Commonwealth v. Griest

Citations

• 196 Pa. 396
• 46 A. 505

Syllabus

<p>Constitutional law — Amendment—Approval of governor — Article 18 of the constitution of 1874.</p> <p>Under article 18 of the constitution of 1874 relating to amendments, an amendment of the constitution proposed byjoint resolution of the general assembly need not be submitted to the governor for his approval or veto.</p> <p>The 26th section of the 3d article of the constitution -which provides that “ every order, resolution or vote ” of the two houses shall be submitted to the governor for his approval or disapproval refers merely to legislation, and has no reference to the action which the two houses take in performing their part of the work of creating amendments.</p> <p>Article 18 and the 26th section of article 3 are not inconsistent with each other, and both may stand and be fully executed without any conflict. One relates to legislation only, and the other relates to the establishment of constitutional amendments. Each one contains all the essentials for its complete enforcement without infringing at all upon any function of the other.</p> <p>Constitutional law — Amendments—Publication—Cost of publication.</p> <p>The secretary of the commonwealth cannot allege as ground for refusing to publish a proposed amendment to the constitution as provided by article 18 of the constitution that no appropriation had been made to defray the cost of publication.</p> <p>' It is not absolutely necessary that the publication of an amendment shall be made three months before the general election which follows next after the amendment was agreed to by the two houses.</p> <p>The provision ic article 18 as to the publication of a proposed amendment three months before the next general election should be regarded as merely a directory provision where strict compliance with time limit is not essential.</p> <p>Where the secretary of the commonwealth has neglected or refused to publish a proposed amendment until after the general election next following the session at which the ame