The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-18
Senator Early Cites Pre-
cedents in Support of
His Contention.
BILL NOT
RE A d IN SENATE
Many Authorities Quoted to Show
Act Required Twenty-One Af-
firmative Votes on Final Pas
sage-Some Opponents Re
serve Their Fire for
Court Contest.

Claiming that the enabling act fail
| ed of passage i'm the Senate because 1t
received on the final vote less than n
| majority OF all the members elected to
that branch of the General Assem- bly,,
and that the readings required by tho
state Constitution were not had, State
Senator y. B. Early, Jr fled with Gov
/ crnor Stuart yesterday morning at 10
4! o'clock an extended brief, in which a
number of legal and parliamentary de-
! cis!onS are cited to sustain his con-
| tention. Senator Early devotes most
! of his attention TO the manner in which
the bill is claimed TO have passed the
Senate leaving to n possible later dis
cuSsion in the courts the more tntri-
cate questions OF monopoly and OF inl-
| tiative ana referendum without express
constitutional authority. Senator Early
/ signs his brief alone, some of those
| who opposed the bill having openly
expressed the hope that the Governor
will sign IL. intending to raise con-
stitutional objections before the courts
after the General Assembly has ad-
! iourncd. when there Will be no oppor-
tunity for tho introduction and pas
| sage of n new bill
Text of Early Brief.
Senator Early's brief attacking the
validity OF the bill follows in full:
To Hon. II. c. stuart. Governor of Vir-
gnia:
| 1t is respectfully submitted that
House bill No. ., known as the "en-
abling act" and now before you for
your approval disapproval, should
/ be vetoed because OF its failure to re-
ceive in the Senate that majority of
all the members elected" as required
by clause (d) of section 80 OF the Con-
stitution OF Virginia.
| There can be but two questions in
volved:
l. Is this bill which Creates. con-
| tinues or revives a debt or charge, or
makes. continues or revivcs mn appro-
priation of public or trust money?
| Q III so. must the report of the con-
| ference committee receive the consti-
| tutional vote requisite to the passage
I of the original DILL?
! 1. Tho bill does create charge"
and does make an appropriation OIL
public money"
| (a). 1t is provided therein that the
Governor shall give notice of said
election" by proclamation printed at
| least once n week for three consecutive
weeks in at least ten newspapers of
general circulation published In various
sections OF the State.
| This necessarily means that the state
| is to pay for the expenses of such pub
lication out of its treasury; and If the
bill does not, in terms. make an appro-
priation for the payment thereof. 1t
the State must meet.
(b). The bill further provides: Said
election shall be held and conducted as
other elections arc held and conducted.
and the necessary expenses of the same
paid us provided by general law'--that
is, paid out of the moneys or the respec-
tive cities and counties OF the state
Constitutes Public Charge.
1t will hardly he denied that this
Language constitutes charge" or "ap-
propriation," and it is submitted, with
equal confidence. that IL is OF public
money" Nor, probably. VIII 1t be de-
MED that. il tho expenses of the cleo
tion were to be paid from tho State
treasury, the bill would require the
constitutional vote" We contend that
no distinction can be drawn between
money In the State treasury and that
| belonging 10 the cities and counties
The cities and counties are political
subdivisions of the State, exercising
such governmental functions as the
State has given them. The moneys un-
der their control, and from which the
expenses of this election are TO ce paid'
are raised by taxation, Just as the
moneys in the State treasury are raised
they are public moneys Can they,
by any possible construction OF Ian
guage. be called private?
Quotes Similar Case.
Under the old Constitution arose the
case of Lambeth VS.. Smith. 9S va.
26S The language there was an
appropriation OF public or trust
money"-not by any means as broad. 1t
will be observed, as that of the present
Constitution-and yet tho court held
that "the costs OF printing and bind
ing" the books of the commissioner
of valuation, "as we'll as the costs or
advertising as prescribed In the act
brought the act within the require
II
actual appropriation was made by the
act.
Other courts have held that public"
money includes moneys of cities and
counties.
Myers VS.. Kiowa Company, Commits
sioners. 60 Kan. 1872 The statute
provided that the county treasurer
In a bank, etc. Held---that this includes
money belonging to the State, county
and townships-and that public
money" and county funds" arc con
vertible terms"
Defines Public Moneys.
In re Renier. 122, Fed. 100. Our
treaty with Germany includes. among
cxtraditable offenses the embeZzle-
ment OF public moneys" Renier was
cashier OF a savings bank in the town
of Lauenstein, which bank was owned
by the city. He cmbezzled funds be-
longing to the savings bank and es-
capped to this country. He resisted ex-'
tradition upon the ground that the
money embezzled by him was not pub
lie money" and so not within the terms
of the treaty. Tho court says: THE
money deposited in the savings bank
by individual depositors was, OF course
before the deposit. private moneys. but
upon the deposit, this money became
the money OF tho city OF Lauenstein
the owner of the bank. Tho coun-
sel for the accused asserts that the
term public moneys as used In this