The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-14

Governor Stuart WINS asked carly ycs-
terday afternoon by state senator
Early not to sign the Williams en-
abiing net on the ground that II had
failed to secure. the constitutional ma
jorIty of NIL the members elected to the
Senntc, md was. therefore, void.
Senator Early called the attention
OF the Governor to section so OF tho
state Constitution and found the Gov
ernor, who was a member Of the Con-
stitutional Convention, sufficiently
familiar with it to quote the passage
from memory. Governor Stuart did not
Indicate his position as TO tho bill.
which Is not yet legally before him. the
enrolled copy not having been signed
by the Speaker of the House and presi-
dent OF the Senate.
He seid, however, that he would give
the matter careful consideration, and 1t
is probable that when 1t comes up. he
will hear argument as to the constitu-
uonsiity OF the bill and the manner
of its passage.
What ConstftutIon Says.
The conference report on the en-
abling act passed the Senate yesterday
afternoon on a recorded vote of 90 to
Ing the deciding vote.
Section so of the State Constitution
which specifies how n bill shall be
considered and voted on by the two
houses of the General Assembly, reads:
And provided further. that no bill
which creates, or establishes new
office. or which creates. continues or re-
wives debt or charge, or makes, con-
tinues or rcvives any appropriation OF
public or trust money. or property, or
releases, discharges. or con,nrutcs any
claim or demand of the State, or which
imposes. continues or revives tax,
shall be passed except by the afirma-
nT nj NJ oil
members elected TO each House. the
vote to be by the yeas and nays. and
the names of the members voting for
and against, entered on the Journal
Did Not Have Half the Members.
There are forty members elected to
the State Senate, not counting the
Lieutenant-Governor. who presidcs over
Its deliberations" said Senator Early
last night.
"a majority. therefore. is twenty
ono votes Even counting the Lieuten-
ant Governor, who was not elected TO
tho Senate, and who, / do not think,
could be counted in making a major
ity Of the number elected. this bin only
received twenty Affirmative votes and
yet was declared adopted.
1T may be contended that the vote
taken to-day was on q conference re-
port-not on the passage OF the bill
and that the bill passed several days
ago by vote larger than the required
constitutional majority. The bill as 1t
came from the conference committee
was amended In many particulars. The
provision exempting brandy from the
Senate wine amendment was absolute
ly new matter. which had not been dis
cussed, considered or presented to
either the House or Senate. In many
other respects the vote on the con-
ference report WAS the final passa ge
OF the bill
Creates Charge or Every City and
County.
THE bill in terms RENTS n tax now
amounting to about 100000 a year.
Furthermore. II imposes OH every coun-
ty and city In the Commonwealth n
charge for the expense of conducting
the special election and provides for
payment OF certain fees to clerks
sheriffs and others. | am clearly OF
the opinion. and am sustained by sew
eral of the clearest parllamentarian ms
I'm both houses, that il requires for pas
sage the affirmative vote OF the major
ity OF all the members elected"
Senator Early said that there was
ample precedent for his position. The
1900 session passed bin for vaiua-
(Contipued On Ninth Page)