Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-03-20
The Women's Refermatory Bill

which was recently enacted and sent
to Governor Curtis for approval.
The question as to whether. under
this bill, all acts Of the Board Of Trus-
tees of that institution shall be sub
;ect to the approval Of he Governor
and Council" is of but minor interest
compared with the larger question Of,
the right Of the House. without the
concurrence Of the Senate. to recall
from the Governor for the purpose OF
amendment a completely enacted bill
which has been duly signed by the
Speaker Of the House and the Pres
ident Of the Senate.
It is asserted that Senator Murphy
was acting as the mouthpiece Of Gov
ernor Curtis in his unsuccessful effort
OF Thursday to induce the Senate to
vote to recall this bill for the purpose
OF amending /, as above stated. A
careful reading Of the bill fails to dis
close the necessity for any such
amendment. AS Senator Allen clearly
pointed out. the bill as It stands clothes
the Governor and Council with suti-
cient authority in the premises. The
trustees are to be appointed by the
Governor and Council and the pur-
chase Of site for the Reformasory is
subject TO the approval Of that body.
t. - 10,
nor and Council would select Board
OF Trustees OF sufficient honesty and
ability to manage the affairs of this
institution without making their every
act subject TO the approval Of the
Governor and Council"
Be this as It may, the question Of
real interest is as to the power of the
House Of Representative Of its own
initiative. and without the concurrent
action of the Senate, TO recall the bill
from the Governor. reconsider its ac-
ton in passing it to be enacted, adopt
the amendment. and re-enact the bill
The senate on Thursday last, refus-
ed to recall the bill. whereupon the
Executive department appealed with
confidence to the Democratic House
leaders, with the result that the House
by a strictly party vote passed, and
refused to reconsider, the. following
order:
Ordered, that a message be sent to
His Excellency, the Governor. request
ing him to return to the House An
Act entitled An Act to establish a
refor1natory for women for its fur
Their consideration"
II is seriously questionable whether
any amendment adopted by the House
pursuant to this order would have any
legal validity. If not, then notwith-
standing any efforts of the House to
amend the bill. it will become a law
(subject Of course to the 90 day pro-
vision Of the Referendum) after five
days from the time it was sent to
Governor Curtis. In other words the
Governor must do one Of three things:
/. Approve the bill in its present
form.
2. Veto it within the constitutional
five-day period.
5. Let it become a law by lapse of
time without his signature.
The Congressional precedents are
opposed to the contention Of the DEM
ocratic House leaders. In 1902 at the
first session of the 57th Congress, a
ruling was made in the United States
Senate to the effect that 1t was not
competent for that body to reconsid-
er and amend a bill that had receiv.
ed the signature Of the presiding Off.
GERS of the two houses; and that the
only way to secure such an amend
ment was by the introduction Of a
new bill for that purpose. This ruling.
however, seems to be opposed to the
practice which had existed prior to
that time under which bills were not
infrequently recalled from the Presi-
dent and amended.
So far as we have examined these
presidents, however. they show that
in all cases the order for the recall Of
the bill always originated In the
branch in which the bill originated,
and was passed concurrently in both
branches Of Congress. whereas the
Democratic leaders Of the Maine
House are asserting the right Of that
body to recall. reconsider and amend,
a completely enacted bill originating
in the Senate. which has been sent to
the Governor. without concurrent &C
ton on the part Of the Senate Neith-
er the Joint rules Of the Maine House
and Senate. the rules Of the House, |
Reeds Rules, or cushing's Law and
Practice Of Legislative Assemblies.
sanction such procedure. and the Con-
gressional precedents. as We have said, |
are opposed to 1t.
Furthermore, the minority can cas- |
lily block this extraordinary proceed
ure. Even assuming the House to pos. |