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

Tor their local purposes; md so, as tn,
court says, public" then could NOT b,
construed rs embracing other thar
State moneys.
iii Alone Passed Senate.
2. 1t is conceded that the bill, with
amendments. passed the Senate with
the constitutional vote: that tho repor
OF the conference committee did not re
ceive such Il vote; and that the bill. a,
reported by that committee. and al
adopted by tho Senate, contained pro
visions differing from those In the bill
when 1t received Its constitutional vote
In tho Senate. viz. the Senate bin pro
vided that prohibition should go int
effect tshould tho people SO decided
May. 1917. Tho conference bill changed
this to November, 1916. and also made
other changes
A notable case is that of
Norman. Auditor. vs.. Ky. Board OF
Mgrs.. 9S Ky. 637. In that case the
bill. requiring constitutional vote
so passed the Senate and the House
with amendments; tho Senate concurred
therein. but without the requisite con-
stitutlonal vote. II was contonded
that, the requisite constitutional vote
having been obtained upon the pas
sage OF the bill by the Senate. such n
vote was not necessary upon the adop-
ton OF tho amendments: but the court
held otherwise: and It's reasoning APP
piles, In terms as we'll to the adoption
/ of the bill az reported from confer
ence. as upon the adoption OF amend
rnents. 1t says 1T Is conceded by the
counsel for the appellees and seems
plain that this mode OF proceeding did
not conform to the Constitution. 1t
complied with II In neither letter nor
spirit. The object of the section above
! cited was TO have the assent of a ma
| jority OF all the members elected to
each House to all the provisions of the
act" The contrary practice would de-
/ feat this object and render the section
intellectual"
1T is true il has been held
that the final passage OF n bill means
when II first passes the body, and not
when IT returns to II, after amendment,
Tor adoption: and II Is said that the
constitutional provision as to the num-
Der OF votes. and the entry OF the yea
and nay vote on the journal. does not
apply TO amendments or the reports OF
conference committees II so, then no
matter how material the change, q ma
9orlty vote OF quorum may pass the
Dill Tho words final passage as
used In our Constitution mean final
passage They do not mean some pas
sage before the final one but the last
one. They do not mean the passage of
Il part OF n bill. or what is first intro.
duced. and which may. by amendment.
become the least important. If so. then
the pody may pass what is practically
a new Dill In manner counter to both
the letter and the spirit OF the Consti-
tuition. When the bill was voted on I'm
me senate, us amended, and after It's
return from the House there never
was any further action by the SENATE
IL was the final vote, and therefore. its
maj passage; and being so. majority
vote or all tho members elected with
an entry by yea and nay vote upon the
journal. was necessary to it's constitu-
tional enactment"
"So Law Except By niii."
notice the court says IT is necessary
10 nave the requisite assent ito all the
provisions Of the act" and this has
not been given when the bin. as nnal-
~ passed, receiving less than the re-
quisito vote, contains provisions not in
me Dill when previously voted uDon
Ana be 1t observed the Constitution
PROVIDES that mo law shall DO enacted
except by bill" (Section 5oJ a CON
J .erehec report then. to have any Of
, rect must be In the shane OF hin
And surely this hill" cannot be said n
nave passed TIL the last and fnal voto
mas been taken thereon. The Cops.itr
,ion provides that this constitutional
vote shall be had upon the "pasaoCo"
or the bill. This cannot mean any pre-
VIous vote, since the bill Is certainly
- 1850" as Ionc as there remains
ANYTHING 10 be done or any vote 10 he
taken. ~ oe
People V. Wolf. GO I'll. 25s Tho
Rouse passed bill. the Senate amended
~ ''"tn ny constitutional vote) Tbn
Rouse refused to concur. and the Son
ave Teceded from its amendments. bu,
this was not done bv a constitn,ionaj
vote The court held this 10 he nnnas
sary and that the bin had not PASSED
see also Robertson V. People, 20 Col
surely If constitutional vote he
necessary 10 recedc from an amend
ment' II Is necessary TO cngratt an
a. s',i, upon a bin. and fortiori
10 hnAiIr pass the bill as reported from,
a conference COMMITTEES. To hold
othei wise would. rs the court said in
Norman v Kentucky Board of Man
ayers. above referred 10, destroy the
Whoie object OF the Constitution
nuppose me senate passes bill ap.
propriat ting 500 and the House amends
the Dill, making the amount approprl-
ated $1,000. 100000 (both by constitu
uohhi ma1oritics), can the Senate agree
10 that amendment by a lesser vote
man that which was necessary to max,
The original appropriation? Suppose
the senate refuses TO concur in the
amendment and conference ~ had
me conference report recommends
SSouocO Can the Senate adopt that re-
port by lesser vote than that which
was necessary TO make the original an
pronriauon? If so. then II has oD-
nfopriatcd an enormous sum OF money
upon the vote OF sixteen Senator's 1.-TWO
dfths OF the members elected al
though twentyone were necessary 10
appropriate the original insignificant
sum of 500.
Vote on Conference Report.
Section 80 (d) OF the Constitution
provides that q yea and nay vote shall
be taken upon the final passage of n
bill etc And that section further pro
vdes that only In the manner re-
CURED in subdivision td)-shan an
amendnent--be concurred in--or a
conference report be adopted And
II is commended. believe that, there
fore, conference report upon anv
question may be adopted in that man
ner and without other requisites This
! position cannot be sound. The language
/ merely means that no amendment can
! be concurred in or conference repor,
adopted unless these requirements be
/ met
| These are requirements. indeed, to tho
! passage OF every bill, amendment or
! conference report But 1t In no wiso
| follows that there may not be other
] requisites; since, indeed tho same Gao