IS of our Con
stitution emphasizes this ditferene o
meaning. The frs clause of that section
requiring that every bill passed by tn
Legislature to be presented to ant
signed hy the Governor "i eiore it be
comes law" presupposes by the force Q
the term the subsequent act Of presenta
lion and signing. Further along in tn
section it provides for action by the Leg
islature upon the objections of the Cover
r nor, and iii the event of certain actio
J ut shall become a law" again, as we h'
: iieve, presupposing the subsequent act {
e attestatlon by the proper officers. Again
: in the last clause of the section GOVERN
The submission of a vetoed bill to th
e next session of the Legislature in tn
= event of certain legislative action, "
t shall become a law" presupposing til
= subsequent mandatory attestation by til
: officers.
s. It seems to US that the trainers of tx
l. Constitution used these words with II
e intention that they should be given Il
s construction we place upon them, and ;
O we have before stated, emphasized IN
n meaning by declaring in the same Sc
Y ton that bill which remains in Il
10 Governors hands beyond a certain lin
Is of time without his approval or disa
le prevail. shall be law"
Further. this section provides i'll ca
" final adjournment of the Legislature b
Of been had, and the Governor does II
g, within the time limited by the sectio
g, file the bill with his objections thereto
n the Office of the Secretary OF State, tn
Continued on third page.)