Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-07
JOHNSON DECLARES
BILLS ARE INVALID
Calls Congressional Measures
Passed March a Last
Null and Void.
SAYS FUND FOR DISTRICT
IS NOT LEGALLY PROVIDED
Ayers Appropriation Bill Shows
Upon It's Face It Was Ap-
proved One Day Late.

The appropriation of S12c0o,ooo. the
amount of the last appropriation act for
the District of Columbia. Is declared In
valid. and all bills signed by President
TAFT between midnight If March and
the time that President Wilson was IN
aucurated March I are declared 10 be
ruconstitutionallv placed on the statute
books in an interview by Representative
Pen johnson of Kentucky chairman Of
tne committee on the District Of Column
hfa lie also takes the position that all
bills passed bv the House on the last
dav Of Congress are invalid because the
journal Of that day has not been ap-
proved by Congress. according to Mr.
Johnson
Mr.. Johnson's statement is based Oh
LEGAL grounds. ard should nc start 70
undo the work left t. the last mnu.e %
Cepgress il would create j situation alb
soiutely unparalleled III hstorE.
Statement OF Nj. Johnson.
Alr johnson sad t. 4 star reporter:
The constitutional term of Coneress be-
ems 'un' March ! III the odd-numbered
years and extends through two years
only Ii the two-year term commenced
on March 4 and ended on March i two
Years thereafter. the length OF the term
would be two years and one day instead
at two years only.
"The Continental Congress. on Septem-
ler L., 1Tss, declared upon the authority
conferred by the federal convention the
frSt Wednesday III March next To he
the time for commencing proceedings
under the said Constitution.
The first Wednesday in March of that
Var came the fourth day. shortly
after the First Congress assembled
joint committee held that the term OF
IrTre~en -.ttiN.S and senators commenced
March T. I1S:, and expired at midnight
March 8 1871. making term OF exactly
tao years. instead Of two years ana
day. The SiNty-second Congress expired
by constitutional requirement. at mid
night March 3, 1913, and the SiXty-third
Congress took birth at the same mo-
ment
Calls Acts Null and Void"
NO lawyer viii, dispute: The law
knows no part of day. Every da
begins at midnight and ends with the
arrival Of the succeeding midnight.
Therefore, every act of Congress after
E1idnisht of March 3 null and void.
Ioweter, if the journal of the body
IN Which a bill originated shows that
al legislative action relative to q meas
uGe was finally concluded before mid
night of March 3, then the journal con-
trolls ana even the courts cannot 20
behind what is shown by the journal
The House Journal. am informed dis
closes quite a number of bills TO have
been passed on the 18th. ! am informed,
however that the House journal states
thar the District appropriation bill was
passed on the :;d. If the journal so
states. the journal is in error. but. that
matters not, as tn entry on the journal
10 that effect cannot be questioned any
where, and is final
Approved March a.
.Hoaevsr. a IT, en4 of Congress
Has al hanl, the President must also
tsee approved the lin Oh March ). b.
Il, midnight The question now arises:
t.asu dld the President approve the Dis
iii appropriation bil2 The official bill
hea il at the State Department
SHOWS upon its face tat II was approved
laycA !. The dat upon which ii was
approved i- | am Informed, in the hand
~r.tins . AIR fatt himself. SO. while
the record shows tie bill 10 hay. COM
r,eted is legislative journey before mid
pisht of March >. tie executive record
shows that !, did not.
IN ordef - become law the bin must
nave rHssd Hoth houses ID Congress and
1--we hsen approt.d ts the Prcsi-
Irrt before the rau-I .pnaf tern,-
sttn f the TNtE second Con-
So t.. tll on II each
~ l.
tne pocket N.su. That Is If the
lEsattrut Irltner ss-As nor yef8es a hiil
at ~. erd of 4 session. i fails 10 be-
come law. he President mus. approve
h.H before the dsath o. The Congress
which passed il. else il cannot become
law. Tae President serves uuiu hs sue
srssot is elected and qualified Conse-
94eAtly there are many taIESS which lie
an correctly do between midnight Of
A!arcn and noon ~ March 4 when his
llgeessar Usually qualities. fut apfrav-
- 2 legislative ac- s not nIe Of thtn
e. ause Tic Constitution, Ia substance
requires that official act Of tue President
- - sare before the eud Of the then
expiring term
Journal Not Approved, He Says.
There Is another thing in the wal
- the validity Of the acts Of the Sixt,-
4, fra Coasress which passed during
f.s ssSt ours Of that body Is j said.
fss eert. .tu-ss Of ne journal eausro, j..
s#t'Hay, tsa. Eut - not believe There
- 51a nal Of the last days work.
Nh'tAeE tHat day - considered as 4
l's-s-at.ve Gav ~ = calendar day. for
tt~ reason mat tpu2rcsS DID not sfp-
& tts journal 0f the last daN of fnc
.'H.:t ConGfts@. That io,trnas
t,z.se 54Das without a resolution. mo-
81 Hsa,r II Congress approving ii.
"f' nothing more than memo
ta#...s iEaav t.t the tueu Journal clerk a.
L.. '5 tAt ha- Irtcr become the
Approved Journal ri tie
L#e s- ACT af jAv House should
..a taa aepE" III II the Journal.
Ns not tie cds". Every day
iofnrat motion made and
- ftrofts the journal Of the
4ts no succeeding legislative
tat unai adjournment the
FL" h-'s III have done Mas tn, ;lp-
Ea' jplrnal last though an
C1"tt @a-ress would never convene
-.'.' t9.', ! think. il the question is
t@-Se0 tts courts viii hear witnesses as
- NH@H the bill was actually passed
aAa Viii not be bound by memoranda
h'gGr ~ Tie journal clerk
tie ma kim that the law knows no
PERI ~ a day is laid down by Black
s'3at aad all OF the writers. AS an il
!-sttati1n of The rule Blackstone. some
Mhefe n MS writing Il have not seen
y Tor thirty Years. says that il a man
WIS born. Tor instance. March I. and
an lection should be held March 8
l"'hty-one years thereafter, that that
man would IL entitled TO vote March 3.
hatW thstand. ng he was born March 4,
h.f he la mn