Bill Is Not Law By Failure to Veto
When Closing- of First
Session Intervenes
The Court of Claims, in a decision
rendered April 1C, held that a bill
\v. eh passed both the Senate and
(lie House of Representatives at the
fist session of the Sixty-ninth Con
gress prior to adjournment thereof,
did not approve or sign the bill pri
or to adjournment of that session,
w.tliin eight days, Sunday excepted,
af °r the bill was presented to him.
The opinion states that it is con
ceded that the exact question hat
not been decided heretofore by the
Federal Courts.
'idle suit was brought against th 1
1 • ited States by certain Indian
tr’bes, under authority of an act of
Congress described as Senate bill
No. 3185, Sixty-ninth Congress, first
s< -sion, entitled “An Act authoriz
ing certain Indian tribes and bands •
oi any of them residing in the State
ot Washington, to present their
claims to the Court of Claims.” Un
dei the rule stated above, the court
he’d that the bill did not become
a law so as to confer jurisdiction up
on that court.
Representative Dill, (Dem.) cr'
Waterville, Wash., when informed
of the decision, stated orally that
the issue was of such importance
teat it would undoubtedly be carried
to the Supreme Court by the at
torney, W. S. Lewis, of Spokane
for the Indians in the State of Wash
in*fon. If the Supreme Court re
turns a decision that the bill is net
a law then, he said, he would intro
duce it and try to get the President’s
v gnature.
History of Legislation
, he bill duly passed both Houses
of Congress on June 23, 102fi, was
signed by the presiding officers there
of and “duly attested as by law re
quired.” The opinion states that
thereafter, on June 24, 192<>, it was
duly presented to 11:e President of
the United States.
Eight days thereafter, Sundaj
o'<epted, there was a final adjourn
ment of the Sixt.;,-’ninth Congress
The President did not approve or
sign the bill.
Chief Justice Campbell, who de
livered the opinion of the court,
points out that Article 1, section 7
ebruse 2, of the Constitution of the
Ended States provides:
“Every bill which, shall have
p;i.-.sed the House of Representatives
;r d the Senate, shall, before it be
comes a law, be presented to the
president of the United States. If
be approve he shall sign it; but, U
r >1. he shall return it, with his ob
jeenons to the House in which it
sha 1 have originated, who shall en
t ;■ the objections at large on their
journal, and proceed to reconsider
i>.
Ton Pays Given for Veto
“If any l)ill shall not be returned
lr. the President within 10 days
C Sundays excepted) after it shall
have been presented to him, the
same shall he a law, in like man
ner as if lie had signed it, unless
th° Congress by their adjournment
prevent its return, in which case it
snail not he a law.”
The plaintiffs contended that the
hill became a law. The Govern
ment urged the contrary.
i'lie court says in the opinion:
“The "fact in tlm instant case is
that the first session of the Sixty
ninth Congress adjourned several
days before the expiration of the 10
day period provided for, and ahat
w.is an adjournment of the Con
gross. The Constitution does not
limit the time of adjournment to
th ? final adjournment at the second
session, and the courts have no
right to so limit, it.”
The court concluded that the hill
in question never became a law, and
therefore the demurrer should be
sustained and the petition be dis
missed
Congress itself has taken a differ
Congress itself has taken a diffe
ent view of this question, holding
that the word adjournment refers to
the final adjournment of Congress.
In other words, Congress holds that
the word adjournment, is not proper
lv used unless it refers to the end
of tlie Congress, any other ‘‘adjourn
ment” being in reality a “recess. ’
This subject is of interest to Alas
kans because of the fact that many
bids of the last legislature were
signed more than three days after
the legislature adjourned sine die.
There is serious question as to the
legality of several laws now on the
boo ks.
THE EASIEST WAY
-o
A Scotchman applied for a posi
tion as patrolman on the London
police force. Scotland Yard asked
lv'in this question:
‘Suppose, McFarland, you saw a
crowd congregated at a certain point
of four beat, how would you dis
perse it quickly, with the least pos
sible trouble”?
”T would pass the hat,” answer
ed McFarland.
shelves built in. With a new con
goleum rug and pretty draperies,