Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-08
OREGON PORT
COMMISSION ACT
ocOntlnued from page three.

whether the emergency is a proper con-
cIusion to be drawn from such facts.
But no such strict rule hampers the
legislative branch of the state gov
ernment 1t has the exclusive power
to declare that it's enactments are
necessary for the immediate preserva-
tlon OF the public peace, health or
safety, and that hence an emergency
exists on account Of which the act
shall take effect when the legislative
process, as applied to the act in ques-
tiop, is fully completed. In the case
OF Dallas v. Hallock, A Or 25S, the
emergency clause under consideration
reads thus: "IDasmuch as it is nee
essary for the immediate preservation
OF the public health and public safety
OF the inhabitants of the said city Of
Dallas that the provisions Of this act
should become effective at the earliest
possible time, an emergency Is hereby
declared to exist, and this act shall
be in force and effect from and after
its approval by the governor" This
court there, following it's earlier de-
cislon in Kadderly v. Portland, AZ Or
11S, sustained the emergency clause
in question.
Following those precedents we de-
termine that the emergency clause
here is sufficient to put the act pro-
viding for the Incorporation of ports
into effect according to the terms OF
section 10 Of the act.
But It is said that this act was to
take effect from and after It's approval
by the governor and that no affirma-
tive approval having been signified by
the governor the act never could take
effect, at least not until 80 days after
the end of the session at which 1t
was enacted Section is article OF
the constitution provides that every
bill which shall have passed the leg
islative assembly shall, before 1t be-
comes law, be presented to the gov
ernor; II he approve, he shall sign
It; but II not, he shall return 1t with
his objections to that house In which
It shall have originated" II, after re-
consideration, two-thirds of the mem
bers Of both houses shall agree to
pass the bill 1t shall become a law.
The section further provides: "If
any bill shall not be returned by the
governor within five days Sundays
excepted) after It shall have been pre-
sented to him, 1t shall be law with
out his signature, unless the general
adjournment shall prevent its return,
In which case II shall be a law, un-
less the governor within five days
next after the adjournment Sundays
excepted shall file such bill, with
his objections thereto, In the office of
the secretary OF state, who shall lay
the same before the legislative as
sembly at its next session In like
manner as II It had been returned by
the governor" In Biggs v. Mcbride,
IL Or $40, the act there In question
had an emergency clause requiring
the act to take effect from and after
its approval by the governor. The
governor vetoed the bill and the legis-
iature passed 1t over his objection. In
that case this court, in substance, held
that the act took effect when the law
making power had done every act or
thing necessary under the constitu-
tion TO its complete enactment as a
law.
The same principle applies here.
Considering the governor as part of
the Legislative power by virtue of his
prerogative to approve or object to
any act Of the legislative assembly
yet the constitution gives effect to
his inaction as well as to his afflrma-
tive action In such cases, AS already
stated, the twenty-flftb regular ses-
sion OF the legislative assembly ended
February 20, 1909. Taking judicial
notice, as we must under section 729.
j.. o. L., of the public and private Of
ficial acts Of the legislative and ex-
ecutive departments, we know that
the act in question, having passed
the Legislative assembly. was pre-
sented TO the governor; that he did not
return II within five days to the house
In which II originated, but on the con-
trary delivered II to the secretary of
state February 70, 1902 The governor
was not prevented from returning the
bill by the general adjournment OF
the legislature, for that did not hap
pen until eight days thereafter I'm
der such circumstances the constltu-
ton expressly says the bill shall be
a law without his signature. We con-
clude that in respect to the act in
question the legal process OF making
1t a law was complete when the gov
ernor did not return the bill to the
house whence 1t originated within
five days from the date Il was present.
ed to him and that all it's provisions,
including the emergency clause, be-
came effective at once ON the compile
uon OF that process,