The Saint Paul globe., 1901-04-10
DEM|NG BILL UP AGAIN
HOUSE VOTES TO RECONSIDER ITS
ACTION OF LAST SAT-
URDAY
SENT BACK TO GOVERNOR
Attorney General Rules That House
Exceeded Its Authority in
Recalling the
Measure.

Representative Berg precipitated a dis
cussion in the house yesterday by a mo-
tion to reconsider the vote by which the
Deming parole bill was Indefinitely post
poned On Saturday. Mr.. Berg voted to
kill the bill at that time despite his
original support of the measure.
When the bill was defeated Saturday
In order to prevent its, friends from again
bringing it up, Mr.. Laybourn offered a
motion to reconsider the vote and have
the motion tabled. Before the speaker
could put the motion Mr. Hillary, a
Staunch friend of the bill, assured his
opponents that no such motion as that
proposed by Mr.. Laybourn would be nee
,essary, as the parole bill advocates real
lied their defeat and would make no
further attempt to revive the matter.
Upon this assurance Mr. Laybourn
dropped lis motion.
Scarcely had the Berg motion been
made than Mr.. Laybourn was on his feet
to protest against the notion bas ng
his action on the tacit agreement which,
he maintained, had been entered into
saturday Mr.. Kelly, 10 whom tie
thought of the Deming bill is a n ght-
mare, quickly took sides with Mr.. Lay
bourn and said that the house had Cnce
exceeded its rights in reVoking this biz
after it had passed from it's posses ion
and should not revive the matter To
this Mr.. Hickey, of st. Paul, urged the
mouse that since its action in recalling
the bill from the governor had been de-
clded invalid, it ought to divest itself of
undue responsibility by sending the bill
back to the executives departme t.
Common courtesy, he said, demandsd d it.
The Berg motion was carried. and by
vote of 90 to IL the Younger bill was
returned to the governor.
Attorney General Douglas states un-
9qulvocally that the action of the house
IN recalling the bill Saturday was un-
constitutional. Having passed the sfn.
ate it had become as much a senate hill
os a house measure, and all authorities 8
agree that neither body without the G n
Gurrence OF the other, could recall the
Dill The attorney general finds two ST.
preme court decisions holding that after
OIL mas been jointly passed it cannot
Se rScdhed from the governor by the leg
4slatufe, even If both houses demand +
TO offset this ne finds also that three
Such authorities decide that legislature
mat Is, both houses, can take such ac
tloh He therefore concludes that if bo h
She house and senate had demanded + o
olll return to the house, where it olig
Aldtec, the action would have been valid
hlle attorney General Douglas s
Iree to admit that the action Of the house
saturday had absolutely no effect upon
the Dill he is not prepared to state n osi
tlvely that the bill is yet a law by virtue
OIL belng pocketed" having been in the
governors possession the required davs.
Upon the theory that the bill was #
definitely in the hands of the governor
until yesterday, it will not become a law
uhti Friday morning. 1t is generally
accepted that Gov. Van SAINT will allow
the Dill to become a law without his sig
nature. MS %
The bill is now in the form in which if
passed the house and senate, conseuuent-
ly the question of it's constitutionalitv
may still be raised upon the same theorv
oI the chief Justice being invested with
non-judicial powers.