Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1921-04-20
r SLATURE WILL
NOT BE CALLED BACK
Supreme Court Holds That Bills
Signed After Adjournment
Are Valid

The Vermont Legislature will not
be called back to repass certain bills
that were not presented to Governor
Hartness within three days and after
the session adjourned. The bills as
passed, presented and signed are valid
by decisions of the Supreme Court
handed down April 18th.
"Thers is no provisions of the Con-
stitution," says the decision, restrict
ing the power OF the governor to ap-
prove bills after adjournment of the
Legislature, except that he is limited
to the period Of five days Sundays
excepted) after the bill has been pre-
scented to him. No such provision is
needed to make the plan Of executive
revision complete"
The courts opinion is a document of
twenty typewriter sheets. It relates
that the governor of the State has
brought petition for writ of man
damus (James Hartness VS. Harry A.
Black) directing the secretary of state
to cause certain acts of the General
Assembly of 1921 to be engrossed and
published as required by law. A letter
of Secretary of State Black to Gov
ernor Hardness is quoted in which the
Secretary declines to publish and pro-
mulgate as laws 80 bills passed by the
Legislature and presented to the gov
ernor the last three days of the ses-
sion and the day following adjourn
ment, which bills were signed by
the governor.
1t is related that the Legislature
adjourned March 81, 1921. 1t appears
that 27 bills were presented to the
governor March 20, and signed April
1; 43 were presented March 80, and
five cd
March 81, of which four were signed
April 1 and one April s; four were
presented April 1, (the day after adj
journment) one of which was signed
the same day and the other three on
April 5; and one Is 3O) was pre-
sented March 80 and signed April 6.
ct will be SEEM" says the court,
chat there are three classes of bills
presenting as many separate questions
viz: CD Does bill which has been
presented to the governor within three
days before final adjournment and ap-
proved by him after such adjourn
ment and within five days after pre-
sentation thereby become law? (2)
Does bill which has been presented
to. the governor the next day after
final adjournment and approved by
him within five days thereafter there
by become law? (3) Does bill which
has been presented to the governor
within three days before final adj
journment and approved by him more
than five days after such presentation
become a law? The answers to these
inquiries depend upon the interpre-
tation to be given to the constitution
al provisions relating to the approval
of bills. Chapter 2, section II of the
Constitution provides:
Every bill which shall have passed
the Senate and House of Representa-
tives shall, before it becomes law,
be presented to the governor; if he
approves, he shall sign it; if not, he
Ishall return it, with his objections
in writing, to the House in which
it originated; which shall proceed to
reconsider it. If upon reconsidera-
ton, two thirds of the members pres
ent of that House shall pass the
bill, it shall, together with the OBJ
iections, be sent to the other House,
by which it shall likewise be recon
sidered, and, if approved by two
thirds of the members present of that
House, it shall become a law.
"But, in all such cases, the vote of
both Houses shall be taken by yeas
and nays, and the names TO the per-
sons voting for or against the bill
shall be entered on the Journal of
each House respectively If any bill
shall not be returned by the governor,
as aforesaid, within five days (Sun-
days eXcepted) after it shall have been
presented to him, the same shall be-
come law in like manner as if he
had signed it; unless the two houses
by their adjournment, within three
days after the presentation of such
bill shall prevent it's return, in which
case it shall not become law"
in described as $50, to be engrossed
and promulgated as public acts, in ac-
cordance with the statutes in such
case made and provided. Let neither
party recover costs.
za,-l
Judgment that a mandamus issue
directed to the said Harry A. Back,
as secretary of State, commanding
him to cause the several acts of the
General Assembly listed and described
in the petition, except the act there