New Britain herald., 1929-07-26

become laws, resulting in serious constitution limits the time within which the Governor may give valid ity to bill by signing it to a period of five days Sundays excepted) from the time it is presented to him." Note 37 L. R. A. 39.
 In Constitutional Convention
 The reading of the debates of the Connecticut Constitutional Conven- tion of 1902 page 22S3 ct seq. fairly indicates that neither that body nor the eminent lawyers and distinguish ed publicists among its membership entertained the idea that the Cover nor had power to sign bills more than three days Sundays excepted) after the final adjournment of the General Assembly. It is interesting to note that Attorney GeneraI Phelps failed in his attempt to substitute for days" in this provision legisla- tive days. Later this court by its construction gave to days" in the case then before it the meaning leg islative days. State vs. South Nor walk, TT Conn. 257. As the debate progressed Delegate Brown of Nor wich offered a motion originally suggested by Governor Waller and approved by Delegate Lewis Sperry, substituting ten days for three days in the provision now under discus sion. The definitely expressed reason given for this action was to give the Governor time to pass on bills re- turned to him before or at the time of the final adjournment.
 In State V. South Norwalk, IT Conn. 257, bill which originated in the House was passed by the General Assembly and returned to the Gov ernor. The House adjourned for more than three calendar days (Sun- days eXcepted) after it's presentation to the Governor, so that he was un- able to return it within three calen- dar days. Under these conditions we held that the term "three days" as used in Section 12 of Article Fourth of the constitution must be read with due reference to the con- text and "cannot have been employ cd to denote in all cases three cal endar days" but means "three days during each of which there is an op- portunity to return a bill to the house in which it originated while in actual session." Three legislative days might necessarily mean a peri od longer than three calendar days, but must include the three calendar days. The General Assembly by it's final adjournment ended all legisla- tive days but it left a part of the three legislative days operative, namely the three calendar days. Un- der the construction outlined the in- tention of the framers of this sec ton will be carried out and the vio- latlon of constitutional principle avoided by requiring that bills pre- sented to the Governor may not be signed by him more than three days, Sundays excepted, after the final ad- journment of the General Assembly.
 Grave Abuse Might Arise
 We leave the discussion of the con- stltutlonal point involved with brief presentation of two considera- tlons which are of most serious im- port. If the Governor has power un- der the constitution to determine the precise moment when each and every Act, returned to him and un- signed by him within three days of the final adjournment of the Gener- al Assembly, shall become effective as law, grave public abuse might follow the possession and use of this extraordinary power.
 From 1850 down to the present time the General Assembly fias des- lgnated the day when public acts shall not become laws. Its power so to act has never been, as far as we can discover, publicly challenged. If the Governor can determine by his won will when public acts shall be- come laws his will will override the long-eXercised power of the General Assembly. Their exercise since 1850 of this power is compellinglv sug- gestlve of legislative construction as denying to the Governor the DOW CT to sign Acts of the Legislature at any time at his discretion and as ccnStruing the constitution as deny- ing him the right to sign Legislative acts more than three days after the adjournment of the General Assem- bly,. The construction accorded this provision of the constitution, in conformity with the long settled practice of the executive and legis- latlve departments of our govern ment, is not only convincingly per suasive, but almost controlling upon the construction to be given the same constitutional provision by the judi cial department
 Acts Arc Void
 We have thus considered the chief arguments in favor of the construc. ton giving to the Governor the power to sign bills presented to him after the three day period, and those opposed to according him this power. We recognize the gravity of the public situation if the Governor IS denied this power, but we are obliged to hold, for the reasons stat. ed, that acts signed after the three day period, whether public or pri. vate, are void.
 The burden imposed upon the Governor of having very consider. able percentage of all bills passed a, : the session of the General Assembly returned to him after its final ad. lournment-many of these the most Z important of the session-literally
 prevents his fair consideration oj the merits of this mass of legislation l within the constitutional tIree da, l period. If he sign all of these bills the people may be deprived of the overnor's considered view of these l measures and the constitutiona check upon nasty, ill-considered anc publicly inimical legislation removed by the pressure of the burden placed upon the Governor. On the othel e hand, bills which the Governor doe. = not sign, however meritorious the,