Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-01

five days, the Legislature thereby
prevented a return and the bill died
automatically at the end of the five
days.
Under the decision the thirty odd
vetoes delivered by the Governor to
the Legislature April 10, were 81
much waste paper. the Ellis having
died April 4. beyond the power to
veto or revive.
Further, the effect of the decision
is not only to kill the grade crossing
bill, nut some twenty other bills sim
ilarly situated, many of them impor-
tant. passed after April 10. yer the
Governors Notwithstanding action is
taken to have them declared void.
THE decision is remarkable in two
aspects, it's departure from the de-
cisions of other States and its oppres-
sive character in its operation upon
future legislatures.
THE precise question at issue in
New Jersey has been passed upon in
six other States, New Hampshire.
California, New York, South Caro-
lina, Nebraska and Connecticut
and while all except Connecticut
(Which inclines to the legislative day
theory agree with New Jersey that
the Governor must act within five
calendar days, the agreement stops
there. All the other States resting
upon the reason and purpose Of the
statute, hold that thet adjournment
referred to in the Constitutions as
preventing a return, is final adjourn
mont. and that a temporary reccss
is not intended. The opinions in the
New Hampshire and California cases
are models of forensic reasoning.
compellii e TO the conclusion reachs1.
Effect Of Recess.
IN he construction Given as to a
temporary recess is hat while the
| Governor must act within five days
if the Legislature is then in recess.
the Governor completes his duty by
| delivering the veto to an officer or
member OF the Legislature or other
responsible official, as the secretary
| OF state, to be delivered to the EegS
islature on its reconvenine, the veto
| then TO be acted m in regular course.
1t is to be noted this ebnstruction
preserves To the Legislature the right
To control at pleasure its DAYS and
hours OF session, and both the Gov
| ernor and Legislature 10 perform
their respective functions in a sane
and orderly way.
"The New Jersey decision denies
this right, and is oppressive in this
way. 1t is plain the Governor has
five full days in which, to act, and
that his period cannotAbe curtailed
a day, an hour or a minute. 1t fol-
lows, under the ruling, THAT a return
can be made only in actuai session,
and thai a temporary recess prevents
a return-that the housf. of the origin
must be in session each1ifth day from
the presentation of a tpill, and must
remain in session until midnight,
awaiting a possible veto. the penalty
for not so doing, in the case Of mac
ton by the Governor, Jbeing that the
bin dies at midnight@
This is a strange band unnatural
result, but / am unable, after refiec-
ton and study of the opinion. either
to escape it, or believe the court fore
saw or intended It. II any unbiased
/ attorney, after study of the opinion,
| can reach a different conclusion, !
would be glad TO know It'll
THE effect is not only oppressive,
but would add a feature in the passage
OF biua not heretofore dreamed Of.
ech a ruling. not only must
keture pass a bill. but the
kemeins to sit up with Il