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

de,
and as adopted by the senate, con-
tanned provisions differing from those
in the bill when Ii received Its con-
stftutionaI vote in the senate. viz.
the senate bill provided that prohibi-
ton should &c into effect tshouid the
people so >decide) May, 1917. The
conference bill changed this TO Novem-
Der. 1916. and also made other
changes.
notable case is that of
Norman, Auditor, VS.. Kentucky
Board of Managers, 90 KY, 537.e In
that case the bill. requiring consti-
tutional vote, so passed the senate and
the house, with amendments the sem
ate cohcurred therein. but without the
requisite constitutional vote. 1t was
commended that, the requisite constitu-
tional vote having been obtained upon
] the passage. of the bill by the senate.
| such a vote was not necessary upon
/ the adoption of the amendments. but
the court held otherwise; and its
reasoning applies, in terms as well to
The adoption of the bill as reported
from conference. as upon the adoption
of amendments. 1t says; 1T is con-
cedod by the counsel for the appellees
and seems plain that this mode of
proceeding did not conform to the
constitution. 1t complied with it in
neither letter nor spirit The object
Of the section above cited was to have
the assent Of a majority of all the
members elected to each house to all
the provisions of the act" The con-
trary practice would defeat this OBJ
ject and render the section ineffect-
uaI."
at Is true II has been held
that the final passage of a bill means
when 1t first passes the body. and not
when it returns to it, after amend
ment. for adoption: and it is said that
the constitutional provision as to the
number of votes, and the entry OF the
yea and nay vote on the journal. does
not apply to amendments or the re-
ports of conference committees. II
SO, then no matter how material the
change, Il majority of a quorum may
pass the bill. The words final pas
sage as used in our constitution mean
final passage. They do not mean
some passage before the final one, but
the last one. They do not mean the
passage Of a part of bill, or what
Is first introduced, and which may, by
amendment, become the least import
ant. If so, then the body may pass
what is practically a new bill in
manner counter to both the letter and
spirit of the constitution. When the
bill was voted on In the senate, as
amended and after its return from
the house, there never was any further
action by the senate. II was the final
end being so, a "a ority vote of all
the members electe,L with an entry by
yea and nay vote upon the journal,
was necessary to its constitutional en-
Iactment"
Notice the court says il Is necessary
ia have the requisite assent Ito all
THE provisions of the act and this
has not been given when the bin, as
finally passed, receiving less than the
requisite vote, contains provisions not
, in the bin when previously voted
upon. And be it observed. the con-
stitution provides that no law shall
be enacted except by bill" tSection
5 So A conference report then, to
have any effect, must be iii the shape
Of a bill. And surely this 'hill' can
3 not be said to have passed till the last
r and final vote has been taken there
> on. The constitution provides that this
constitutional vote Shall be had upon
the passage of the bill. This can
not mean any previous vote, since the
> blu is certainly not passed as long as
there remains anything to be done
or any vote to be taken.
People vs.. Wolf, 81 Ill 253. The
house passed bin, the senate
, vote,) The house refused to concur.
! and the senate receded from its
amendments, but this WAS not done by
n constitutional vote The court held
this to be necessary and that the bill
had not passed.
!. See also Robertson VS.. People, 20
= Col 279
Surely if a constitutional vote be
. necessary to recede from an amend
= ment. ii is necessary to engraft an
= amendment upon a bill, and fortiorl
= to finally pass the bill as reported from
! a conference committee. To hold
otherwise would as the court said in
L ,s.Irxv -
: ayers, above referred to, destroy the
: whole object of the constitution.
r Suppose the senate passes bill APP
: pr0priating S100, and the house
/ amends the bill. making the amount
G appropriated 10000 600 tboth by
l constitutional m@ioritiesl, can the sem
- ate agree to that amendment by
= lesser vote than that which was neces-
[ sary to make the original appropria-
n ton? Suppose the senate refuses to
2 concur in the amendment and a con-
Il ference is had. The conference report
h recommends $500 900. Can the sem
- ate adopt that report by q lesser vote
|, than that which was necessary to
make the original appropriation? If
J. SO, then it has appropriated an enor~
z nous sum Of money upon the vote of
@ sixteen senators (two -fifths of the
0 members elected), although twenty
u one We're necessary to appropriate the
7 original insignificant sum of 500,
Section so {d) of the constitution
n provides that a yea and nay vote shall
g be taken upon the final passage of a
Z bill. etc. And that section further pro-
. rides that only in the manner re-
: CURED in subdivision td)-shall an
> amendment be Concurred Nor n
: conference report he adopted" And
: It is commended / believe. that there
: fore, a conference report upon any
u question may be adopted in that man
her and without other requisites This
position caanot he sound. The lam
, euage merely means that no amend
a | ment can be concurred in or confer
a ence report adopted unless these re-
q quiremcnts he met
These are reQuirements indeed to
the passage IF every BILL amend
3 ment or conference report But it in
- no wise follows that there may not
! be other requisites: since indeed. the
r same section proceeds to make other
= requirements in certain classes If
A cases. Nor can this view be recon-
; ciled with the requirement lof this
I same seCtion) that only in the pre-
e FcTibed way may "a bill be passed;
$ and, AS has been argued a Dill is
. not passed till the final act be per-
50 force