The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-26
The Attorney Generals Opinion.

not void for want of the enacting clause,
but that 1t was public statute or Whlch
the court was bound to take judicial no
tce. .o.. ,ti.
In the ease Of Swan VS.. Buck. 40th Missl
page 263 the supreme court OF MlsaGslIpi
passed upon the point now undcr consul si
Grafton The contention there was that Tue
resolution the validity of which was as
sailed was void for want of the enact
Ing clause in the language prescribed ny
the constitution ! quote from the ue'
Il. The first question is whether or not
tho resolution Is void for want OF SUM-
other question, towit: Whether the leg :.
islature has the constitutional power 10
PASS a Joint resolution at all to have the
force and effect of a law 49, .h,rd mr..
by the fourth sectioh of the third ar.
ticle of the constitution the legislative
power Of the State Is vested IN TWO
branches. which constitute the ,eslsia. IT. re.
and il is ordained that the style oil Ter
laws shall he: BE 1t enacted by the leg
islature of the State of Mississippi As
the style Of this resolution IS kFsS43iiNti.'
nv the legislature Of the state OF Mlssls'
sippi' II a literal adherence TO the FORM
uia prescribed by the constitution is re,
CURED It would follow that the resolution
is wholly void.
After stating the proposition to he solved,
and after citing authorities the court eN-
presses its conclusions in the Following
'fhe resolution may or may not take
effect ms n law, depending upon the occa'
sion and object OF It's use. II may ne re-
sorted to as a vehicle To convey the opln-
ions or wishes Of the legislature on any
subject. without prescribing any rule OF
conduct to he observed. But whenever a
Joint resolution does undertake TO lay down
n rule Of conduct for any portion or the
people of the State, II becomes q law ana
will take effect MS such. NEUTRALITY-SUSPICIOUS.
tho use Of the word Resolved In its style,
instead Of the word Enacted. The re
duirement Of the constitution Is thereby
substantially compiled With, and the VIII
of the legislature sufficiently declared,
Though generally, hut not universally.
confined 10 administrative and local and
temporary matters. they form, neyerthe-
less. one Of the known and recognized
modes Of legislation
the supreme court Of vnrions States but
/ deem 1t unnecessary 10 cite ADDITIONAL
authorities upon this proposition
Legislation by resolution has OFTEN heen
resorted tn in this state.
The Fifteenth legislature provided ny
resolution, which was approved ny Gov
ernOr Roberts for the appointment or
committee to sit during the vacation OF
the legislature to investigate land fcrgercs.
The same legislature by by res Tesoiuhoa, az
tprest due on the bonded debt OF inc stre
OF Texas. and the monev was used for go
miro e. No one ever doubted the lega w
II this legislation though section q, aruyf
VII OF tho constitution. provides that ~
money shall he drawn from the treasury
Inn In pursuance Of specific appropriations
The present Legislature, at its regular
session. hv senate concurrent resolution No.
-. authorized the making OF contract
by the printing board for the exchange ot
books Of the value 81 many thousands OF
dollars and for the making or a contract
for publishing the court reports -,
II also by house concurrent resoiuuon NO.