Wolfe v. McCaull

Citations

• 76 Va. 876

Syllabus

<p>Constitution—Legislature— Governor—Keeper of rolls—Mandamus.—The legislature passed a bill, and presented it to the governor under constitution, art. iv, § 8; but before he acted, it was recalled by a joint resolution. He returned it without approval or disapproval.</p> <p>Held :</p> <p>1. The legislature had no power to recall the bill. The governor cannot return a bill, except with his veto and objections. In this ease, his return of the bill was illegal, and it not having been vetoed, became a law.</p> <p>2. Under Code 1873, ch. 14, § 14, it was the duty of the keeper of the rolls to have this bill, thus become a law, printed and published with the other acts of the general assembly; and also, upon request, to furnish the incorporators with a copy thereof properly certified.</p> <p>3. The keeper of the rolls failing to perform this duty, mandamus is the only appropriate remedy, and this court hath jurisdiction to award that writ in such case.</p>