"when the public service requires it." But so, in three, only when the Legislature declare by law that the public safety requires it.1 So, in Tennessee, only with special enactment of the Legislature; or in Texas, to protect the frontier, or the public health. And, in five, to preserve the public peace.3

$299. Miscellaneous Provisions. (See also § 63.) The California Constitution provides that all military organizations receiving State support should carry under arms no device or flag of any nation other than the United States or State flag. The legislative assembly shall provide by law for the establishment of volunteer organizations of the several arms of the service, which shall be classed as active militia, and no other organized body of men shall be permitted to perform military duty in this State, except the army of the United States, without the proclamation of the governor of the State.5

ཉ་

1 Mass. 2, 2, 1,7; N. H. 2, 50; Tenn.

5.

2 Okla.

Ark., Fla., La., S. C., Wy.
Cal. 8, 2; Ida. 14, 5; Wy. 17, 4.
N. D. 190.

PART III

LEGISLATION

ARTICLE 30. PROCESS OF LEGISLATION

§ 300. Bills. (See also §§ 201, 310.) By the Constitutions of many States, no law can be passed except by bill;1 generally originate in either house of the Legislature, be amended, altered, or rejected in the other house. probably implied in all other States; see § 303.) But not, in some States, so as to change the original purpose of the bill, nor upon or after the last reading.5

$301. Form of Bills. - The Constitutions of most States prescribe that no law shall relate to more than one subject, and that this shall be expressed in the title, indicating clearly the subject matter. Except, in a few, general appropriation bills, and in two,

3

the principal provision only applies to private or local bills.' But, in several States, if there are other subjects in the bill not embraced in the title, the bill is nevertheless good pro tanto as to those that are. By the Constitutions of three States, every act is to be plainly worded, avoiding, so far as possible, the use of technical terms. And by that of Louisiana, the Legislature shall never adopt any system or code of laws by general reference to such code, but shall in all cases recite at length the provisions enacted (compare § 307). Every statute is a public law unless otherwise declared."

§ 302. Passage of Bills. By the Constitutions of some States, no bill shall be considered for passage unless it has first been referred to a committeee and reported therefrom. And in Texas, no bill shall be passed unless so referred and reported at least three days before the final adjournment of the Legislature. Except if the committee refuses or fails to report a bill "within a reasonable time" any member may call it up.

Reading of Bills. — Every bill must ordinarily, by the Constitutions of most States, be read by sections on three different days in each house of the Legislature." But in case of urgency, either house

1 N. Y. 3, 16; Wis. 4, 18.

2 Cal., Col., Ida., Ill., Ind., Io., Mon.,

N. D., Ore., Tex., W. Va., Wy.

consciences of the members of the Legislature are involved, the law is mandatory. They are bound by their oaths

Ida. 3, 17; Ind. 4, 20; Ore. 4, 21. to obey the constitutional mode of

• La. 33.

$ Del. 2, 23.

While these directions as to the method of passing laws are mandatory in form, they are binding only on the conscience of the legislative body. The courts, in the very nature of things, are obliged to accept the enactment of the law as conclusive proof of the compliance of the Legislature with the necessary formalities, and cannot consider questions of fact relative to the regularity of procedure. It has been expressly decided that such matters will not be inquired into by the courts. In Kilgore v. Magee, 85 Pa. 401 (1877), it was contended that an act of Assembly had been so altered during its passage as to change its original purpose, and also that the required forms had been disregarded. As to this the court said: "In regard to the legislation required by the constitution, we think the subject is not within the pale of judicial inquiry. So far as the duty and the

proceeding, and any intentional disregard is a breach of duty and a violation of their oaths. But when a law has been passed and approved and certified in due form, it is no part of the duty of the judiciary to go behind the law as duly certified to inquire into the observance of form in its passage. The presumption applies to the act of passing the law, that applies generally to the proceedings of any body whose sole duty is to deal with the subject. The presumption in favor of regularity is essential to the peace and order of the State." T. R. White, The Constitution of Pennsylvania, p. 212.

7 Ala. 62; Col. 5, 20; Ky. 46; La. 39; Miss. 74; Mo. 4, 27; Mon. 5, 22; Pa. 3, 2; Tex. 3, 37; Va. 50; Wy. 3, 23.

8 Ky.

Ala. 63; Ark. 5, 22; Ariz.* 1117; Cal. 4, 15; Col. 5, 22; Fla. 3, 17; Ga. 3, 7, 7; Ida. 3, 15; Ill. 4, 13; Ind. 4, 18; Kan. 2, 15; Ky. 46; La. 39; Md.

3

may dispense with such rule, on a vote of four fifths of the members present,' three fourths, two thirds, or of a majority of those elected." But in Minnesota and Florida, every bill must have been read at least twice at length, in order to pass either house. Provision may be made by law for reading by title only. And every bill, in order to become a law, must, in many States, have been read at length on its final passage, on its second reading,' its first, or on its first and third. It must be printed for the use of members,1o and no amendment is allowed on the last reading."

6

13

Of Private or Local Bills,12 there must, by the Constitutions of several States, be notice given; as by thirty days' publication of the bill in the locality affected before its introduction into the legislature,' or in others four weeks' notice by such publication.1 In one State, the manner of notice is expressly left to the Legislature to determine. 15 All private or local bills must, in Georgia, originate in the lower house, and be referred to a committee.16 There is a permanent joint committee on special private or local legislation.1

§ 303. Voting.18-By the Constitutions of most States no bill 19 can become a law unless on its final passage it receive in each House a vote of a majority of "each house," 20 or of the members elected. 21

3, 27; Mich. 4, 19; Minn. 4, 20; Miss. 59; Mo. 4, 26; N. C. 2, 23; N. D. 63; Neb. 3, 11; Nev. 4, 18; N. J. 4, 4, 6; O. 3, 16; Okla. 5, 34; Ore. 4, 19; Pa. 3, 4; S. C. 3, 18; S. D. 3, 17; Tenn. 2, 18; Tex. 3, 32; Utah; Va. 50; W. Va. 6, 29. It seems the readings need not be on different days (Mich.); and the first two may be on the same day (N. D., S. D.).

21

Wy. It must have been "upon their desks in its final form three calendar legislative days " (N. Y.).

11 N. Y.

12 See also §§ 395, 501.

13 Ark. 5, 26; Ga. 3, 7, 16; La. 50; Mo. 4, 54; N. C. 2, 12; Okla. (four weeks); Pa. 3, 8; Tex. 3, 57 (60 days); Fla. 3, 21.

14 Ala. 106; Okla. 5, 32.
15 N. J. 4, 7, 9.

16 Ga. 3, 7, 15.

17 Miss. 89; Va. 51.

18 Notes. Whether by ballot or not, see § 231. See also § 314.

19 So, also, of joint resolutions (Kan., Md.).

20 Ala. 63; Ark. 5, 22.

21 Cal. 4, 15; Col. 5, 22; Del 2, 10; Ga. 3, 7, 14; Ill. 4, 12; Ind. 4, 25; Io. 3, 17; Kan. 2, 13; La. 39, 40; Md. 3, 28; Mich. 4, 19; Minn. 4, 13; Mo. 4, 31; N. D. 65; Neb. 3, 10; Nev. 4, 18; N. J. 4, 4, 6; N. Y. 3, 15; O. 2, 9; Okla. 5, 34; Ore. 4, 25; Pa. 3, 4; S. D. 3, 18; Tenn. 2, 18; Utah 6, 22; Wash.

10 Ky.; Ida. 3, 15; Mon.; N. Y.; 2, 22; Wy. 3, 25.

In others, of a majority of the members present,' and this would be
implied in States where the Constitution is silent, as in the United
States Congress.
In two, a majority vote including two fifths of

the members elected.2

The names of the members so voting for or against a bill on its final passage must usually be entered in the journals.3

In many States, a member who has a personal or private interest in any measure or bill, proposed or pending, must disclose the fact to the house of which he is a member, and cannot vote thereon.*

All votes on the final passage of any measure shall be subject to reconsideration for at least one whole legislative day, and no motion to reconsider such vote shall be disposed of adversely on the day on which the original vote was taken, except on the last day of the session.5

§ 304. Veto Power. In all States but Rhode Island and North Carolina, and in the territories" the Constitution provides that every bill or every joint or concurrent resolution, except for adjournment,7 passed by the legislature shall be presented to the governor before it becomes a law; and if he approves he is to sign it. Except in Missouri, resolutions for amending the Constitution. The governor may generally veto a bill, by returning it with his objections to the house in which it originated, or in Kansas, to the house of representatives. It will then become a law, by an ordinary ma

1 Ariz.* 1117; Fla. 3, 17; Ida. 3, 15; Mon. 5, 24.

2 Ky. 47; Va. 50.

Ala. 125; Ark. 6, 15; Cal. 4, 16; Col. 4, 11; Ct. 4, 12; Del. 3, 18; Fla. 3, 28; Ga. 5, 1, 17; Ida. 4, 10; Ill. 5, 16; Ind. 5, 14; Io. 3, 16; Kan. 2, 14; Ky. 88; La. 41, 76; Mass. 2, 1, 1, 2; Md. 2, 17; Amt. 1890, 394; Me. 4, 3, 2; Mich. 4, 14; Minn. 4, 11; Miss. 72; Mo. 4, 39; Mon. 7, 12; N. D. 79; Neb. and 5, 15; Nev. 4, 35; N. H. 2, 43; N. J. 5, 7; N. Y. 4, 9; O. 1902, p. 962; Okla. 6, 11; Ore. 5, 15; Pa. 4, 15; S. C. 4, 23; S. D. 4, 9; Tenn. 3, 18; Tex. 4, 14; Utah 7, 8; Va. 76; Vt. Amt. 11; Wash. 3, 12; W. Va. 7, 14; Wis. 5, 10; Wy. 4, 8. And so in U. S. C. I. 7.

* Ala.; Ark.; Ariz.*; Cal.; Col.; Del.; Fla.; Ga.; Ida.; Ill.; Io.; Kan.; Ky. 46; La.; Md.; Mich.; Minn.; Mo.; Mon.; N. D.; Neb.; Nev.; N. J.; N. Y.; O.; Okla.; Pa.; S. D.; Tenn. 2, 21; "By yeas nays" Utah 6, 22; Va.; Wy. The same would follow in other States from § 275.

Ala. 82; Col. 5, 43; Del. 2, 20; La. 52; Ky. 57; Mon. 5, 44; N. D. 43; Okla. 5, 24; Pa. 3, 33; Tex. 3, 22; Wash. 2, 30; Wy. 3, 46. See also § 154.

5 Miss. 65.

U. S. R. S. 1842.

7 Ala.; Ark. 6, 16; Ariz.*; Col. 5, 39; Del.; Ga.; Kan.; Ky. 89; La. 78; Mass.; Me.; Mich.; Minn. 4, 12; Mo. 5, 14; Mon. 5, 40; Neb.; N. H. 2, 44; Okla.; Pa. 3, 26; S. C.; Tenn.; Tex. 4, 15; Va.; Wy. 3, 41.

9 Ala.; Ark.; Ariz.*; Cal.; Col.; Ct.; Del.; Fla.; Ida.; Ill.; Ind.; Io.; Ky.; La.; Mass.; Md.; Me.; Mich.; Minn.; Miss.; Mo. 4, 39; Mon.; N. D.; Neb.; Nev.; N. H.; N. J.; N. Y.; O.; Okla.; Ore.; Pa.; S. C.; S. D.; Tenn.; Tex.; Utah; Va.; Vt.; Wash.; W. Va.; Wis.; Wy.; Territories, U. S. R. S., 1842.