Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-14
WHO is IT
MAKES
THELAWS?
Can a Committee Clerk Over
ride a Legislative Act and
LegiSIate for the People of
0regon2

I
opinion exalts the legislative clerk
into a full-fledged lawmaker.
The old theory was that the jour
nails Of the houses were the best and
only proof of what transpired in the
general assembly, but that is now
changed.
Unable to get a proposition through
the legislature just in the way they
wanted IT, resort was had to pro-
tectlng the graft by having the com
mittee on enrolled bills in the
Legislature change the law from the
way It was deliberately enacted by
the legislature.
That Is declared by the legal de-
partment of the state as good law.
This was done in the case OF tho
bill allowing nine Thousand dollars
additional for the deputies for the
office OF state and food dairy commits
sloner.
The proof that the law was prob
ably dOctored and tampered with
lies In the fact that this bill was
fixed in this way, and Is proven by
Attorney-Gcncrnl's Opinion.
Under date OF April 2, Attorney
General Crawford writes as follows:
I'm accordance with your inquiry
Of recent date, as to whether Senate
Bill No. 20, was passed by the legis-
lature In such manner as TO become
n law; and II 20, who makes the ap-
pointment of the deputy dairy and
rood Inspector Hereunder, / find
upon examination that the bill
passed the senate, In the regular
way. was transmitted TO the house,
where II was read the first and sec
ond times, and referred to the ways
and means committee; that Il was re-
ported back from said committee
FeDruary IL, with the recommenda-
uon that II do pass" on the goth
OF February, n motion was made TO
reconsider, which carried, after
which the bill was amended by strik-
ing out after the word Commission, !"
In line OF section Q; the words "the
dairy and food commlssloner. and
inserting In lieu thereof "the govern
or with the advice OF the dairy and
food commissioner" Said amend
ment was adopted I'm a COMMITTEES
OF the whole, after which the bill was
regularly read the third time and
lassed. The senate conourred In house
amendment February 20. 1909. The
olll was signed by the president and
speaker February 20, 1909, and fled
oy the governor with the secretary
OF state. February 25, 1909.
An examination OF the enrolled bill
however. fails 90 discover the amend.
nent added In the house, and leaves
the bill to read, line 6 OF section &.
the words: "The state dairy and
iood commissioner" The question
49, whether the bill, as signed by the
speaker OF the house and the presi.
dent of tho senate. and hled bv the
governor with the secretary of state
Is legal act, or whether the iour-
nails showing the bill 10 have been
passed with the amendment offered
IN the house. which amendment was
coneurred In by the senate. and nor
showing that said amendment WAS
rcconsider'd and dropped vitiates
the act.
l md In 80 Oregon. page SIS. the
cas-" OF Mekinnon vs.. Cotner. which
Us almost indentical case. In that
case the enrolled act Ia the custody
OF the secretary Of state appeared on
us face 20 have been regularly
passed by the legislature and ap-
proved by the governor. and a was
claimed TO he a nullity. because an
amendment 20 the original ACT pro-
vided that it should not so into eject
untll January I, 1894. which APP
peared 10 have heen adopted By the
legislature, Is not in such enrolled
act. The court held In that ca ~ that
the act was a valid act, for the rea-
son that the journals d'd not show
atilrmatiyely that the vote adopting
the amendment was not re-considered
and the amendment defeated The
court SAYS In that ease, page 5s2;
1t nowhere appears In the
journal that q did not pass IN
the form as actually signed by
the Office of the secretary OF
state. Il Is true, the journals
show that In lbs progress
through the legislature on
amendment was adontcd which
l. NOE included in the enrolled
act, but the vote by which such
amendment was adopted may
have been reconsiderea, and the
amendment defeated Al least,
tho courts are bound 90 presume
such % hahe been the case. The
enrolled act as filed with the sec
retary of state Is signed by the
officers of the house and senate
required by the constitution 90
sign an bills aud joint resolu-
tions passed by theiI respective
bodies. and Is therefore officially
4 atle'ted In the manner required
BY the organic Law as one that
has regularly aud aaly passed
tho leg stature. and this attest
4 "A.