The Washington times., 1913-06-07
CAPITOL EXPERTS
SAY BILL IS VALID
Differ With Johnson, Who Says
Fact District Measure Was
Signed March 4 Kills 1t.
Continued from First Page, {,

OIl PaRe.l
tion until meridian of the 4th OF
March"
Mr.. Rose in his work point, out
that many bills have been approved
On March 4. In 1911. on that date
President Taft signed the postoffice
the sundry civil. the naval, and the
general deficiency appropriation bills
The fact that the District bill pass
ed on the calendar day of March 3. in
the afternoon. and not on March T.
knocks the chief prop from under
the argument of Mr.. Johnson, who
has revived the old issue.
Constitutional experts of the House
District bill would stand il the issue
Is ever presented to court.
since the close of the Thlrty-first
congress the legislative day of March
3, at the close of a Congressional ses-
sion. has extended beyond the hour of
midnight OF that dya, and generally
up to the hour of II o'clock noon Of
the calendar day of March 4.
Former Speakers Carlisle and Ran
dali, two OF the greatest presiding
officers in the history OF the House,
have held that there was nothing IN
the Constitution to prevent the con-
tinuance of the Legislative day of
day of March L.
Speaker Carlisle, in 1883, in an ex-
haustive ruling on a contention similar
to that now made by Congressman
Johnson, declares:
TT has been invariably held that so
long as the legislative day continues,
the terms of members continue. 1t
has been the universal practice of the
House and Senate to remain in session
on the legislative day of March until
IL o'clock noon of March A.
The District appropriation bill. the
validity Of which Mr.. johnson attacks.
was passed on the afternoon Of March
3. so there can be no complaint on that
score. 1t was signed by the President
on March 4. while the Congress was
still in session, and Taft was still Ex-
ecutive.
From the foundation of the Govern
ment Presidents have signed bills on
the morning Of March 4, but Presi-
dent Roosevelt was the first Executive
to so date a bill. signed on the last
day Of the session. His predecessors
date March 4 5'lls as Of March 8.
President Roosevelt, after consult
ing constitutional lawyers. held that
the back dating Of a bill was a sub
terfuge and also unnecessary under
the Constitution. He inaugurated a
precedent Of signing bills on March 4
and dating them as of that date.
Congressman Johnson declared that
all bills passed by Congress March
last. and signed by President Taft, are
void, including the measure appropriate
ing s120O0.000 for the expenses OF the
city Of Washington for the fiscal year of
1914.
Mr. johnson bases his contention on
the claim that the Constitution limits
the life of a Congress to two years, and
that as the law does not contemplate
the division of day. all measures not
concluded before midnight of March 3
are without effect.
As. a court ruling upholding this
opinion would seriously affect the affairs
of the nation as a whole and the Dis
trict in particular, the matter IL en-
gaging the serious attention Of legal ex-
perts and constitutional lawyers.
At the Capitol II was pointed out that
IL Mr.. Johnson's assumption Is correct
millions of dollars have been paid out
from the treasury without proper au-
thority, and many of the laws passed
by Congress and written into the statute
books during the last century and a
quarter are without legal standing.
Regarding the District bill. Mr.. John
son says that its face shows that II
was not signed by the President until
March a. or after the Sixty-second Con-
gress. which passed II. had been in ses-
sion more than two years. He says
that the journal OF the last day Of the
Sixty-second Congress was never ap-
proved. and is therefore nothing more
than memoranda.
This journal shows that the legisla-
tive day OF March was continued un-
til March 4, but the failure to have It
approved, he contends. would allow
evidence to be introduced showing 1t
was actually on March when the
appropriation was passed.