The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-17

WILL MAKE TEST.
Attorney General Commences
Action in Supreme Court.
Ascertain Whether Five Bills
Passed Are Dead.
TIME Limit EXPIRED.
Governor Did Not Have Time to
Examine Them.
Had But Two Instead of Three
TIME Limit EXPIRED.
Had But Two Instead of Three
Days as Provided.

John S. Dawson. attorney general,
| began a friendly suit in the Kansas
supreme court today to test the legal.
| ity of the five bills which were allowed
! to die when the legislature adjourned
before the three day limit allowed the
| governor to consider bills had expired.
| The suit is an application for a writ of
| mandamus to compel Charles H. Ses-
sions, secretary of state, to publish the
| five bills in the official state paper 1r
| the statute book as the bills specify.
| If the publication should be ordered by
the supreme court the bills would be-
come laws.
| in the petition of the attorney general,
are:
Senate Bill No. 6S5 entitled, IAN act
relating to the state board of medical
registration and examination
Another of said bills is house bill NJ.
500 entitled, AN act relating to rail-
| road crossings and to amend section
7011 of the general statutes of Kansas
of 1907
Another of said bills is senate bill No.
440 entitled, AN act prescribing the
duties of the lieutenant governor, and
fixing his salary
Another of said bills is senate bill No
536 entitled, AN act relating to taxes
for special improvements in unincor-
porated cities"
Another of said bills is senate bill No.
entitled IAN act relating to the pub
LEGATION of tax sale notices and amend
ing section 9443 of the general statutes
of 1909"
All of these bills were passed by the
legislature before March 10. One or
two were passed by both branches
March s. For some reason they were
not enrolled and engrossed and pre-
scented to the governor until March Is.
That is the date the bills were re-
ceived in the governors office. The
legislature adjourned March ID, CIV
ing the governor only two days to con-
slider the measures. The law provides
that the governor should have three
days to consider all bills. If he does
not sign or veto the bills within that
time they become laws, provided the
legislature is still in session. The leg
islature adjourned one day before the
time limit had expired so these bills
died This was one method of vetoing
the bills.
The law also requires that within
two days after q bi1ls passes both
branches of the legislature that it
must be enrolled and engrossed and
presented to the governor. That was
not done in this case. All of the five
bills were on the way between the
legislature and the state printing plant
and then to the governor more than
the two days. The bill relating TO
raSsed by both branches March 8, but
was not presented to the governor I'M
til March 10. Just where the fault
lies in this case is not known. Inat
will be brought out in the trial OF
the suit the attorney general has al
ready brought.
Considers Bills Dead.
The secretary of state considers the
bills, dead. The attorney general is
not so sure about this on account OF
the plain violation of the law in pre-
scnting the bills to the governor. me
attorney general thinks that possibly
the bills really. are laws and ne mas
brought the mandamuS acllon TO hhu
out.
but not made a part OF the suit Is the
veto of the governor OF the Dill IN
creasing the pay of the aItorney gen
eraI ana his assistants. This bill may
be made the subject of further SUIT
nv the attorney general to test the
legality of that veto. The Dill pro-
vided that the attorney general shoulo
receive $4,000 year and the ASSIST
ants 2.4OO a year and that all fees
collected in the enforcing of any
laws should be turned into the state
treasury, instead of going into the
pockets of the attorney general ana
his assistants.
This bill was passed by the house
February G. 1t was amended and
nassed by the senate March 6. A con-
ference committee was appointed ana
the conference report was adopted IN
the house March and in the senate
tbe fol1ovvir1g day. The bill was We
toed by the governor March 10. six
DAYS later, although the governor an,
nounced on March IL that he would
veto the bill. The governor gave out
his veto message the evening OF -Marcn
~ Saturdav and it was published in
the Sunday morning papers.
But there was a wide variance in
the veto message as published in the
newspapers and the one that went to
the house of representative the fol-
lowing Monday morning ihere are
No nreced ents on which to make
fight in the courts on the question of