The weekly soliphone., 1915-07-09
THE WEEKLY so1pHoNE pARAeou1D ARK FRIDAY

state accepted the measure as vetoed and therefore, peced not to include it in the list of laws enacted by the Legislature which, according to the requirements of Act Mo- g. had to appear in printed form in every county of the state not than ninety days after the last sad rites pronounced over the expiring form of the 1914-15 general assembly, Believing that the Governor did not have right to change his mind four times dur ing any single day. Ga most absurd assumpon), advo- cates of the gambling bill filed proceedings in the Pu- lask county circuit court to compel the secretary of state to include the gambling bill in the published acts At the time these proceedings filed the acts had been published The lower court denied the petition |whereupon the transferred to the supreme court and went before that body appeal from the Pulaski circuit court.
 New evidence is not permitted to be introduced in Ithe supreme court That tribunal is merely court of review. The judges act safeguard to the rights of
 gants whose interests may not have been sufficiently cared for in the lower court They correct erors and render decisions merely upon testimony adduced at the ]original trial.
 When the Hot Springs racing bill was contested in circuit court the secretary of state had published the acts of the legislature Between the time the low CT courts opinion given, and the decision of the preme court the acts published and the measure laeged to have been vetoed by the Governor not included The supreme court holds that since the relief sought cannot be given opinion to the merits |of the controversy is immateral, and such is denied Justice Wood, in dissenting, says:
 C" do not concur in the view that it is impossible Ito grant the relief sought by the plaintiff. Notwh- standng the acts of 1915 have already been published the secretary of state by mandamus be compelled to publish the act under review enactment of 1915 if such the The appellant has shown sufficient interest in the publication of this if it be law, to entte it to such publication" Continuing however Justice Wood expresses the belief that the act vetoed by Gov. Hays. He says: l Co ur@bo tO Tho eras,res shows that it 'disapproved and vetoed March 8th 1915 at o'clock D. m. Such is the endorse ment upon the bill signed by the Governor, and the en-
 tries upon the journal of the House of Representatives show that the Governor March g. 1915, returned the measure to the house with message showing his ob- ectons thereto which entered at large upon the journal of the House. It thus appears from the journal of the House of Representatives that the under review was vetoed in conformity with Art 6 Sec 16 of the Constitution It therefore did not become law and the secretary of state be compelled to publish the same law.
 "Ora testimony cannot be received to contradict the solemn records of the House of Representatives showing that the measure under consideration was Ve toed In other words oral testimony cannot be admitted Ito show that law passed notwithstanding the en-
 tries on the journal of the House showing that same was vetoed and that it did not become law
 The substance of Justice Woods opinion is that the findings of the Pulaski circuit court should have been affirmed and the only difference in effect between the belief of Judge Wood and his associates on the bench av in the fact that the former expressed positive Opl ion while others did not The fact that the acts of 1915 were published during the interim between the filing of mandamus proceedings and the supreme courts opinion according to Justice Wood has absolutely nothing to io with the merits of the case If the Racing Bill became law it was incumbent upon the secretary of state to pub fish same if it did not become law it should not have been published. The supreme court opinion, III effect establishes rule that the secretary of state person ally decide whether conroverted act is not law and no power within the state he usurps his hority If onehaf the acts of the legislature had been that the Hot Springs Rac-