The weekly soliphone., 1915-05-14
PAGE IS PLANNING
ATTACK ON VETO
Commissioner of Agriculture Will
Probably Bring Suit To Test
Action of Gov. Hays.

SlOner or Agriculture JOnu III rage
is contemplating suit to attack
the validity of Gov. Hays right to
veto items In the general appro-
priation bills passed by the last leg
islature, according to announcement
Just made by Mr.. Page himself.
Commissioner Page and heads OF
other departments of the state gov
arnment who feel the effect of the
Governors pruning knife, have the
matter under consideration at this
time.
Should Mr.. Page and other Of
ficials take their grievances into
the court, they will back their
suit on the charge that governor
has no right to cut an approprla-
ton bill after the legislature has
no opportunity to pass the appro-
priation over the governors Veto
Their hopes are based upon de-
]; cision of the West Virginia Su-
preme court, ruling on a case on
a vetoed appropriation. The West
Virginia constitution, relative to
the governors vetoing power, is
similar to the Arkansas constitu-
tion.
The West Virginia Supreme tri-
bunal held that appropriation bills,
If items are vetoed, must be acted
upon by the governor and returned
to the house in which they orig
mated in time for the legislature
to pass them over the governors
head, if the legislature so elects.
THAT was the construction placed
on the West Virginia constitution
by the supreme court Of that state.
The Arkansas constitution diff
fers slightly from the West Virgin
in constitution, however.
The West Virginia constitution
provides that vetoed appropriation
bills must be returned to the legis-
lature, and that if the legislature
fails 10 pass the bill over the gov
ernor's veto, the vetoed measure is
void. The Arkansas constitution
provides that appropriations vetoed
~ the governor are void unless re-
passed by the legislature, but does
not say that the bill must be re-
turned to the house of the legisla-
ture in which it originated.
Charles Reid of the law firm of
Mehaffy, Reid and Mehaffy. has
been consulted by Mr.. Page.
81 will not bring the suit alone,
said Mr.. Page" but if other state
officials of institutions which lost
by the governors vetoing of items
in their appropriation bill will CO.
operate with me, the suit will be
brought. Attorneys now are inves-
tigating the legal status Of the ,af-
fair. The custom of the governor
of West Virginia vetoing items in
the appropriations bill the same as
Arkansas governors have done. was
broken up by the West Virginia
SupTemeu court ucCiSiOh.
"The people of the state must ev-
identity intend that the sovereign
will-the legislature-should have
the ultimate power In the general
expenditure Of the public revenue"
says the decision Of the court OF
West Virginia. They have so ex-
L. Px,v
s.pact of the government. They pro-
vide, 1t Is true, check upon legis-
lative action In this particular by
ordering that the governor can dis
approve general appropriations and
express such disapproval to the leg
islature.
"It was so ordered that the ex-
ecutive, versed in statecraft, should
advise or reason against the gener-
al expenditure OF the public money
or any item thereof. But the very
language Of the constitution in this
regard can mean nothing but that,
after such reasons against an ap-
preparation are communicated to
the legislature by the governor
Mat legislature, the sovereign body,
still has the will to expend the pub
lie money, Notwithstanding the ex-
pressed opinion Of the executive
head of the state. The people have
reserved unto themselves by their
nsSny representatives, embodying
the combined and versatile intelli-
gence of the masses. the last words
of the policy and propriety OF pub
lie expenditures. Such idea is most
consistent with the republican form
of government.
But the people never intended,
and it is not so expressed, that the
intelligence or will Of any man in
n maftar sn vital and varied as the