Journal of the Senate

(COPY).

STATE OF ILLINOIS,

OFFICE OF THE ATTORNEY GENERAL,
SPRINGFIELD, June 25, 1915.

To His Excellency, Edward F. Dunne, Governor of the State of Illinois, Springfield, Illinois.

SIR: You have submitted to me for an opinion as to form and constitutionality Senate Bill No. 339, same being a bill for "An Act to amend an Act entitled, 'An Act to revise the law in relation to roads and bridges,' approved June 27, 1913, in force July 1, 1913, by amending section 50, paragraph 7, and by adding a new section to be known as 99b."

This bill is objectionable, both as to form and constitutionality. It purports to amend section 50, paragraph 7 of the Road and Bridge Act of 1913. There is no such section as section 50, paragraph 7 of that Act. What the bill seeks to do is to amend clause 7 of subdivision "B" of section 50 of said Road and Bridge Act. In addition to being faulty in matter of form, as above indicated, the bill is subject to constitutional objection in that it fails to set out said section 50 entire as it would read amended, by amending said clause 7 of subdivision "B" of said section.

Section 13 of article 4 of the Constitution of 1870 provides in part: "And no law shall be revived or amended by reference to its title only, but the law revived or section amended, shall be inserted at length in the new Act."

Section 50 is divided into a number of clauses and paragraphs, and the only part of that section set out in the bill is clause 7, as it would read amended. The effect of the bill, if approved, would be to repeal all of section 50 of the Road and Bridge Act, excepting clause 7. The rule, as stated by text writers, is, "The amendment operates to repeal all of the section amended not embraced in the amended form."

Lewis Sutherland Statutory Construction, sec. 237.
Senate Bill No. 339 is herewith returned.

Very respectfully,

[Signed] P. J. LUCEY, Attorney General.
STATE OF ILLINOIS,
EXECUTIVE DEPARTMENT,
SPRINGFIELD, June 29, 1915.

To the Honorable, the Senate of the General Assembly of Illinois:

I return herewith Senate Bill No. 515, “An Act in relation to procuring of site and for the erection of an armory for the use of the organization of the Illinois National Guard at Kankakee."

I approve in the sum of $60,000 the item of $75,000 therein contained and veto and withhold my approval of all of the sum in said item in excess of said $60,000.

Respectfully submitted,

E. F. DUNNE, Governor. STATE OF ILLINOIS, EXECUTIVE DEPARTMENT, SPRINGFIELD, June 29, 1915.

To the Honorable, the Senate of the General Assembly of Illinois:

I return herewith, Senate Bill No. 551, "An Act making an appropriation of an additional sum for the completion of an armory for the use of the Second Regiment Infantry, Illinois National Guard, at Chicago, now under construction."

I approve in the sum of $75,000 the item of $125,000 therein contained and veto and withhold my approval of all of the sum in said item in excess of said $75,000.

Respectfully submitted,

E. F. DUNNE, Governor.

On motion of Mr. Canaday a committee of five consisting of the following were appointed to confer with the Governor regarding any

further business that he may have to lay before the Senate: Messrs. Manny, McNay, Cleary, Abt and Olson.

A message from the House by Mr. Vogel, Assistant Clerk:

Mr. President-I am directed to inform the Senate that the House of Representatives has adopted the following resolution:

HOUSE RESOLUTION No. 110.

Resolved, That the Clerk of the House inform the Senate that the House is ready to adjourn as soon as all bills are enrolled and laid before the Governor, and to inquire if the Senate has anything further to communicate to the House.

Adopted by the House, June 30, 1915.

B. H. MCCANN, Clerk of the House.

On motion of Mr. Keller a committee on five was appointed to wait upon the House of Representatives and ascertain whether they had any further communications to make to the Senate. The President of the Senate appointed the following committee provided for by the foregoing motion: Messrs. Keller, Ettelson, Denvir, Franklin and Herlihy.

Mr. Manny from the committee appointed to wait upon the Governor, reported that he had no further communication to make to the Senate.

By unanimous consent, Mr. Curtis offered the following resolution, and, on his motion, the rules were suspended and the resolution was taken up for consideration and on his motion was adopted:

SENATE RESOLUTION No. 77.

WHEREAS, Members of the Senate on committee work suffer constant inconvenience when their labors and investigations take them to the city of Chicago by reason of the inaccessibility of papers, documents, books and other materials necessary in the performance of their duties; therefore, be it

Resolved, That the President of the Senate be and he hereby is authorized to provide suitable offices in Chicago; and, further be it

Resolved, That the expenses for same be paid from the fund appropriated for the committee expenses of the Forty-ninth General Assembly on vouchers properly approved by the President of the Senate.

Mr. Keller, from the committee appointed to wait upon the House reported that they had performed that duty and that the House had no further communications to make to the Senate.

The President of the Senate announced that the Executive Committee had appointed as the committee provided for by Senate Resolution No. 76, adopted June 19, 1915: Messrs. Baldwin, Harding, Jewell, Canaday and Coleman.

The Journal for todays session was read and on motion of Mr. Canaday, was ordered to stand approved.

At 12:50 o'clock p. m., on motion of Mr. Keller, the Senate adjourned sine die, as provided for by Senate Joint Resolution No. 41.

The President of the Senate announced that the Senate stood adjourned without day.

A. E. EDEN, Secretary of the Senate.

ERRATA.

House Bill No. 42, page 123, line 48, "section seven (7) thereof," should read, "section seven (7) thereof, was taken from the Secretary's table and read at large a first time and ordered to a second reading without reference."

Senate Bill No. 411, page 778, line 33, "Under Rule 43, was referred by the President of the Senate to the Committee on Judiciary and Judicial Practice," should read, "by unanimous consent, on motion of Mr. Andrus the bill was taken up and read at large a first time and order to a second reading without reference."

Senate Bill No. 450, page 810, line two, "On motion of Mr. Curtis, was ordered to a second reading without reference," should read, "On motion of Mr. Curtis, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 453, page 810, line 26, "On motion of Mr. Smith it was ordered to a second reading without reference," should read, "On motion of Mr. Smith it was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 454, page 810, line 32, "On motion of Mr. Smith it was ordered to a second reading without reference," should read, "On motion of Mr. Smith, it was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 465, page 844, line 25, "On motion of Mr. Herlihy, was ordered to a second reading without reference, should read, "On motion of Mr. Herlihy, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 466, page 844, line 33, "On motion of Mr. Herlihy, was ordered to a second reading without reference," should read, "On motion of Mr. Herlihy, was taken up and read at large the first time and ordered to a second reading without reference.

Senate Bill No. 467, page 844, line 41, "On motion of Mr. Coleman, was ordered to a second reading without reference," should read, "On motion of Mr. Coleman, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 478, page 865, line 18, "On motion of Mr. Harris, was ordered to a second reading without reference," should read, "On motion of Mr. Harris, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 479, page 865, line 27, "On motion of Mr. Harris, was ordered to a second reading without reference," should read, "On motion of Mr. Harris, was taken up and read at large the first time and orderd to a scond reading without reference."

Senate Bill No. 480, page 865, line 37, "On motion of Mr. Harris, was ordered to a second reading without reference," should read, "On motion of Mr. Harris, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 481, page 865, line 44, "On motion of Mr. Harris, was ordered to a second reading without reference," should read, "On motion of Mr. Harris was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 482, page 866, line 2, "On motion of Mr. Harris, was ordered to a second reading without reference," should read, "On motion of Mr. Harris was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 496, page 872, line 23, "On motion of Mr. Keller, was ordered to a second reading without reference," should read, "On motion of Mr. Keller, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 497, page 872, line 30, "On motion of Mr. Keller, was ordered to a second reading without reference," should read, "On motion of Keller, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 498, page 872, line 38, "On motion of Mr. Keller, was ordered to a second reading without reference," should read, "On motion of Mr. Keller, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 499, page 872, line 46, "On motion of Mr. Keller, was ordered to a second reading without reference," should read, "On motion of Mr. Keller, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 500, page 873, line 2, "On motion of Mr. Keller, was ordered to a second reading without reference," should read, "On motion of Mr. Keller, was taken up and read at large the first time and ordered to a second reading without reference."

Senate Bill No. 507, page 885, line 7, "Which was read by title, ordered printed, and, on motion of Mr. Denvir, the bill was ordered to a second reading without reference," should read, "Which was read by title, ordered printed, and, on motion of Mr. Denvir, the bill was read at large the first time, and ordered to a second reading without reference."

Senate Bill No. 538, page 1037, line 27, "Without recommendation, on motion of Mr. Dailey, was ordered to a second reading," should read, “Without recommendation, on motion of Mr. Dailey was read at large the first time and ordered to a second reading without reference.”

Senate Bill No. 539, page 1037, line 34, "Without recommendation, on motion of Mr. Dailey, was ordered to a second reading," should read, "Without recommendation, on motion of Mr. Dailey was read at large the first time and ordered to a second reading without reference."

Senate Bill No. 546, page 1161, line 46, "On motion of Mr. Keller, was ordered to a second reading without reference," should read, "On motion of Mr. Keller was read at large a first time and ordered to a second reading without reference."

Senate Bill No. 547, page 1162, line 2, "On motion of Mr. Roos was ordered to a second reading without reference," should read, "On motion of Mr. Roos was read at large a first time and ordered to a second reading without reference."

House Bill No. 561, page 1442, line 36, "Under the rules, the bill was ordered to a second reading," should read, "Under the rules, the bill was ordered to a second reading, and on motion of Mr. Latham the bill was taken up and read at large the second time and ordered to a third reading.