Evening journal., 1921-05-02
NO VETO POWER
FOR GOVERNOR?
(eontinued from first pagel

Continued from first page)
definite light on it until he had given
it careful consideration.
Among the measures affected by
the situation is the prisoners parole
bill. which the Governor has not
signed. 1t is said he plans returning
this measure with his veto when the
two houses convene week from
today.
Article 3. section 1s OF the state
Constitution, relating to the signing
Of bills, provides;
If any bill shall not be returned
by the governor within ten days,
Sundays excepted, after it shall have
been presented to him, the same
shall be a law in like manner as II
he had signed it, unless the General
Assembly shall, by adjournment pre-
vent its return, in which case il
shall not become a law without the
approval Of the Governor. No bill
shall become a law after final ad-
journment of the General Assembly
unless approved by the Governor
within thirty days after such ad-
journment."
Persons familiar with legislative
procedure today said there was not
much doubt in their minds about the
situation affecting legislation. They
pointed out that the Governor. by
reason OF the Legislature adjourning|
or "recessing" from March 20 to
May 0, is prevented from returning
measures signed or vetoed by him to-
the Legislature until May 9. 1t will
be observed that the constitution
makes a distinction between "ad-
journment" and final adjournment"
The former term adjournment can
be applied to the present situation, it
is contended, even though it also may
be termed a recess. while final ad-
journment' cannot be taken before
May 9 at least
Persons advancing this argument
contend that the use Of the words
final adjournment" as distinguished
from adjournment shows the
trainers Of the Constitution probably
had in mind a situation such as the
present one. when the Legislature
might recess" or adjourn for more
than ten days during the session and
return later to consider more busi-
ness and then adjourn sine die or
final adjournment"
Should the ten-day rule apply, til
bills not signed by the Governor,
with the idea of vetoing them, auto
matically would become a law thus
raaIIxr donrfx-fp~ tba q Cc,ror,,r 80 ~,
veto power.
This question has annoyed the
Legislators for several years follow
ing each session Of the Legislature.
During the recent session Senator
Asa Bennett advocated a recess Of
ten days after the two houses had
finished their work. This would
have made It necessary for the gov
ernor to either approve. by signing
or return, every bill turned over to
him 10y the Assembly. and would
have eliminated the question OF le-
gality that now entangles every bill
/ not signed by the Governor within
\ ten days of the Legislature recess
J ing.
A somewhat similar situation
arose at the last special session Of
/ the Legislature. it was learned to-
day. Senator Robertson had intro
I duced a bill relative to taxation In
Wilmington. The measure wa s
1 passed and sent to Governor Town
send. Then the Legislature ad-
journed 20 a later date. Ten days
elapsed and 1t was contended that
inasmuch as the Governor had not
signed the act, it automatically had
/ become a law. because the governor
had not returned the measure to the
/ Legislature with his veto. The Gov
ernor. however. contended that he
had been prevented from returning
the act because the Legislature was
| in recess.
As the Governors opposition to
the measure was confined to only
one detail. Senator Robertson in
troduced a new bill omitting the
provisions objected TO by the Gov
ernor This was passed and receiv-
ed the Governors approval. Thus
the real question was left undecid-
ed.