The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-02-29
GOVERNOR NOT TO
Sign AMENDMENTS
rio MOND, VA, Special

r I II NJ o n d, A, Special
Governor Mann notified the House
of Delegates that he would not
sign the proposed amendments to the
State Constitution allowing city treas
urers and commissioners Of the reve-
nue. TO succeed themselves.
Accompanying the Governors let
ter were the unsigned amendments
returned by him and Voluminous
letter from Attorney General Williams
upholding the chief executive in his
contention that he could not affect
the standing of the amendments one
way or the other 10y signing them or
vetoing them.
Attorney General Williams give a
number of citations TO show that a.
Governor cannot veto a constitutional
amendment, and that his approval is
merely the emptiest of formalities.
The opinion OF Attorney Cen
cral Williams, which was COM
plctcd today, covers ten pages and
reviews the case in detail.
Ii is known that the opinion is
emphatic In its declaration that
the amendment To the Constitu-
ton requires no action at the
hands of the Governor. and that
there is an adjudicatcd case I'm
Pennsylvania, which is said 90 be
in every way parallel with the
Virginia case. The Supreme Court
of that State held that the amend
mcntS TO the Constitution were
not affected by the approval
OF diSapprOVal of the executive
The resolution providing for taking
a popular vote on the amendment tn
the Constitution affecting the tenure
of Office of city treasurers and com
m1sioners of the revenue will become
effective without any action on the
part of Governor Mann.
| Ihls fact became known today and
| Followed the reception OF an opinion
from the Attorney General. requested
| by the Governor. OF course. the At
torney General and the Governor de-
chned to discuss the nature Of the
opinion, but the Governor is under
stood to base his action for refusing
to approve or disapprove the measure
on the Constitution itself
| Under the Constitution every law
has first to appear In the nature of a
Dill. 1t has to be approved by the
Governor before they are operative.
But there is no such provision-re-
curing the Governors approvaI-iu
sutution. The Governor relies on sec
ton 1876 for his stand in the matter.
That section is as follows:
Section 1916. Any amendment or
amendments to the Constitution may
! be proposed in the Senate or House
| agreed to by majority of the mem
bers elected to each of the two houses.
such proposed amendment or amend.
ments shall be entered on their iour-
naIs' with the ayes and noes taken
! thereon, and referred to the General
Assembly at it's first regular session
held after the next general election of
members of the House of Delegates.
and shall be published for three
months previous to the time of such
eiecuon. II, at such regular session
the proposed amendment or amend
ments shall be agreed to by ma
Jorlty OF all the members elected to
each house, then 1t shall be the duty
or the General Assembly to submit
such proposed amendment or amend
ments to the people, in such manner
and at such times as 1t shall prescribe:
ana If the people shall approve and
ratlfy such amendment or amend
ments by a majority Of the electors.
quallhed to vote for members of the
General Assembly, voting thereon,
such amendment or amendments shall
become part of the Constitution.
whether the action Of the Governor
IN signing the resolution When first
adopted will affect the measure is not
known.
The people have already voted on
the proposition. 1t is accepted as an
established principle of law that a
General Assembly can do anything it
pleases which is not inhibited by the
constitution from doing. Therefore,
II is competent for the Legislature to
Or9er the vote taken a second time.
Whether Governor Mann would
nave approved or disapproved, the
matter is obscured by this interpre-
tation OF the Constitution. He is firm
In his conviction that he has not the
case.
So 1t appears that the action Of
the House and Senate will stand and
tnat the people will again vote on
the question of giving the city treas
urers and commissioners or the reve-
nue. the same rights which the city
officers OF the same class now enjoy.