The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-12-05
Bill NOT
in EFFECT |
Position Of Senator Mc1lWaiiic
on the Pure Elections
Measure. .
The BASIS OF HIS OPINION
Some Solid Reasons Are Given
for the Belief That He
Entertains.

tersburs. takes issue with tho attorney
general n tho opinion recently given by
that otIcial that the EBarksdale law
1vent into force and effect July 1st He
J ID clearly OF tho opinion that the Law
did not become effective at that time.
and while admitting that the Legislature
3 had the power to state when the law
would l,nv.. become effective, he makes
the point that 1t did not go specify, and
hence did not 80 provide, THUS leaving the
bill to be governed by the general provi.
sions OF the Constitution and the Code.
In support OF his assertion concerning
tho pure elections law, the senate totes
section SO OF the Constitution, which
provides that mo law, except a general
approprlation law, shall take effect until
at least ninety days after the adjourn.
rnent OF the session OF tho General AS
asmbly at which It was enacted, unless
IN the care of an emergency (Which
emergency shall be expressed in tho body
\ OF the bill), tho General Assembly shall
otherwise direct by vote OF four-fifths
OF the mem bers voting In each house.
etc. e.
CONSTITUTIONS PROVISIONS.
That is a general provision applicable
4 to all Legislatures held under the new
Constitution. The schedule which pre-
scribes the enlarged and specific ? y, A1s
granted 70 the present General Assembly;
Il III then quoted. as follows: 500 r' g
1.-THE General Assembly which con-
vered on the first Wednesday In Decem-
cher, 1901. shall be called BY the Coy.
error to meet in session ut the Capitol
at IL o'clock NJ. on Tuesday. the 18th
day Of July, 1902 It shall be vested
with all the powers. charged with all the
duties, and subject to all the liHlta-
lions prescribed BY this Constitution In
( reference to the General Assembly. OK.
cept as TO the limitations upon the period
OF It's session, qualifications Of m:n1-
4 hers, and as to tho time at which any
OF It's acts shall take effect" etc.
Section OF the Code OF 1857, con.
/ corning the Commencement Of stat
,ites,,' pres cribes that: Every act OF As-
sembly shall commence md be In force
z upon and after the first day OF July
next succeeding the day 1t becomes Law.
unless another day for the commence
/ mant thereof be particularly mentioned
In the act itself, or be otherwise ex-
4 pressly provided; and the day on which
every act becomes law shall be noted
Il IN the publication next after the title
thereof"
DAY NOT MENTIONED.
Mr. McTlwaine lays especial stress upon
the condition noted In the statute quoted.
+ .'tinlefs another day for the commence
ment thereof be particularly mentioned
81 in the act ITSELF The act does: not pro-
. vide another day." and Mr.. McIlwaine
contends that, falling to do so. the Barks-
q dale pure elections law comes within the
application OF the section OF the Con.
stitution quoted above.
Section SO OF the Constitution pro-
vides that no law except a general ap.
precipitation law shall take eject until
at least ninety days after the adjourn
ment OF the General Assembly sat which
it was enacted, and> the only exception
stated Is In the case OF emergency bills,
he emergency to be expressed In the
body Of the bill, and the General AS
sembly directing otherwise by a vote
Of four-ffths OF the members voting in
each house. The Barksdale bill is neither
an emergency bill nor general appro-
prtation bill, and hence does not come
within the exception Just noted It.
therefore. inevitably, the senator con-
tends. COMES under the application OF the
general provision. and does not take
effect until at least ninety days after the
session at which It was enacted ad-
1ourns. That session has not set ad-
journed, and. according to the senator.
and willsnot be until ninsty days after
he adjournment OF the current session.
NINETY DAYS AFTER.
The time at whieh1any OF the acts -ot
the present General Assembly shall: axe
effect Is one OF the exceptions noted In
section 10 Of the schedule. But then the
section OF the Code referred to becomes
applca ble and that provides when an
act shall become effective. unless another
day for the commencement thereof be
particularly mentioned in the act Itself.
ors no otherwise expressly provided etc.
Such day is not particularly mentioned
ir* the act itself, and the time when 1t
& becomes effective; Is. therefore. "as other
wise provid>d" In section IS OF the Con-
stItution Unless the Tins is specifically
stated at which such acts shall takeSef-
feet they, must become Elective ninety
days after the adjournment OF tbs ses-
sion, ana not be fore. 45 & Z. SIR,
The senator's view Is at least worthy
OF careful consideration. and Is espe-
cially Interesting in Its application to-
the cases of persons indicted or arrested
on bench warrants charged with violation
OF the pure elections law, which the senn-
tor 50 strongly contends Is not yet In
effect.
INSURANCE COMMISSION.