Newark post. (Newark, Del.) 1910-1969, 1921-05-04
Doubt Hangs Over
Important Bills


The fate of numerous important !
bills passed by the recent session of
the Legislature hangs in doubt, pend
ing the final settlement. of the ques
ton as to whether the General Assem- |
bly, has adjourned or is still in ses-
sion.
Among these measures is the parole
bill, which the governor has not as
yet signed 1t is understood that he
plans returning this measure with his
veto when the two houses convene a
week from today.
1t is understood that the governor
and his advisors take the position that
the Legislature has not adjourned, but
merely "recessed' until May 8. If
this contention is correct, the COVER
nor is required by the constitution to
return within ten days after meas
ure is presented to him, any bill meet
ing with his disapproval. If he does
not do this, it automatically becomes
law without his signature.
In the case of the parole bill and
other measures which the governor
has not signed, it is believed that he
takes the stand that the Legislature
by "recess" has prevented their re-
turn, and consequently these bills cam
not become law without his signature.
Should he veto any bill now in his
hands, he is required to return the
same to the Legislature next week,
and the body may then pass the mea-
sure over his veto.
Article 3, section IS of the State
Constitution, relating to the signing
of bills, provides:
eff any bill shall not be returned by
the governor within ten days, Sundays
excepted, after it shall have been pre-
scented to him, the same shall be a
law in like manner as if he had sign
ed it, unless the General Assembly
shall, by adjournment, prevent its re-
turn, in which case it shall not become
"a law without the approval of the
Governor. No bill shall become law
after final adjournment of the Cen
eral Assembly, unless approved by
the Governor within thirty days after
such adjournment"
This question has annoyed the Leg
islature for several years following
each session of the Legislature. Dur
ing the recent session Senator Asa
Bennett advocated a recess of ten
days after the two houses had finish
ed their work. This would have made
it necessary for the governor to either
approve, by signing or return, every
bill turned over to him by the Assem-
bly,, and would have eliminated the
question of legality that now entan-
giles every bill not signed promptly
by the governor.
One of the Governors supporters,
resident of Wilmington, in discussing
the question, remarked that possibly
the "acid test would be the form and
text of the resolution by which the,
Legislature ceased it's sessions until
May g." and "the very pertinent ques-
ton that, if certain members We're to
insist that the legislature had adj
journed then it, could not resume SEES
sion on May without call to an ex-
ira session made by the Governor"
Thus, if it should be construed the
legislature has already adjourned,
whatever action it may take on May
9 would be unconstitutional, unless the
Governor should exercise his author
ity under Article 3, Section 16, which
states that che may on extraordinary
occasions convene the General Assem-
bly, by proclamation"
i. Or, if it should be construed the
legislature has merely recessed"
then the governor has 30 days from
date of actual adjournment in which
to approve measures before him, or |
let them die.-Morning News.