Rice v. Lonoke-Cabot Road Improvement District No. 11
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martillean-, Chancellor; The bill that passed the House and Senate was. not signed by the Governor, and the bill signed by the Governor did not pass the House and Senate. 41 Ark. 475; 72 Id. 569; 49 Id. 333; 83 Id. 465; 86 Id. 529; 71 Id. 541. The records show that every constitutional requirement with reference to the passage of the bill was met. The cases cited by appellant have no application.
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Appeal from Lonoke Chancery Court; John E. Martillean-, Chancellor; The bill that passed the House and Senate was. not signed by the Governor, and the bill signed by the Governor did not pass the House and Senate. 41 Ark. 475; 72 Id. 569; 49 Id. 333; 83 Id. 465; 86 Id. 529; 71 Id. 541. The records show that every constitutional requirement with reference to the passage of the bill was met. The cases cited by appellant have no application. There is no question but that the enrolling clerk inadvertently omitted certain sections of land in copying the original bill, but the Secretary of State…
1ConcurrenceSmith, J.
I agree that under the facts here stated the presumption should be indulged that the bill in question was presented to the Governor within twenty days after the adjournment of the Legislature and, not having been vetoed, became a law without the Governor’s signature.
But the proposition, that a bill can become a law when the Legislature has passed one bill and the Governor has approved another, is, in my opinion, so fundamentally unsound that I must express my dissent, and, in doing so, explain my vote in upholding the act.
In my opinion the case of Athletic Mining & Smelting Co. v. Sharp, 135…
2Cases cited8 opinions
- Moog v. RandolphSupreme Court of Alabama · 1884
- Booe v. Road Improvement District No. 4Supreme Court of Arkansas · 1919
- State v. CroweSupreme Court of Arkansas · 1917
- Haney v. StateSupreme Court of Arkansas · 1879
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
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