Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-12
LEGALITY IN DOUBT
Resolution of Congress Lacks
Presidents Signature.
lis THIS GENUINE HOLIDAY?
Views on the Subject, Even of Law
yers, Take Wide Range.
MAJORITY OF BANKS CLOSED
Chief Executive Sends Telegram Elk
pressing Approval Of Legislation.
Wording of the Constitution.

PASooAA6 &APpASSoA Va ~SS A0AssSAS>A'
Wording of the Constitution.
Rudolph Forster, assistant secretary to
the President. early today received dis
patch from President Roosevelt APPROX
ing the resolution passed by Congress
yesterday making today legal holiday
In the District of Columbia and the terri
tories of the United States. The dispatch
was in reply to d message containing the
resolution agreed to be the two houses.
1t was sent from Dennison, Ohio. and
simply contained the statement that the
President approved the resolution.
The President had signed the procla-
nation before his departure from Wash
ington and prior to the passage of the
resolution, but his approval subsequent
to the action of Congress was telegraphed
to avoid techncalities
Examine the Constitution.
When Congress late yesterday afternoon
rushed through the joint resolution 10
make today, the one hundredth anniver-
sary of the birth of Abraham Lincoln, a
legal holiday in the District of Columbia
and the territories Of the United States,
very few of the members knew of the
| legal question that would result from
| their action. Most of them didn't know
| that President Roosevelt had left the city
earlier in the day. if they did. they
| gave no thought to the bearing his de-
parture would have on their action
AS soon as the question was called to
| their attention by newspaper men who
wanted to know whether today was a ho-
| iday or not. they got busy with the Con-
stitution and legal constructions. and
| many of them, while refusing to be quot
ed, came to the conclusion that it was
too late to make today legal holiday.
| The entire question hinged upon the
query: Can the President approve joint
resolution of the two houses of Congress
without actually signing it?
Bills and Resolutions.
| The Constitution has the following to
say about the question of approving the
acts of Congress:
| Every bill which shall have passed the
House of Representatives and the Sem
ate shall. before it becomes law, be pre-
scented to the President of the United
| States: If he approve it he shall sign It.
but if not he shall return. with his OBJ.
| jections, to that house in which 1t shall
| have originated, who shall enter the OBJ
jections at large On their journal. and
| proceed to reconsider it." paragraph z
section 7, article H.
| Every order resolution or vote tt
which the concurrence of the Senate anc
the House of Representatives may be
necessary Except on d question of ad
journmenD shall be presented to thu
President of the United States. and be-
fore the same shall take effect shall b<
1t
by him, shall be repassed by two-third:
of the Senate and House Of Representa-
tives, according to the rules and limita
tons prescribed in the case of a bill''-
paragraph 3, section Z. article l.
/ Many See q Distinction.
1t was held by some that the Consti
tuition thus made a marked distinction
between bills and resolutions when il
specifically mentioned the signing in the
case of the former and merely said zap
proved in the case of the latter. Others
and the greater number, held that ZAP
proved meant signed in both cases
| that such q construction was self-evi
dent 1t wo><ld never do to permit OF
approving in any other way. they said
because that would make Subterfuge pos.
sble Somebody else might send the tele
gram of approval without the President:
knowledge and might work serious harm
4 FCT lSll OI Tie question severe
| representatives turned to the Digest and
Manual of the Rules and Practice OF
the House of Representatives" compiled
by Henry w Smith in 1877, when he was
journal clerk of the House. In this digest
the statement is made:
by the Constitution of the United
States and the rules of the two houses
| no absolute distinction is made between
bills and joint resolutions, either in regard
to the mode of proceeding with them be
\ thew heroine laws their r,r
effect afterWard.'
Appropriation by Resolution.
Mr.. Smith goes on to say that until the
second session of the REIMBURSEMENT
Congress there was never an nstanc,
Of money being appropriated by join
resolution, which would seem to indi
cate that 1t was not regarded as quit,
as high a form as the bill Sine.
then money has frequently been appro
lprlated IN joint resolution, however, an(
In the instance of the Lincoln day reso
luton the Senate amended 1t by add
ing an appropriation of $4,000 for
preliminary survey of proposed Lincoln
memorial highway from this city to tn,
battlefield of Gettysburg, Pa. That wa:
What held it up SO long.
The view is taken. though not by the
strict constructiOnists. at the Capitol
that since the appropriation was finall,
SlT!chtil OUT. the JOINT resolution was ..
reality not as important legislative form
as the bill, and not important enough tC
require the Presidents signature to be-
come a law. If it had appropr ated mon "
even. these persons admit il would have
had to be sgned.
Takes Another View.
Still another view of the matter-ane
the one under which it is generally be.
leved the President is actng-is that as
the President has ten days in which tt
sign any bill or resolution of Congress, he
can delay signing it as long as he pleases
within that period. but knowing that he
intends to sign, may declare it law b,
, proclamation prior to that date The Other
. side of this argument is that the President
, might change his mind, which, of course
would be a great improbability. but VIII ct
nevertheless leaves a technical doubt d:
) to the legality Of the present action.
Tho Senate passed the resolutrun tha
has caused all the trouble about the mid
lie of last month. After a long debat.
. II added the appropriation, which wa!
. | tathered by Senator Knox of Pennsyl
!ania. The House passed the resolution
, without any appropriation When tn,
, House resolution came to the Senate tina
. body substituted. its own for il and sen
. it back. But the House wouldn't stant
COR the $4,000. and it became plain yes
; erday that today would not be d holida
; -inless heroic measures We're adopted.
Senator Gore Makes Move.
So up jumped Senator Gore and movet