War Days Meant
Dali tilled from First Page.
7 bone. After said reconsidera
. vti‘ . on Thursday April 9. said
, 7 determined by vote taken by
soil nays that said resolution
With not be passed. The questions
Why presented to the attorney gen
too this opinion are:
Was .the action the governor
sworn of said re eolution to the
“than, as herein related on April 8.
Mon .within the time limited in the
t resolution No. 25, passed
lenses of the General Assem~
:1“ of the General Statutes
that tile attorney general
‘ when Witter! by either branch
119M Anson: ly give his opin-
attentions 1' law submitted
by,either of said branches. He
such assistance as he may
" In preparing an opinion in
to. your resolution 1 procured
Memo! Hon. Dwight Loomis
loo 1%.: Gross. Esq” and they
”IL! ted to me that they concur in
opinion which I submit to you.
Sagoahawer {g your three questions
ll I upon meaning of section
12 Arbitlis Foul-t of the constitution
or all: state. So much of that section
as: y material to those questions, i
. 7 bill" which shall have posed!
ll(tilaea of the General Assembly.
shit! be presented to the governor it
fit as he shall sign it and trans-
“tfie secretary, but if not he
to it. to the House in which
W . with his objections.
which shall .he entered on the journals
”laid oHonse; who shall proceed to re-
its
the bill. If the hill shall not
ed by the governor within
,signed it: unless the General
.ny their adjournment. ore—
its return. in which case it shall
atlaw ” ’
. ‘ appears in your statement of facts
ill tin bill in questiomtwhich in this
iasa House joint resolution. was
d7 to the governor on the tint
of April The current of authori-
is vgbstdtially unvarying be the
at the day of presentation.
7 ril. must be ex-
aldgflng space in the
Mt can tooth insert-
”without loss at
, “3
days. in other words the governor was
entitled to three full days beginning at
midnight of April 1 in which to return
the resolution. Thé statement of facts
further showu that the resolution was
returned by the governor to the House
on the 8th day of April, and that this
was the third day on which the legis-
lature was in actual session after the
day of presentation. if the word “days"
as used in the constitution means days
on which the Legislature is in actual
session then in my opinion the return
of the resolution on the 8th day of
April was within the time limit fixed.
and the veto would be off full force. and
effett.
So the iirst debatable question seems
to be this: Does the constitution by the
word "days" mean day’s on which the
Legislature is In actual session or does
it use the word in its natural and
ordinary meaning?
Cooley's Constitution Limitations
page 73 in the chapter entiticd‘ ‘Con-
struction of state Constitutions." lays
down this rule: -"in interpreting clans.
on we must presume that words have
been employed in their natural and or-
dinary mganing As Marshall. C J
says: The framers of the constitution
and the people who adopted it. must
he undhrsiood to have employed words
in their natural sense, and to have in:
tended what they said." .
What then is the meaning of "day’
in its natural and ordinary sense?
Bouvier‘s dictionary. adopting Blacks
stone's definition. defines it as the space
of time which elapses between two suc-
cessive midnights. Our supreme court
in Miner vs. Goodyear Glove Mtg. 00..
62 Conn., 411 says. “in ordinary
speech a day is that space of time
in which the earth makes one revel.
ution on its axis. .The civil day is
from midnight to midnight." Endlich
on Statutes. section 534 says: "A day
in common acception and ordinarily
in a constitution means a civil day of
twenty- -iour hours beginning and end
itlg at. midnight’
The justices of the supreme court oi
New Hampshire in ('7 onatruing a section
in the constitution of that state almost
identical with the section of our consti-
tution now under discussion, held that
the word‘ ‘day‘ meant a ‘fcivil day be-
ginning and ending at midnight." and
that the term “live days" did not
mean five days on which the the Legis-
lature was in actual session. but did
mean live ordinary calendar or civil
days Opinion of the justices. 45.7 N. II
607. On substantially the an to
oneation. the meaning of the w d
"days“ .in that clause of the con-
stitution of lllinois providing for a veto
by the governor —~the supreme court
of iiiinlos held that “days" meant civil
days as defined above The court said:
"it was, however. urged that the flam-
crs of the constitution intended legis-
lativ‘e and not natural days. .it is
not so expressed and the language em-
plhyed seems to be so plain and expllv.
cit that 1 am at a loss to perceive
how it will bear construction The
framers of that instrument seem to
have used overymmaution and re-
sonnbie effort to avoid obscurity and as
far as possible to mold necessity for
construction This is manifested in
this very section. where Sundays are
in terms excluded and yet in law they
would generally be excluded as they
are not judicial days." People vs\
Hatch. 3311]. p. 137.
To the same effect are the decisions
of the courts of last resort in other
states, on this precise meaning of the
word day as affecting the time which
a governor may hold a bill. Corwin vs.
Comptroller 68. C 390.
Beaudeau vs the City of Cape Girar
deco 71 No.1: in
hirpendtng vat Halght 39 Cal 139.
State vs. Michel 52 La Ann 936. (is
L. R. A. 218).
Miller var. Buford. 11 blob 377.
In view of the above decisions and
of the fact that I find no decisions to
the contrary. i feel «swelled to say
that in my opinion rd "days” in
section 12. Article rth of the consti.
tution. means calendar or civil days
is in actual session. and that c three
days which the governor had for the
tion were the three calendar days be
ginning at midnight of the first of An.
and included April 2d. 8d and till
i understand from your statement of
facts that the House adjourned on Ap-
ril 2d. until April 'lth. and that the Son-
ate voted in like adjournment. The next
question is. whether this was the ad-
consummated by the constitution as
presenting the return of the bill witn-
in three days to the House in which it
hated it- is common knowledge
time to time during the session. but the
oral Assembly itself very fuel!
and not days on which the Le slature 7
‘ tau each branch or the Gdheral as- "
Emmy assent-as its ova sittings iron .
much as an adiournlnsnt of both boos-
us would, and if it had been intended to
provide against such an adjournment
for a day . . the constitutional
provision should have been that the
that house “3" prevent it by an ad-
journment. at no such provision is
made."
To the same client are the decisions
in Harpending Vs. Haight, Corwin vs.
Comptroller General. Miller vs. Hur-
t‘nrd and State vs. Michel which i have
cited above. land no authority in con-
iilct with these decisions.
lipon the question. how the bill
should he returned when the house
in which it originated in not in session
on the last day during which the gov
ernor is authorized to hold the bill-
the decisions of the courts are some
what conflicting. in Harpentilng vs.
Hnight. referring to the return of the
bill by the governor when the house in
which it. originated Is not in session
the. court says: “it (the retrru) must
be a step taken by which his i' >- " no
for deliberation ls ended and that tor
the deliberation of the Senate has be-
gun; that the bill itself must be not be.
yond the executiVe possession; that it
must be placed into the possession, ac-
tual or potential. of the Senate itself.”
And the court there held that it was
not necessary to return it to the House
while In session. The Louisiana case
above cited hold. "that if the house
in whlch the bill proposed to be vetoed
originated should happen not to be in
session when the governor's message
arrived. delivery of the bill. with
the governor's objections. to the
presiding oillcer of the body. or to its
clerk. Would seem. according to the ad
indicated cases. to suillce; and in case
neither the presiding officer nor ibt
:ierk can be found, its deposit on the
presiding omccr’s’ table or desk or in
the oiilce of the clerk would doubtless
likewise suffice.
in New Hampshire and South Carolina
in the cases which l have cited from
those states. it is also apparently sus.
tained in the circuit court of the United
S7taies. U. S. vs. Allen. 35 Fed. Rep.
1 4.
in the People vs. Hatch. 33 ill..
the court lays down a different doc.
trine. it is there held, "that unless
the body was in session he would be
unable .to return the bill to it as re-
quired by this provision. if on the
tenth day the members and oiilt-crs
were absent, the governor would have
bling to return the bill with his oil-
jcctions. To be rcouircd to not. there
must be an organized body in session,
at the place holding its session."
dppiying the decision of the courts
other than that of illinois to the facts
presented by you. it Would follow that
the resolution should have been re-
turned to the House by loaning it with
some proper officer of the House or on
the speaker' s desk. or in some way that
would now. divested the governor of
the possession of the resolutmn on or
before the 4th day of April. (in tin-
other hand applying the illinois lk‘i‘l"
sion to the facts pres 7ntsd. the rennin-
lion could not haw: wen returned in
the way above stated, but should have
been returned at the assembling of the
House on the 7th day of April.
The return of the resolution as up~
pears from your statement of facts.
having been made on the 8th day of
April would ma ifestly be outside the
sanction of a the decisions; so it is
perhaps unnecessary to consider which
line. of decisions on this point is cor-
rect in principle.
On your statement of facts and not
considering the possible existence of
other facts not included thereint anti
because of the decisions‘of other states
on questions and under conditions sl-
moet identical with those submitted by
you i am of the opinion that joint res-
olution No 25 became a law before it
was returned to the so on the 8th
day of April. and that he return of the
resolution on that day and the action
of the House taken on its return in no
‘ way affected its validity.
it would. however. seem to be mydu-
ty to call your attention to one possi-
ble fact. which. it it exists. is of great
importance. and to which your state-
ment makes no reference. in the sill.
cial record of the recent constitutional
convention, vol. 7. pages 23027-2309 in»
‘structio'n which in practice has been
placed at times on section 12. article
fourth. it is not within your province,
nor is ‘it within mine. to determine the
existence of the possible fact to which
1 refer; the courts alone are clothed
with that authority. if. hoWever. it is
a fact. that for a long period of time
consideration of the resolution in ques- tad of
apartment of the General Assembly '3“
return of the bill during that day as
bill should be returnad in five days to
the house in whicth originated unless 7
This is also the doctrine enunciated ‘
p. 13d
until the first day of their next asacm- ’
elusive, there are suggestions of a con- ‘
law. but also on its up
the same hots that a llafbral the court
when the ("hurt decla the 1.0!
wlLlliA‘ A. KING
‘ Attorney-Gent-mul
, a _
ptuoatrv aaeoav Andrrao.
7 . ”4"?“ ~~7
Hausa Votes on Chatflvid lill and is Dl~
<. . video Almost Ivonly.
HARTFORD. April 23. ——The New Ho.
van redistricting measure caused a con
siderahie ripple in the House when the
majority report of the committee on
cities and boroughs came up on the cal-
endar for action Two reports were
handed in. one from a majority of flVl'
members the other from the minority
of four. During the discussion Ml.
Pratt of East Hartford. stated that the
majority report had been handed in lw7
round of into: forente on the part of tin
(-7-.‘bsitmun Mr. (Thutiicid. Mr Pratt
and Mr. Woodruff engaged in a lively
debate over the admissibility of Mt.
l’tutt's attack on Cbuitmnn (lilies. Af-
ter a prolonged debate the vote stood
(:4 against and 57 for the majority re-
port. 'i‘be minority report was then
adopted 76 to 57.
I
_._..._......-
HAPPY DAV.
“What are your writing?"
freshman.
“Just dropping a line to my govern
(nor. wishing him many happy returns
of the day." replied the sophomore.
"Why; is this his birthday?"
“No; pay day. He son the a check
this morning.‘ '-—-Piiliadei itia Press.
uskotl ihi'
Kitiv- ... “As i went by the house. li‘reil
threw me u kiss from the w."lndow
Ntiptiit‘w-“l'il bet it was the one i gov:-
him not five minutes before. Fred is
Hili'Il a careless follow!"<r-liustnu 'I‘ruu»
script.
N0’“PLAY ABOUT iT.
illi’ashington Star).
“William." said the teacher, i'm
afraid you played iruunt yesterday."
‘H‘Nom i wasnt playing ituuui i
stayed away in earnest."
Manufacturers’
SAMPLES IN
Children’s Clothing.
VESTEZE SUITS. for the a lo
8 yeah: of age youngster.
980. 47.48. 57.75. worth
» Just twins the amount.
SCHOOL SUITS. made to
Wifhitand hard usage
and to sell at double
75b.
D. Gottueb
11 North repeat, south Norwalk.
Lhflavis it Jan,
85 WASHINGTON STREET.
SOUTH NORWAIJC
fAiLOR,‘CLOTHiER, HAT‘TER.
Fusmsuza. , \
.7 -7...
it is
Significant
i\iIlSiT‘R
BARN Nth
Michal}
that sola‘rgca nambcrolthe best.
dressed man cvsrywhcra are
.waarlng Kelser- thea Cut
vats. Such waver-ago well up
,inlnulligs-caaadgoodcasta.‘ 4'
. _ _
Our stool; 0! this choice Neclywear
has again been replenished in
Blacks. Whites and Fancies
Ask to see the Keiser-Barathea.
FullDress Tie. in cotton. 25 cents.
' We close evenings at 6 o‘clock,
except Monday. Wednesday and Sub
turday.‘ V I
”hyphens 13342.
'7 months On no WALK. as.
U . Badhiauhelm Germany. deceased.
" heard and mines
‘ marathon
NISH.
BRUSSELS CARPETS.
VELVET CARPETS.
TAPESTRY CARPETS.
INGRAIN CARPETS.
WILTON RUGS.
BRUSSELS RUGS.
SMYRNA RUGS.
TRISTRAM-tiH
no. 2 .nd 5 oaza'r'rz BUILDI‘NQ.
L .
FLOOR COVERINGS.
ANYTHING IN THE LINE Olt‘ FLOOR COVERINGS WE ARE PREPARED 'l‘O FUR~
LINOLEUMS—all qualities.
\ OIL CLOTHS—All widths.
' CHINA MATTINGS.
JAP. MATTINGS.
CREX MATTINGS.
WINDOW SHADES.
CURTAIN RODS and POLES. ‘
ALL WORK DONE IN THE VERY BEST POSSIBLE MANNER.
l0 pc. Toilet Sets. assorted
r'o pc '1 l‘oilct Sets. filled in
m
HousEFu'RNtsl-IING' DEPT.
Wash Boards for stationary ’
tints ................. $2.25 patterns ______________ $460 tubs" .................. 35c. _
to pc. Toilet Scts. tinted fi 5 in. Jardinieres, assorted Clothes Lines .............. toe.
and gold . . . . t ........ $2.95 colors ................ 10¢. 10 qt. Bread Raisers ........ 496.
to pc. Toilet Sets. gold 6 in. Jardinieres. blended 25c. t4 qt. Dish Pans. heavy tin . 290.
stippled ............ . $3.75 Asbestos Sad Irons. per set. $1.50 Sleeve Boards ....... , ..... 35c.
TRI‘STRAM shun, Norwalk, Conn.
Glover’s The Place
x
In cinnamon and made in
vary hobby lasts.
$3.50 pr.
. Wear Shoes That Fit.
“7...:
PUBLIC AUCIION
REAL ESTATE.
The South Norwalk Trust Company,
bath ‘8 Osborn. will sell at public am.K
lion. Wednesday April 29 1903 at 3
ocloclt in the afternoon pursuant to
an order from the Court of Probate, the
tract of land. about three acres. togeth-
er with large house of 12 rooms, locat.
ed at No. 202 East Ave, East Norwalk.
Conn.
The above described property em-
braces aome of the finest building sites
in East. Norwnlk.
' ‘ p.22 3t
N sow Nv some: W
*—
babs Court. April lat, A D..19il.‘..
Estate at Bertha J Booker late 0!
Whereas, 'written application has
been mitts to.- this chart Pam‘s. W
manna thereto. sst’ fortit‘, for an odd
3'!“ sale 6! certain real «irate of
rm on!
- gains but know where to get
Administrator of the estate of Eliza. . ‘
Pro~ ,.
Open 3 Charge Account
wuss t. nmily described in ma,
rim said. lication he
meagre
13th so Of ‘
Million and d‘
29-3i
iiest iiuhington 'St .“ U
The Path of
Satisfaction
Leads to our deer. Wise
people not oniu know bar-
ihem. ‘ Thai accounts for the
crowds of people sou see in
our store event dau of the,
week. . . ~
Cash Or Credit
We’ like to keep repeating that ¥
statement because we mean
it—and we also like to keep
on sauing lhai'ii a purchase
does not turn out satisfac-
toriiil we want son to bring
it back.
i
Norwalk Chronicler