The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-15
Says He'll Consult All
thorities as to Legal
Passage by Senate.
MANY PRECEDENTS
ARE BEING CITED
House Once Reversed Speaker
Ryan on Question of Lack of
Constitutional Majority of
All Members Elected in
Vote on Conference
Report.

Before taking action on the Williams
enabling act, Governor Henry G.
Stuart has agreed to consider written
briefs for against the contention
that the bill failed to pass the State
Senate by the required constitutional
vote of a majority of all the members
elected to that branch.
The question was discussed ycster-
day in every phase. with widely diver
gent views, even among those mem
bers of the General Assembly who are
trained In constitutional law. Nehem-
ent partisans of the bill arc in great
feather over their victory and refuse
to let their hopes he dashed by any
suggestion of failure. Vehement OPP
ponents are equally sure that the pill
is. rs one expressed 1t, n dead cock
I'm the pitt and that the enrolled copy
to be sent to the Governor will not
be worth the paper on which 1t la writ
ten.
Between the two extremes come the
great body of members of the General
Assembly, many of whom voted con-
sistently for the bill, and who arc now
frankly worried over the possibility
that tho work OF half of this years
session may go for naught
Governor Stunrt's Statement
The Governor indicated that he
would not receive delegations on either
side, not wishing to have his time
taken up with mere appeals from one
faction or the other.
The following authorized statement
was given out at his Office Yesterday
| morning:
Governor Stuart said this morning
that he would receive briefs or other
statements in writing for and against
inc contention that n constitutional
majority was not Registered for tho
conference report on the enabling act.
1 n attl. a
on the subject.
considering this purely constitution
al and parliamentary question, the Gov
ernor said he would consult constitu-
tionai and parliamentary authorities of
his own selection before reaching n
! conclusion"
Following the policy announced In
TINS statement. Governor Stuart yes
| terday declined to discuss the mat
Ter with Rev. James Cannon, Jr., Dele
cato Martin Williams, patron of the
bill, and Senator G. Walter Mapp, its
| floor leader in the Senate. who called
at his office. The official copy of the
DIN mas not yet been enrolled and
presented to the Governor. When en-
rolled 1t must first be signed by tho
| Speaker of the House and president OF
the Senate In the presence of those
bodies. and after being presented to the
Governor, he has five days in which to
give II consideration.
Did the BIll Pnssf
1t was generally conceded Yesterday
that the main point for the determi-
nation OF the Governor is whether the
bill did or did not pass. Questions OF
the constitutionality OF such a refer
| endum as Is proposed. OF the creation
or wine and beer monopoly. and other
points urged against the validity of tho
Dill as 1t stands. may more properly
be considered by the courts.
There was general searching yes
terday FOR presidents bearing on the
Immediate potnt-whether the adoption
of tho conference report did or did not
require the votes Of a majority OF all
the members elected to the Senate.
| There are forty members in the Sem
ate, n constitutional majority being
81 On tho recorded vote tho conference
report stood 10 to 10, and Lieutenant-
| Governor Ellyson cast the deciding
vote, voting aye. making the vote stand
90 to 10.
1t is conceded by all parties that the
fact that there was n pair cannot be
argued as increasing the vote on each
side. Pairs. it was stated. have no
legal standing whatever, the man an
! nouncins pair merely rising to a
question of personal privilege to an
nounce how he and his opponent would
have voted 1t Is an arrangement OF
convenience in Legislative bodies to al
low memb ers sick out OF the city to
have their position on any particular
subject recorded In the proceedings.
New Matter in Conference Report
! In this case the original bill passed
the Senate by more than n majority OF
the number elected. The amended bill
was the subject OF conference and
the conferees inserted new matter not
hitherto considered by either house
7 The conference report was thereupon
voted on In the Senate, with the result
as stated above and was declared
| adopted, 90 TO 10.
The clearest precedent in opposition
to this ruling. to which attention has
yet been called, was In the Long Par
lament OF 1902-3-4. which followed
the adoption of the new Constitution.
In that session there was prepared q
codification of the various license and
tax laws. including the Mann local OPP
ton law. The bill on the House side
was known as House bin No 49, The,
bill passed the House with fifty-nine
affirmative votes The two houses dis
agreed as to amendments. and there
was conference committee Tho
printed journal OF the House OF Dele-
gates. session 1902-3-4. page 629, sayss
THE report OF the committee on con-
ference on No. SO, House bill to raise
revenue for the support or the govern
ment, etc, was agreed to-yeas, 44st
In detail. The journal continues fpags
$50:
What the Journal Shows.
"AIr. Allen arose TO the point OF order
that under the Constitution OF Virginia
1t requires fifty-one votes to adopt tha
report OF the Conference, Committee.
upon the ground THAI the report OF the
Conference Committee imposes,4 co.'s n
tinues or revives tax (section bo).
Upon which point Of order the Speaker