New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
RATIFICATION AND EVIDENCE
Governor Wilson Explains Kentucky
Action on Income Tax Amendment.

! To the Editor of Tho Tribune
Sir: find copied In Western paper
statement credited to The Tribune that MT
Donaghey, of Arkansas. and Mr.. Wilson
Of Kentucky, have been the only state
Executives TO attempt to nullify iesis
lative action already complete witho"'
either the assent or dissent of the EXecu'
/ tive. This Is an article on the income taA
! amendment.
I do not know anything about Governor
| Dona ghey's action. but | do know that
| have not attempted to nullfy any legisia'
| tive action on the income tax amendment
II is true that returned without approVa
the first resolution which our Legislature
adopted. attempting TO ratify this amend
ment, but II was not for the purpose oil
| multiplying the amendment at all. the Joi'i'
resolution passed both houses and came 10
| my able, and when I read II found tha'
II had not ratified the amendment at all
| though II had tried 10 do so. but had iet'
out Of tho proposed Sixteenth Amendment
| the words ION incomes and the tnins
which they had ratified made no sense
| was a nullity itself.
called their attention 10 II, and re-
turned the resolution without approval
stating that Il was on that ground. TINS
was in ample time for them to take the
matter NJ again and regularly ratify It.
With this Joint resolution on the Gov
ernor's table and out Of the possession OF
| both houses, they passed a resolution TO cor
rect tho enrolment. and then instead OF
! correcting the enrolment sent over a ne"
resolution. which never was adopted. but
which was certified by the presiding OF
ncers Of both houses TO have been adopted
and which supplied the missing words and
was n complete Joint resolution declaring
the ratification, and that never has been
dsapproved. think however. that 1t Is
invalid.
After that second resolution came 10 me
7 submitted the matter officially to the
General Assembly in ample time for them
to take Il up regularly, with the official
letter Of the Secretary OF State transmit
ting the certified copy OF the amendment
which they had never had before, and then
the House passed a Joint resolution rau-
| fying the amendment on that communica-
ton. The Senate refused to take 1t up. and
that is the legislative status OF the ques-
| ton with us.
The Journal Of the two houses has not
| yet been printed or. at any rate, has not
| come to my hands, and do rot know how
| the clerks make this read but the legis-
| 10 tive facts were carefully examined. thor
| oughly studied and presented 10 me by the
Attorney General OF the state just as
| have stated them TO you.
The ratification is by the legislature and
NOT by the Governor. and tho Governor
would not think OF trying 10 nulify it. but
! the fact Of ratification has TO be made evil
dent TO the Secretary Of state in some
way before the new section becomes part
os the constitution. and that has 10 appear
to him by Official evidence. and under the
con .titution Of Kentucky the official evil
dence OF the adoption Of Joint resolution
| IL the certificate Of the officers and the
| approval Of the Governor Of the common
wealth. so that while the ratification does
not need the Governor the evidence does.
7 do not know why YOU should wish TO
| publish a criticism Of this kind that Is not
true | am sure YOU did not wish to do Il.
AUGUSTUS r. WILSON,
Governor Of Kentucky.
Frankfort. June 70. 1911.