The Barre daily times. (Barre, Vt.) 1897-1959, 1921-04-06
Case to Be Brought Before
Vermont Supreme Court
Thursday
GOVERNOR SIGNED
AFTER SESsION END
State Treasur Sand AUDI
tor Refuse .NPay Money!
I.eSer Acts Y

The doubt regarding the legality of
the act of Gov. Hartness in signing
many bills after the final adjourn
ment of the Vermont legislature, and
along with that doubt the question
whether special session will have to
be called to re-enact the bills, is to he
taken up before a special term of the
Vermont supreme court converting at
Montpelier Thursday afternoon. Chief
Justice John II. Watson announced
last night the calling of the special
term of the court.
An announcement was also made at
Gov. Hartness' office that a petition
was besRg brought against Secretary
of StstS Harry A. Black, requesting
that he be directed to promulgate the
acts signed by Gov Hartness since the
adjournment of the legislature About
30 bills and resolutions came to the
executive office during the last days
of the legislature and the day follow
| ing adjournment,
Hale X. Darling of Chelsea and Wade
Reyes of Reading, both of whom are
members of the House, viii look after
the interests of the petition, while G.
L. Hunt of Montpelier and John NJ
Avery, also of Montpelier, it was stated
last evening, would oppose the man
damus proceedings.
At first it was thought that some
action might be taken against State
Auditor Benjamin Gates for his refusal
to pay moneys on some of the special
sppropriat ions made by the legislature
on acts which have been signed since
final adjournment of the legislature;
but this procedure would not have Gov
cred all the points at issue, so it was
thought best to bring the petition
against the secretary of state, the Off
cial who pEomulgates the acts. The
secretary of state cannot promulgate
the acts until he is certain that they
are legally enacted. By taking this
procedure against the secretary of
state the test would include acts, which
went to Gov. Hartness after April |,
after final adjournment. and which he
could not have signed before final ad
journment
Members of the legal profession are
working on the matter although they
will not appear in the proceedings
They do not agree as to the interpre-
tation of the constitution bearing on
the matter
Auditor Gates declared yesterday
that he would decline to issue his war
rant for moneys called for in special
appropriations until the validity of the
acts had been established. taking the
ground that there was too much in
volved, including the legality of the
direct state tax, the budget and spe-
cial appropriations for highways. both
state and town. State Treasurer Wal
ter Scott seemed to feel the same about
Black declared he could not assert
these bills were acts of the legislature
until their validity was known.
II the supreme court should decide
in favor of the petitioners the deci-
sion would obviate the necessity of
,alling a special session of the legis-
ature. which would be quite expen-
,ive TO the state. In the event of
lecision against the petitioners the spe,
nal session would have to resnact all
he bills which were signed by Gov
,rnof Hartness after final adjournment
If the legislature.
1t will be recalled that Governor
1artness, on the day before final adj
5nrment. informed the legislature that
le was going 10 veto House bill lS9.
elating TO limiting of campaign eN-
,enses. and the legislature decided not
o wait and so took adjournment the
day. which was Thursday,
iarch 81. Governor Hartness an
iounced last night that he had not
igned the House bill ls9.
There is the usual amount Of dis
ussion over the validity of the acts
igned after the final adjournment of
he legislature. and the discussion viii
ontinue, in all probability, until the
upreme court had passed on the mat
pr Supreme court meets at . o'clock
thursday afternoon.
Bills Recently Signed by Governor.
A new list Of bills just signed by
Governor Hartncss are as follows:
H.. 2. An act to amend section 467t
( the general laws a. amended by sec
on Of No - Of the acts of 1919 re-
ting to motor trucks.
II. gS. An act in amendment Of and
addition 10 certain sections Of the
sneral laws relating to the training of
'achers
r. l4l An act to prohibit the man
facture. sale. transportation. posses
on end beverage use of intoxicating
lunr. and to repeal certain sections
the general laws relating thereto.
II. Dos An act 10 amend sections
3 and 500 Of the general laws relating
disposal Of cattle condemned as tu 4
rculous
II. 35l. An act 10 amend sections I
n 2 of No. lO6 Of the acts Of 1919.
aking an appropriation for co-opers
se extension work in agriculture and
me economies in rural communities
rough the county farm bureau asso-
itions
IT. 403 An act 10 make uniform the
p Of sales Of goods.
II 400 An act % provide for psy
sut of tuition II students az Lyu-
p institute
Bill, Not Signed By the Governor.
: 20 An act 70 provide for the
sintenanoe by the state % = bridge
the towns ~ Milton and Colches-
r. l5i Al - relating % rebates
iusu-nucs premiums.
r. iSL An sct to appropriate the