The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-22
HOLINEUX MAY
GET PHOTOGRAPH
Wants Picture and Meas
urementS From Prison.
GOVERNOR DOES NOT VETO
Bill Passed by Legislature for Purpose
Becomes Law Through the Ten
Days Limit

ALBANY. May n-Roland B. Mo-
lineux, who has failed in every attempt.
to secure the removal Of his photo
graph, measurements. etc. from thS
bertillon bureau OF the State department.
Of PRISONS may still be able TO do so
despite Governor Odeus failure to sign
the bill introduced by Senator McEwan
OF this city TO compel Super ntendent
Collins to restore the sought for photo
graph to Molineux
Molineux's attorneys first sought to
compel the return OF the photographs
through nandamus proceedings. but the
courts held against him. and the con-
tention that the records Of the bureau
in the case are a part OF the States
record was upheld by the courts Of ap-
Deala.
History of Bill.
Then the bill was introduced at the
request Of ex-Assemblynen r. G. Scher-
er and passed. 1t reached the governor.
according 10 the records of the ssnats
and the executive chamber on Tuesday,
/ April .. Section 9 Of article ( provides
/ that If any bill shall not be returned
/ by the governor within ten days (Sun-
days excepted after II shall have been
presented to him, the same shan be a
]
| it, unless the Legislature shall. by their
adjournment. prevent its return. in
which case It shall not become 4 law
without the approval OF the governor
The legislative session OF 1894 came to
/ an end by final adjournment on Friday,
/ April IS. A Sunday interviewed, as L
/ must in all ten-day periods Counting
! both the 5th and the 18th Of April. there
were eleven days from the reception Of
| the McEwan bill. which provided for the
return to the party interested Of his pic
| ture and personal descriptive records
I wnCn once he had been acquitted
Did Not Act.
/ Taking out he intervening Sunday.
/ which is excepted by the constitution,
/ there still remain ten days on any one
OF which Governor OdeIl could have
| either signed. vetoed. or asked the re-
call Of the bill by the Legislature.
He did neither. and the bill. the re-
/ turn of which within ten days" (which
never have been interpreted 10 mean the
day after ten full days have EXPIRED
was not prevented by the final adjourn
ment Of the Legislature. was thrown IN
among the "thirty-day bills and. pre-
sumably, forgotten until the time came
for the omnibus veto OF bills the
/ governor UlQ IOL care 10 sigh
The question Of whether the bill did
not IFcome a law BY not being acted
/ upon oy the governor within ten days
! Is, therefore. open to speculation az
least: and with II the question Of its
validity being affected by the failure OF
/ the governor to recognize II as law
! and to send it TO the secretary OF state
4 for recording as such
Fine Points Involved
If II becomes a law by the failure Of
the governor 10 act upon it within the
period prescribed by the constitution,
his subsequent veto of II could not az
feet II. Within ten a5sys' has been held
to mean inside Of ten days such as
period Of nine days would be
Between the 5th and 18th of April
there were certainly more than n4ne
DAYS wherein the governor might have
acted on the bill. He took no acuon
on the measure, and the question mas
arisen. does it not become law by
virtue of the constitutional ten-day pro-
vision as a ten-day bill.