The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-18

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cision of the house. And. as has just
} been seen. the senate has placed the
same Interpretation upon 1t when It
passed by the conference report be-
cause the requisite twenty-ope votes
were lacking.
1 Section SO, subdivision <(c) OF the
constitution provides that no bill shall
become law unless, prior to its pas
sage, it has been read at length on
three difference calendar days in each
house. provided, that such reading
may be dispensed with in any
case of emergency by vote of four
4 fifths of the members voting In each
house, taken by the yeas and nays,
the names of the members voting for
and against being entered on the jour-
nal.
On February 4th the bill in question,
after being debated all day, was or
dered to its engrossment and third
reading. At the commencement OF the
fsession. the morning of February
| 5th, the vote by which the bill was or
dered to it's third reading the day
before was reconsidered- Thereupon,
and necessarily while the bill was on
it's second reading, an amendment was
| offered by Senator Tavenner Con behalf
of himself and Senator Fletcher, as /
IrecalD fixing the qualifications of the
| electorate who should have the right
| to vote. This amendment was adopted
| by a viva voce vote, and then the
| president of the senate declared that
| the question was upon the passage of
| the bill, and directed the clerk to call
the roll upon that question. without
any suspension of the constitutional
| requirement for the reading OF the bill.
Assuming that the journal of the senate
| corresponds with my recollections of
the facts. / most unqualifiedly and un-
| l. ..kS III M
| Q has never at any time had the force
and effect of n duly enacted measure,
but. on the contrary, being stin born.
| is so dead that it cannot be the foun-
dation for conference report. For
! this reason alone, / am of opinion that
this bill should be vetoed
This section SO provides that no bill
which . creates. continues or re-
| wives a debt or charge, or makes, con-
| tinues or revives any appropriation of
public or trust money or
! which imposes, continues or revives a
tax shall be passed except by the at
| firmative vote of a majority of all
the members elected to each house. etc.
Section 1 of the enabling act, in one
of its provisions, requires the governor
to advertise the holding OF the election
for three. weeks prior thereto in ten
new spapers of general circulation.
! There seemed n studied attempt on the
part of the craftsman of the bill to
I refrain from taking any appropria-
| ton of public money. and possibly,
I from Il strictly technical standpoint.
there is no actual appropriation. But
does it not create charge upon the
| public' l 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.
til
and cities shall defray the cost thereof
| within their respective limits, there is
| no provision that the counties and
cities shall defray the cost OF this pAb-
! LEGATION of the governors proelama-
| ton. which Ia not required in general
elections. 1t seems to me- then, that
| the public honor is pledg ed for the
/ payment of the cost of this public serv-
| ice out of the public treasury. and this
| apprehend to be the creation of
/ debx or charge, which can only be dis
I charged by an appropriation hereafter
of public money by means OF twenty
I one affirmative votes | am of opin-
ion. moreover. that the provisions in
regard to the holding of the election
create a charge within the fair intend
ment OF the constitution. The people
OF the counties and cities together
make up the people of the whole State.
and it Seems mere bubble to say
that the distribution of the cost of the
election by counties and cities is not
Il public charge. l would also direct
your attention to the fact that the word
| public" is not referred to in connec-
ton with the appropriation OF money.
so that 1t might we'll be that a charge
4 imposed upon any political subdivision
of the State would, for the protection
of the people of such subdivision, re-
quire twenty-one votes. Just much
I as n charge imposed upon the people
of the State at large. i do not think
the bill imposes continues, or revives
/ tax, but / am clearly of opinion that
the executive should veto the bin for
the reasons above stated, either one
I Of which is sufficient.
What / have said in regard to the
number of votes applies, as you well
understand, 10 the conference report,
which received only nineteen affirna-
tive votes, but which required just as
many as did the original bill.
There is involved in this discussion
A question for more serious and of
vastly greater consequence than the
manner in which the bill was passed
namely. whether under our form of
government the initiative and referen-
dunn (hoth OF which are involved in
this bill) have any place, or whether
We live under strictly representative
government. | have not time TO go
tant question, but L will content my
self by saying that from the very start
there has never been the slightest
doubt in my mind that section forty
vests all the legislative power of the
State in the general assembly, so far
AS general or Statewide legislation IS
concerned, and that no part Of II re-
mains with the people Especially IS
this true with reference to liquor
legislation, as will appear from section
81, which vests full power in the legis-
lature to pass local option laws, i. G..
laws permitting the people of any
subdivision of the State to vote upon
the question as affecting their particn-
lar locality, or any other laws. con-
trolling. regulating or prohibiting the
manufacture or sale of Intoxicating
liquors; the clear import Of which is
that. while the legislature has picnary
power to enact a Statewide law pre-
hibiting the sale of liquor, Z cannot
submit the question of the passage of
such a law to the vote Of the people.
l have given you my views thus
hurrtedly and rambling'y. and submit
them for your consideration, feeling
assured that you will gve this matter
due thought. and that the decision
may safely be left to Your Judgment
and discretion,
Very respectfully yours.