126. Passage

of Bills.

or by title.

An occasional provision is found for reading after passage, as that the title shall be publicly read."

In Pennsylvania no bill may be considered unless printed for the use of members. In New York bills may not be passed or become laws unless printed and upon the desks of the members in final form at least three calendar legislative days prior to final passage. There are a number of other slightly variant provisions for printing."

8

In more than half the states the affirmative vote of a majority of all the members of each house is required for the passage of an act. Others say simply a majority of each house? or a majority of the members present. New Jersey requires that there shall be a majority "of all the members of each body personally present and agreeing thereto." In Mississippi2 appropriation and revenue bills are to have precedence over all others.3

A few constitutions place time limitations on the passage of bills for instance that they must not be passed on the day prescribed for adjournment or that appropriation bills must pass and receive the signatures of the presiding officers "five full days" before adjournment."

A number of states require the yeas and nays or "the names of those voting" on final passage to be entered in the

1e. g., See Ala. IV, 63; Fla. III, 17; N. D. II, 63; S. C. III, 18.
2Mont. V, 27; other examples,-Ky. 56; Miss. IV, 59.

3III, 2.

4III, 15.

"Cal. IV. 15: Colo. V, 20: Ida. III, 15: III. IV, 13; Ky. 46; Md. III, 27; Mich. IV, 22; Mo. IV, 27; Mont. V, 22; Nebr. III, 11; N. M. IV, 15; N. Y. III, 15: Pa. III, 2; Va. IV, 50; Wyo. III, 23. For exceptions see N. M. and Va. clauses.

e. g., N. Y. III, 15.

e. g., Ala. IV, 63.

se. g., Fla. III, 17.

IV, Sec. IV, 6.

For taxation

1Special requirements are sometimes found concerning appropriation bills.e. g., Ark. V. 31: Ky. 46: Mich. V, 24; N. Y. III. 20; Va. IV, 50. bills.-e. g., Miss. IV, 70; N. C. II. 14; Ark. V, 31. For bills extending the credit of the state,-e. g., N. Y. III, 25; N. C. II, 14. ing public property,-e. g., Iowa III, 31; Miss. IV, 66; 2IV, 68.

"Legislation by unanimity was

For certain bills affectN. Y. III, 20.

tried in the kingdom of Poland, where each member of the assembly had the right of liberum veto on any measure, and it prevented progress, fostered violence, and spelled failure."-Lowell, A. L., Public Opinion and Popular Government, p. 7.

Minn. IV, 22.

"La. 57.

journal. Two constitutions make provision concerning the reconsideration of final votes."

Engrossment

of Acts.

The constitution of New Mexicos expressly provides that an 127. act must be enrolled or endorsed immediately after passage and Signing and interlineations or erasures are not to be effective unless certified thereto in express terms by the presiding officers of each house, quoting the words, and unless they are publicly announced in each house and entered on the journals. This state," furthermore, makes it a felony to tamper with bills pending or passed. In South Carolina1 no bill can have the force of law until to it is affixed the great seal of the state.

In about two-thirds of the states the presiding officer of each house is required by the constitution to sign all bills, often in the presence of the house or in open session. In several states the signing must take place immediately after reading. In a number of states the fact of signing must be recorded on the journal.

The

Veto Power.

In every state except North Carolina bills before becoming 128. law must be submitted to the governor for approval or rejec- Governor's tion. Several constitutions specify the promptness with which a bill must be presented-varying from "immediately" after signing to "within two days" after passage. In Indiana no bill may be presented within two days next previous to final adjournment. There are a few regulations concerning the signing of bills by the governor, for instance, that it must be done. in the presence of the presiding officer or chief clerk of each house or that, if signed, it must be deposited with the secretary of state."

e. g., Minn. IV. 13; N. Y. III, 15; Ga. (III, Sec. VII. 21) requires the yeas and nays to be entered whenever the constitution requires a two-thirds vote for passage.

In Mo. (IV, 35) a motion to reconsider after the defeat of a bill must be taken immediately and the subject finally disposed of before proceeding to other business. In Miss. (IV, 65) all votes on final passage of any measure are subject to reconsideration for at least one whole legislative day and no motion to reconsider may be disposed of adversely on the day the original vote is taken, except on the last day of session.

IV, 20.

IV, 21.

1III, 18. See also Md. II, 17, III, 30.

2e. g., Ala. IV, 66; Pa. III, 9; Ky. 56; Nebr. III, 11. Kan. (II, 14) allows two days after passage.

se. g., Pa. III, 9. In Minn. (IV, 22) refusal to sign incapacitates the officer to hold a seat in either house and the legislature is authorized to provide other means of certification.

e. g., Ky. 56, 88; Kan. II, 14.

"Md.. II, 17; III, 30.

Conn. IV, 12. See also N. M. IV, 22; Minn. IV, 11; Mo. IV, 38.

In practically all the states if the governor fails to act upon the bill in three, five, six, or ten days-Sundays usually excepted-it becomes law without his signature."

In case of adjournment within the limits set for the governor's action about half of the constitutions allow the "pocket veto" or the bill's failure simply because the governor does nothing. In others the bill becomes law unless within a certain time he files objections with the Secretary of State. In a few states the Secretary of State must lay these objections before the next session of the legislature, to which provision Florida1 rather gratuitously adds that the legislature may then pass the bill over the governor's veto. Provisions regarding the disposition of bills by the governor show a great variety of slight differences.

If the governor disapproves the bill, in practically all of the states he must return it with his objections to the house in which it originated, which objections must be entered at large upon the journal.

Nearly three-fourths of the states allow the governor to veto separate items of appropriation bills, and South Carolina and Washington extend this power to portions of all bills. In Virginia if the governor

approves the general purpose of any bill, but disapproves any part or parts thereof, he may return it, with recommendations for its amendment, to the house in which it originated, whereupon the same proceedings shall be had in both houses upon the bill and his recommendations in relation to its amendment, as is above provided in relation to a bill which he shall have returned without his approval, and with his objections thereto; provided, that if, after such reconsideration, both houses, by a vote of a majority of the members present in each, shall agree to amend the bill in accordance with his recommendations in relation thereto, or either house by such vote shall fail or refuse to so amend it, then, and in either case, the bill shall be again sent to him, and he may act upon it as if it were then before him for the first time."

e. g., Ala. V, 125; Ind. V, 14; Mo. IV, 40, V, 12; Nebr. V, 15; Nev. IV, 35; Tex. IV, 14.

se. g., Ind. V. 14; Mich. V, 36.

9e. g., Nev. IV, 35; Wash. III, 12.

1III, 28.

2In Kan. to lower house, II, 14.

All save Conn., Ind., Ia., Me., Mass., Nev., N. H., N. C., Ore., R. I., Tenn., Vt., Wis.

4S. C. IV, 23; Wash. III, 2.

IV, 76.

"See also Ala. V, 125.

Most of the states require a larger majority for passage over the governor's veto than on original passage. Two-thirds of each house or of all the members elected to each house is the favorite, but several states specify three-fifths."

8

Local,

and Private

Local, special and private legislation has long assumed 129. enormous proportions in American legislatures. Probably sixty Special per cent of their total output of laws should be so classed. Legislation. The manifest evils of legislative regulation of matters which do not clearly concern the entire state has led to numerous constitutional efforts to reduce it. Alabama' after defining a general law to be a law which "applies to the whole state," declares that

a local law is a law which applies to any political subdivision or subdivisions of the state less than the whole; a special or private law. . . . is one which applies to an individual, association or corporation.

Like a number of other states, it enumerates a long list of subjects upon which local, special and private acts must not be passed.1

3

Many of the states declare simply that no local, special or private law of any kind shall be enacted. Many others contain variously worded and variously inclusive prohibitions. Notice is sometimes required by the state constitutions before a private or local bill may be passed. Thus in several states intention to apply for such a law must be published in the locality to be affected at least thirty days prior to the introduction of the bill, in a manner to be prescribed by law, and evidence of the publication must be exhibited to the legislature before passage.*

In Alabama the courts are required to pronounce void every special, private or local law which the journals do not affirma

"See Ga. V. Sec. 1, 16; N. Y. IV, 19; Md. II, 17. Many constitutions specify when acts shall go into effect, but exceptions are usually liberal.

Dealey, op. cit., 224.

IV, 110.

1IV, 104. There are 31 prohibited classes.

2See Ariz. IV, 19; Ark. V, 25; Cal. IV. 25; Colo. V, 25; Ga. I, Sec. IV, 1 Ill. IV, 22; Ind. IV, 23; Iowa III, 30; Md. III, 33; Mont. V, 26; Nebr. III, 15; Nev. IV, 21; N. M. IV, 24; N. D. II. 70; Okla. V, 59; S. C. III, 34; S. D. III, 23; Tex. III, 56; Utah VI. 26; W. Va. VI, 39; Wis. III, 27; Wyo. III, 27. 3e. g., Ky., 60; Minn., II, 33; Miss., IV, 87; Mo., IV, 53; Pa., III, 7. Ark. V, 26; Ga. III, Sec. VII, 16; Pa. III, 8. Similar provisions,-Ala. IV, 106; Fla. III, 21; La. 50; Mo. IV, 54; N. J. IV, Sec. VII, 9; N. C. II, 12; Okla. V, 32; Tex. III, 57.

IV, 106.

tively show to have been passed in accordance with constitutional requirements. In Mississippi no local or private bill may be passed by either house until it has been referred to a standing committee thereof and reported back with recommendations that it pass, stating affirmatively reasons therefor and why the purposes cannot be reached by general law or by court proceedings. If the recommendation be against the bill, it is not to pass the house unless by the affirmative vote of a majority of all the members elected thereto."

In England after having been especially examined by parliamentary officials designated for the purpose, private bills are divided about equally for convenient introduction into the two houses. The introduction of a private bill is equivalent to its first reading.

8

At its second reading debate may take place upon the principle of the measure, after which the bill, if opposed, is referred to a Private Bill Committee consisting of four members and a disinterested referee. If the bill be not opposed, i. e., if no adverse petition has been filed by property owners, corporations, or other interests, the committee of reference, under a standing order of 1903, consists of the Chairman and Deputy Chairman of Ways and Means, two other members of the House, appointed by the Committee of Selection, and the Counsel to Mr. Speaker. The committee stage of a contested bill assumes an essentially judicial aspect. Promoters and opponents are represented by counsel, witnesses are examined, and expert testimony is taken. After being reported by committee, the measure goes its way under the same regulations as those controlling the progress of public bills.

Somewhat similar-and forming an interesting departure from American custom-is the provision of the constitution of Virginia' that

consisting of seven

there shall be a joint standing committee members appointed by the House of Delegates and five members ap

IV, 89.

"Addressing a New York audience in 1914, Mr. Albert Shaw, Editor of the Review of Reviews, said,-"The people of New York have never understood how great are the advantages, on the side of good government, in those states which explicitly forbid, in their constitutions, all forms of local and special legislation. While a legislature like ours has hundreds or thousands of bills presented to it, the legislatures of certain other states-being prohibited from dealing with any measures except those of general state-wide application are able to give their attention during the entire session to a very few measures dealing with general topics, in addition to financial affairs."-Proceedings of Academy of Political Science, V, 1, p. 39 (46).

Ogg, F. N., Governments of Europe, 137. For the custom in Canada, see Bourinot, J. G., How Canada is Governed, 115-6.

IV, 51.