Seven Hickory v. Ellery
Decision Date | 01 October 1880 |
Citation | 103 U.S. 423,26 L.Ed. 435 |
Parties | SEVEN HICKORY v. ELLERY |
Court | U.S. Supreme Court |
ERROR to the Circuit Court of the United States for the Southern District of Illinois.
This is an action by George B. Ellery against the town of Seven Hickory, Ill., to recover upon certain bonds issued by it March 1, 1872, which recite that they are issued 'in pursuance of authority conferred by an act of the General Assembly of the State of Illinois, entitled 'An Act to incorporate the Tuscola, Charleston, and Vincennes Railroad Company,' approved March 7, 1867, and 'An Act to amend the foregoing act,' approved March 25, 1869, and of an election of the legal voters of the town of Seven Hickory, Ill., on the second day of April, 1867, under the provisions of said act of incorporation.'
The defendant objected to the validity of the bonds on the ground that the General Assembly by which the bill for the act of March 7, 1867, was passed adjourned sine die Feb. 28, 1867, on which day the bill was presented to the governor, in whose bands it remained until March 7, when it was approved and signed by him and delivered to the secretary of state, in whose office it was filed, and thereupon published as a low of the State. The defendant also proved that after such adjournment there was no session of the General Assembly until June, 1867.
The court having overruled the objection, found the issues in favor of the plaintiff, and rendered judgment accordingly. The defendant sued out this writ of error.
Sect. 21, art. 4, of the Constitution of Illinois of 1848, is as follows:——
Mr. John M. Palmer for the plaintiff in error.
Mr. D. T. McIntyre, contra.
The single question we have now to consider is whether a bill passed by both Houses, and presented to the governor before the legislature adjourns, becomes a law when signed by the governor after the session of the legislature has been terminated by an adjournment, but within ten days from its presentation to him. We have no hesitation in saying it does. There is certainly no express provision of the Constitution to the contrary. All that instrument requires is that, before any bill, which has passed the two Houses, can become a law, it shall be presented to the governor. If he approves it, he may sign it. If he does sign it within the time, the bill becomes a law. That is not said in so many words, but is manifestly implied. After a bill has been...
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State v. Heston, 10471
...Legislature has adjourned if he signs it within a designated period of time after it is presented to him, Town of Seven Hickory v. Ellery, 13 Otto 423, 103 U.S. 423, 26 L.Ed. 435; People v. Bowen, 30 Barb. 24; Id., 21 N.Y. 517; State of Mississippi v. Board of Supervisors of Coahoma County,......
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Ex parte Coker
...case has been cited and followed by many other courts, including the United States Supreme Court in Town of Seven Hickory v. Ellery, 13 Otto 423, 103 U.S. 423, 26 L.Ed. 435 (1880).21 Although the title to § 125 is not an official part of the Constitution, see Code Commissioner's note, Ala.C......
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Edwards v. United States
...1920, cc. 286, 287, 288, 289, 290 and 291, 41 Stat. 1077-1079. See 30 Yale Law Journal, 1. 9 See Note 2. 10 Compare Seven Hickory v. Ellery, 103 U. S. 423, 26 L. Ed. 435; People v. Bowen, 21 N. Y. 517; State ex rel. Belden v. Fagan, 22 La. Ann. 545; Solomon v. Commissioners, 41 Ga. 157; Lan......
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State v. McCook
...of the General Assembly after the expiration of said ten days, or be a law." Const. Ill. 1848, art. 4, § 21. In Seven Hickory v. Ellery, 103 U.S. 423, 26 L.Ed. 435, a bill was returned to the Governor and signed by him the Legislature had adjourned, but within 10 days after its return to hi......