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"A bill to organize the county of Fond du Lac for judicial purposes and to organize the county of Calumet;"

Which was read the first and second times.

Mr. Barber, from the minority of the judicial committee, by leave, submitted the following report:

The undersigned, a minority of the committee on the Judiciary, to which was referred the message of his Excellency, the Governor, containing his objections to a bill which originated in this House, entitled "A bill to incorporate the Janesville Bridge Company," report:

That while they fully concur in the views of the majority of the committee, and regret that they are compelled to differ in opinion with his Excellency, as to the expediency or necessity of his disapproval to said bill, as it passed the two Houses of the Legislative Assembly, they cannot concur in the opinion of the majority of the committee, that "the bill has become a law of the land"-the disapproval of the Governor to the contrary, notwithstanding.

By the law of Congress conferring this power upon the Governor, it is provided that "if any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Assembly, by adjournment, prevent its return, in which case it shall not be a law."

By a reference to the journal of this House, it appears from a communication from John Catlin, chief clerk thereof, that on the third day (Sunday excepted) after this bill was presented to the Governor for his approval, it was returned by the Governor, and put into the hands of the chief clerk of the House, "a short time after the adjournment, and before 12 o'clock, M."

A message was received from the Governor, stating the same fact. The undersigned do not assent to the "opinion of the majority of the committee that the term "day," as used in the law of Congress, means the time which is occupied in the transaction of business on each day;" for, if this construction be adopted, it would be in the power of either House to deprive the Governor of the exercise of the veto power at any time, by a simple adjournment for three days-or by adopting

a rule or resolution that they will receive no communication from any source during a like period.

The very phraseology of the law of Congress, warrants us in the construction which we put upon it, that the Governor is allowed three full days to consider of any bill which may be presented to him for his approval.

It will not be contended that the bill could not be returned in consequence of an adjournment of the Assembly: no such adjournment has taken place. This is admitted by the majority of the committee. And if no such adjournment has taken place, then the session has been continuous; and we cannot avoid the conclusion that a return of any paper or any act required to be made within a given number of days, may be made at any time, during the period limited, whether the House be in the actual transaction of business or not. It would be absurd to suppose that either House could at will, shorten the time fixed by Congress, in the act above referred to; or that it could by any arbitrary rule, prevent its taking effect, because it is not "communicated to the chair by the person by whom it may be sent."

But if the House is not in the actual transaction of business, will it be contended that a return cannot be made to it through its officers? The clerk is a permanent officer of the House, and it is made his duty by law to keep "all records, accounts, and other papers committed to him." By a law of the last session of the Legislature, it is made the duty of the clerks of the several Boards of county commissioners, to make return of the votes given for and against the adoption of the new town and county system, on the first day of December. Suppose the Legislative Assembly should not organize on that day, and that in consequence thereof, the returns of the several clerks should not be received by either House, can any one believe that such want of organization would vitiate such returns? The law requires that all process issuing out of the District Courts shall be made returnable on the first day of the next succeeding term. Suppose the Judge should not appear and organize the court on that day, could not the Sheriff make due return of process, for want of such organization?

The undersigned believe that the law allows three full days to the

Governor, to make return of bills which do not receive his approval. By the endorsement of the Governor on the bill returned, it appears that it was presented to him on the 21st, at noon. By the communication of the Clerk of the House, it appears that it was placed in his hands before 12 o'clock, on the 25th day of January. A Sunday intervened. It is therefore manifest that (Sunday excepted,) the bill was not in the hands of the Governor, during three entire days, the time allowed by law.

The undersigned, therefore, are forced to concur with the majority of the committee, in recommending "that it be considered by the House, and if passed by this body, by the requisite majority, that it be sent to the Council." And they advise to this course for the reason given by the majority of the committee, viz: "That if it shall pass both Houses by majorities of two-thirds, the public will perhaps have more confidence in its charter"—and also for the further reason that unless it is so passed, it will not be the law of the land—and also for a still further and better reason, that the law of Congress requires that this course be taken.

Respectfully submitted.

The said report was read, and,

On motion of Mr. Whiton, it was

L. I. BARBER,
A. G. ELLIS.

Ordered, That two hundred copies of the said report, and the like number of the majority report be printed.

Mr. Hackett from the committee on Enrolled bills, reported that on yesterday they presented to the Governor for his approval the following bills, to wit:

"An act to revise and amend an act to incorporate the Western Fire Insurance Company at Prairie du Chien, and the Howard Fire Insurance Company of Brown County."

"An act to organize certain towns in the county of Racine." "An act to incorporate the Fond du Lac Company."

"Memorial to Congress for the construction of a harbor at Milwaukee."

Mr. Darling from the committee on Corporations, to which a petition on the subject was referred, reported bill No. 40, entitled "a bill to incorporate the Beloit and Rock River Bridge Company."

Which was read the first and second times.

On motion of Mr. Whiton,

The House took up the message of the Governor, returning with his objections "an act to incorporate the Janesville Bridge Company," and the said bill.

And the question being on the passage of the bill,

Mr. Shepard moved a call of the House, which was made, and the sergeant-at-arms sent to notify Mr. Burt that his attendance was required in the House.

Mr. Burt having appeared,

The question was put to the House, "Shall the bill pass?"

And the ayes and noes being taken thereon,

Those who voted in the affirmative, are,

Messrs. Barber, Batchelder, Bond, Brazelton, Brown, Burt, Darling, Dewey, Eastman, Ellis, Giddings, Gray, Hackett, Jenkins, La Chappelle, Mills, Ogden, Parkison, Ray, Rockwell, Shepard, Tripp, Whiton, and Newland, speaker, 25.

So the bill passed unanimously.

Ordered, That the Council be requested to reconsider and approve the said bill.

Mr. Shepard moved that the House take up for consideration bill No. 23,(H. of R. file,) entitled "a bill to provide for the construction of a railroad from Lake Michigan to the Mississippi river," together with the report of the committee of the whole on the said bill:

Which motion was disagreed to.

On motion of Mr. Sutherland,

The House resolved itself into the committee of the whole House, Mr Jenkins in the chair, having under consideration the following bill: No 35, "A bill to establish a Territorial Road from Beloit to the county seat of Green county;"

And after a short time spent therein the committee rose and reported the bill without amendment.

Ordered, That the said bill be engrossed for the third reading.

On motion of Mr. Mills,

The House resolved itself into the committee of the whole House, Mr. Gray in the chair, for the consideration of the following:

No. 9, "Resolution authorizing the Adjutant General to draw on the Treasurer for money to meet certain expenses."

No. 30, "A bill to organize the town of Lyonsdale in the county of Walworth."

No. 31, "A bill to incorporate the trustees of the Delevan School."

After some time spent therein, the committee rose and reported the same with an amendment to each:

Which were severally agreed to.

Ordered, That bill No. 31 do lie on the table, and that bill No. 30 and resolution No. 9 be engrossed for a third reading.

On motion of Mr. Rockwell,

The House resolved itself into the committee of the whole House, Mr. Hackett in the chair, for the consideration of bill No. 26, entitled,

"A bill to provide for the incorporation of Religious Societies." And after a short time the committee reported the said bill without amendment.

Mr. Batchelder offered the following amendment, which was adopted: Sec. 8. This act shall not be so construed as to deprive any religious society from conducting its own affairs agreeably to the discipline or rules of the society. But each society may conduct its own business according to its own internal regulations.

Mr. Gray moved the indefinite postponement of the bill, and the question being taken thereon it was determined in the affirmative. And the ayes and noes having been called for,

Those who voted in the affirmative, are,

Messrs. Barber, Batchelder, Brazelton, Brown, Burt, Dewey, Giddings, Gray, Jenkins, La Chappelle, Ogden, Parkison, and Newland.-13.

Those who voted in the negative, are,

Messrs. Bond, Darling, Eastman, Ellis, Hackett, Mills, Ray, Rockwell, Shepard, Sutherland, Tripp and Whiton.-12.

A message was received from the Governor by his private Secretary, enclosing resolves of the Legislature of the State of Alabama, favorable to the admission of the Republic of Texas into the Union as an independent State. [See appendix, document N.]

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