The Bridgeport times and evening farmer., 1921-06-25
BELIEVE BREACH WIDENED BY BILL
(Continued from Page one)


 the General Assembly,. by their ad- journmeut, prevents it's return, in which case it shall not be a law
 Tt will be seen from the foregoing section of the constitution that a
 measure will become a law, unless
 returned by the governor to the Gen. eral Assembly within three days after
 :t was presented to the governor, with
 his reasons for yetoing it, unless the Legislature adjourns. It is stated that
 she legal advisers of the Tax Commis-
 sioner are of the opinion that the
 governor had no constitutional au-
 thority to sign the bill after the ris- ing of the General Assembly and in particular after more than three days had elapsed from the time of ad- journment"
 A local lawyer t1 discussing the matter with a Tires reported today said: ''The Supreme Court will prob ably sustain this Act, if the question is raised in any proceedings before that body. The courts will always sustain a legislative act, unless 1t is clearly and manifestly in violation of some constitutional provision. Fur thermore a declaration from the courts that all the legislation ap- proved by the governor more than three days after the adjournment or the General Assembly is unconshtu- tiona1 would create most complex and disturbing situation, which the courts would avoid, if possible Large appropriation bills would be rendered void by such a judgment from the court. In my opinion, however, the matter is not entirely free from doubt
 'aThe State constitution provides that while the Legislature is in ses, sion, the governor must return pm to the General Assembly within three days Sundays excepted, after It snail have been presented to him, with his reasons for disapproVal or It snail become a law. He is given three days in which to act.
 s'Some few years ago, a. case arose in Norwalk and was taken to the Su, preme Court in which the court had to construe the meaning of the eA- pression in the constitution ~ Inree davs" Irl that case the Legislature had taken a recess for five days ana it was impossible for the governor to return the bill to the Leg1slahure within three calendar days because because The Court held that the term three days meant three legislative dayS that is three days on when the LeS- isIature was ia session
 way involve the question or the duty or authority of the governor after the adjournment of the Legislature inc question before the Court at that time ,,resented a state of facts which show ed that the Legislature had slmply taken a recess. The constitution pro vides that if the General Assembly by it's adjournment prevents the re. tI,rn of d bill to it, the bill shall nos become a law unless approved by the governor. .,
 'The question of the right of the eovernor- after the rising of the General Assembly, has not been pre- sented to the courts of this state; IL has been, however, in courts or other states The Supreme court or the United States does not seem to nave passed upon the question Of the pow, CT of the President to approve a plIl efter the adjournment of Congress. cse provisions of the Federal con ution upon this point are nke "nsse of our state constitution, eH- ept that the time limited IS ten days instead of three days
 :aThe Presidents have made 1t practice to sign all bills, which met finally adjourned. President W1f~ son was advised, however, by Attof~ ney General Palmer that there was no constitutional prohibitio5: against Congress adjouthed. There was no intimation. however, that the Presi- dent could sign it more than ten days after Congress adjourned
 ''President Wilson signed large | number of measures after Congress ended it's session but all of them with | In the ten days limited. In the State | courts. the great weight of authority | is that the governor can sign after | the adjournment of the Legislature. |
  instance will be found where the | governor signed after the time limited | in the constitution Fifteen days have | elapsed since our General Assembly | 
 "If the governor can take fifteen days to act upon a measure, he can as consistently take fifteen weeks or fifteen months. Governor Lake is quoted as saying that he has been ad- vised, that he has until a minute be- ! &l,o of TRr n affix his approval to any measure which has passed the General Assem- bly,. If this is sound law under our it certainly might lead must be borne in mind that after the | of the General Assem- bly,, if the governor does not sign a it does not become a law.
 eff Governor Lake is correct in his | that he can hold for an period a measure which has passed the General Assembly and at any time during his term of office sign it and make it a law, it would certainly render uncertain what the laws of the State are
 ''The insertion of time limit in the constitution in which the execu- tive should act was chiefly for the purpose of making definite when a measure became a law, so that there would be no uncertainty as to what
 
 he General Assembly creating new form of taxation or declaring certain conduct to be a criminal offense.
 'If the governor has the power at | any time during the next year and a | half of his term to make measure a law by putting his signature to it, | the public would be uncertain as to | what might be taxable and as to | what might be made a crime Some | measures passed by the General As se1nbfy have in them a provision that | hey shall become law on a certain | late. If the governor should with hold his signature from such law lntil after the time expired for the | Act becoming effective, another ser ous difficulty would arise. It was not the intention of the rramers of the constitution to create any such situation"
 'Whether Tax Commissioner Con- nor will contest the matter is un- If he does, he might pos sibfy start some proceedings at the present time to enjoin the state off cers from incorporating this Act in the certified legislation of the Gener- Ill., ,rrk,N