The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-18

An appeal was taken from his decision.
and the House. though largely in
favor OF the measure, reversed the rul-
ing OF the chair by a vote of so to 20,
upon the point that the same vote was
necessary for the adoption of the con
ference report as was required for the
original passage Of the bill.
This decision still stands as the de-
cision OF the House. And as has just
been seen. the Senate has placed the
same Interpretation upon II when II
passed by the conference report because
the requisite twenty ono votes were
lacking.
Section 30. subdivision tc) OF the Con
lstituiion provides that no bill shall be-
come law unless. prior 10 its pas
! sage. II has been read at length on
three different calendar days In each
house: provided that such reading may
be dispensed with in any case
lof emergency by n vote OF four-fifths
OF the members voting In each house
taken by the yeas and nays, the names
or g members voting for and against
being entered on the journal.
Says BiII Wasn't Passed.
On February the bill In question,
after being debated all day. was order
cd to its engrossment and third read
ing. At the commencement of the ses-
sion. on the morning or February g, the
vote by which the bill was ordered to
reconsidered, Thereupon, and neces-
sarily while the bill was on It's second
reading. an amendment was offered by
senator Tavcnncr Con behalf OF himself
and Senator Fletcher as | recall). fix
ing the qualifications OF tho electorate
who should have the right to vote
This amendment was adopted by viva
voce vote, and then the president OF the
Senate declared that the question was
upon the passage of the bill. and d-
rccted the clerk to call the roll upon
that question. without any suspension
OF tho constitutional requirement for
the reading of the bill. Assuming that
the journal of the Senate corresponds
with my recollection OF the facts
most unqualifedly and unhesitatingly
say that House bill No. has never at
any time had the force and effect of a
duly enacted measure. but. on the CON
trary. being stilborn. rs so dead that
II cannot be the foundation for a con-
ference report For this reason alone
am OF opinion that this bill should be
vetoed.
This section 90 provides that no bill
which creates, continues or re-
wives n debt or charge. or makes. CON
tinues or revives any appropriation OF
public or trust money or which
imposes, continues or revlves n tax.
shall be passed except by the, affirma-
tive vote OF a majority of all the mem
OcrS elected to each house. etc.
Indirect Appropriation.
Section OF the cna bling act. in one
OF Its provisions requires the Governor
to advertise the holding of the election
for three weeks prior thereto In ten
newspapers of general circulation.
There seemed u studied attempt on
the part of the craftsman of the bill
TO refrain from making any appropria-
ton of public money. and possibly from
q strictly technical standpoint, there
Is no actual appropriation. But does
1t not create charge upon the public?
| answer in the Affirmative You will
notice that while the bill IS careful
to provide that the holding OF the
election shall be governed by the laws
applicable TO general elections. which
means that the several counties and
within their respective limits, there is
no provision that the counties and
cities shall defray the cost of this pub
LEGATION of the Governors proclama-
tion, which Is not required In general
elections: II seems to me, then. that
payment OF the cost of this public SER
Vice out of the public treasury, and
this / apprchend to be the creation OF
a debt or charge, which can only be
discharged by an appropriation here
after of public money by means of
of opinion. moreover, that tho pro
visions in regard to the holding OF the
election create a charge within the
fair intendment OF the Constitution.
The people of the counties and cities
together make up the people of the
bic TO say that the distribution OF the
cost OF the election by counties and
/ cities is not public charge. / would
! also direct your attention to the fact