Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-13
GOVERNOR HAS RIGHT
TO CHANGE HIS MIND
interesting Legal Opinion Issued bv
Attorney.Gen
Pollard.
ANNUAL REPORT PUBLISHED
In Opinion. Attorney-General Holds
faroled Convict May Legally Sc
cure License to Marry-Other In.
teresting Opinions Are Given.

me annual report OF Attorney-Gen-
erai John Garland Pollard to the Gov
crnor was received from the Public
aa a1hter yesterday. 1t is volume OF
showing the stages reached by many
cases In which the Commonwealth q,
virginia Is party, pending November
| l. 1914.
The Attorney General adds a mum.
| Der OF opinions given by him on ou..
tons OF public Importance. as well as ..
statement OF the expenditures of tho
once Tor the year ended October al
1914. 90
DEALS WITH RIGHT OF
PARoLED CONVICT TO MARRY
Among the opinions given is one
u ,s win case without precedent
| IN this state. An eX-convict, who wa,
| iiVing outside the bonds Of wedIock
with woman, desired TO marry her
he applied Tor marriage license and
Was refused On the ground that his
disabilities had not been removed. I'm,
/ he was out on parole and NOT ou,,iacJ
20 enter Into valid contract Of any
KIND. Appeal was made to the courts
ana the case was submitted to the At
torney-Generai for an opinion. On tho
opinion rendered, the marriage license
was issued.
Replying TO the Governors question,
In this case. Mr.. Pollard said
IL Is well established at common
N.'e>N SShHltkcu IcIOn ~ ClStlly
dead. but he is only to be regarded az
dead sub modo. Thus. while he can
enforce no contract. he may make valid
contracts with those whose consciences
oia them to fulnll their engagements
Am and Eng. Encyc. OF Law, I'd ed
p 65. ~ co.
On authority Of Kynnaird VS.. Les
lie. Il Law Times Reports. u. 75s (,
seems clear that there Is nothing IN
tne common law to prevent a convict
| on phroic from marrying. and there is
certainly no statute In Virginia against
the same.
would hold. therefore. that II
would be proper and not against the
ia" Tor the party referred to in your
letter to marry the woman with whom
he is living"
, GOVERNOR HAS RIGHT
TO CHANGE HIS MIND
Another interesting opinion OF tho
Attorney General concerns the Cover
nors right to erase his signature after
having approved bin, before the bill
| ~ returned to the Legislature. This
opinion was given at the request OF tho
Governor. The Attorney General saws
"A Dill la passed by both branches
or the General Assembly and presented
70 the Governor for his approval The
Governor signs the bill: but while the
| same Is In his possession. and dur.
Ing the Ave days allowed him by tho
constitution for the consideration or
bills. he reaches the conclusion that the
Dill ought to BIO voted Question: Il
the Governor. under these circum
stances. at liberty to erase his sigma
! ture and return the bill with his vetoo
Upon investigation OF the authori-
ties. find that similar questions have
arisen in other States: and while the
| reported opinions disclose some differ
ences or opinion. yet the weight OF
authority liz to the effect that the court
In such cases. will respect and he
guided by the final act Of the eSccu-
tive: and II the bill Is returned with
veto. and the legislative record dis
closes that fact. the courts will not
permit such record to be questioned"