Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-09-28
DEATH TRAP BILL
VOID, COURT SAYS
Grade Crossings Act Not Con-
stitutional, According
to Opinion.
MANY MEASURES PASSED
OVER VETO MAY BE HIT
Laws Affecting Newark in List
Not Returned Within Five
Days Limit.

TRENTON, Sept. 2s.-That the
Pierce embarrassing bill Is 10 a law
is the opinion of Chief Justice dunn
mere, of the Supreme Court, who has
declared the law invalid because 1t
was no returned to the Legislature
by the governor within the Ave days
| limit prescribed by the constitution.
According to the courts ruling, an
adjournment of the Legislature made
the return OF the bill impossible.
II is admitted that the chief JUS
tees decision may have a sweeping
effect. Inasmuch as the governor had
returned forty-two vetoes to the
Legislature at the time he vetoed the
grade-crossing bill, the question
arises If these measures, about half
of which We're passed over the gov
ernor's veto, are not in the same
category.
If the same rule is applied to them,
they were apparently invalid, as they
did not come back to the Legislature
within the prescribed five days.
Whether the fact that they we're re-
passed over the veto will alter their
status remains Il be seen. Repas sed
| bills do not again go to the governor
for his signature.
Franchise Act Involved.
Many important bills are involved
In the question. The ffty-ive-year
franchise act Is one. Another Is the
bill providing for a commission to
report again on the Morris canal
abandonment scheme.
Many acts directly affecting New
ark arc in the list including the
act allowing the city of New
ark to expend an extra mill
ion dollars on the ship canal plan,
the act compelling the Newark City
Council to grant whatever appropria-
ton the Board of Works asks, the
act prohibiting the Mayor of Newark
from filling vacancies in the Board OF
Works, the act increasing the salaries
of Newark's license inspectors, the
act providing for a state system Of
highways, the Incidental a%ppropria.
ton bill, the law increasing the sal.
airy of Gardner Colby, civil service
examiner; the act providing for a new
prison labor commission, the act pro.
viding for the formation of toll bridge
companies, the Camden charter bill
the act permitting the parole of o
yicts after serving half their tern
on application to the State Prison
Commission, and minor election bills
If the same reasoning is applied t.
these measures as the Supreme Cour'
has applied to the grade crossing act
II will require a special session o.
the Legislature to validate them.
Features OF Pierce Act.
II will be recalled that the Pierce
bill provided for the removal Of ont
grade crossing each year by eacf
railroad for every thirty miles OF
track 1t owned, that Governor vii.
SON vetoed the measure on the groun
that it placed too heavy a burden or
the railroads. The Republican ma.
jority in the Legislature claimed thai
the veto vas too late and that the
Pierce bill had become n law through
failure of the Governor to act upor
it within the five days provided BY
the Constitution. The Legislature hat
adjourned temporarily March 20, leav.
ing the grade crossing bill In The
hands of the Governor.
The Legislature reconvened April
10 to consider vetoes by the Governor
The Governor had sent his veto tc
the wrong house, and by the time
he had corrected the error and Sent
il to the chamber where 1t had orig
mated the Ave days had expired be
yond cavil. The Republican major
lty, therefore, claimed that the bill
was a law despite the veto and ooh
no further action. II LIS printed In
the volume of 1912 statutes.
But ii never occurred to the Legis-
lature that all the vetoes II received
on April 10 had been submitted be-
yond the five-day limit, and 1t pro
ceeded to pass them over the veto
The Legislature was merely guided
by the date the Governor had affixeo
to each veto message. Neither hao
II occurred to the Legislature or the
Governor that in a%djourning for more
than FIVE days 1t was impossible to
retur the vetoes within five days
During INC TtttSs thht h"h N'Nh
taken the Governor was part OF the
time out of the State campaigning
for delegates in the Presidential
preferential primaries.
Law Cited In Opinion.
The clause of the Constitution which
prescribes that all vetoed bills must
be returned to the Legislature within
five days says:
"If any bin shall not be returned
Ito the Lesislature) by the Governor
within five days (Sunday excepted)
after II shall nave been presented to
him the same shall be n law in like
manner as Il he had signed II, unless
the Legislature by their adjournment
prevent its return, in which case 1t
shall not be q law"
It has hitherto been the theory that
adjournment" In the clause men
toned meant sine die adjournment
Bills disapp~oved by the Governor
after sine die adjournment are filed
In the State Library.
After quoting the provisions of tbs
Constitution requiring the Governor
to send a bill back to the Legislature
within five days If he d%isapproves o.
IL, the court says:
1--WE conclude, therefore, that by
force of the constitutional provision
under consideration, the adjournment
of the House in which the bill orig
mates, after such bill has peer pre-
- A. 4 A.