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[Adjournment; Consent of Both Houses Required-Exception.]

Art. 35. Neither House, during the sitting of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting.

Const., 1812, Art. II, Sec. 18; Const., 1845, Title II, Art. 25; Const., 1852, Title II, Art. 24; Const., 1864, Title III, Art. 31; Const., 1868, Title III, Art. 38; Const., 1879, Art. 33.

[Yea and Nay Vote; How Obtained-Must Be Entered on Journal.]

Art. 36. The yeas and nays on any question in either House shall, at the desire of one-fifth of the members elected, be entered on the Journal.

Const., 1812, Art. II, Sec. 17; Const., 1845, Title II, Art. 23; Const., 1852, Title II, Art. 22; Const., 1864, Title III, Art. 29; Const., 1868, Title III, Art. 36; Const., 1879, Art. 34.

[Revenue and Appropriation Bills Shall Originate in House of Representatives, etc.]

Art. 37. All bills, for raising revenue or appropriating money, shall originate in the House of Representatives, but the Senate may propose or concur in amendments, as in other bills.

Const., 1812, Art. II, Sec. 25; Const., 1845, Title II, Art. 32; Const., 1852, Title II, Art. 30; Const., 1864, Title III, Art. 38; Const., 1868, Title III, Art. 43; Const., 1879, Art. 35.

Act 130, 1894, imposed a tax on foreigners inheriting property in this State and appropriated it to the Charity Hospital of New Orleans. Held a bill to raise and appropriate revenue, which must originate in the House of Representatives, and as the act in question originated in the Senate it was declared unconstitutional. Suc. of Sala, 50 An. 1009; Suc. of Rabasse, 49 An. 1405..

[Bills, etc., Rejected, Shall Not Be Again Proposed During Same Session-Exceptions.]

Art. 38. No bill, ordinance or resolution, intended to have the effect of a law, which shall [have] been rejected by either House, shall be again proposed in the same House during the same session, under the same or any other title, without the consent of a majority of the House by which the same was rejected.

Const., 1879, Art. 36.

[Formalities to Be Observed in Enacting Laws.]

Art. 39. Every bill shall be read on three different days in each House, and no bill shall be considered for final passage unless it has been read once in full, and the same has been reported on by a committee; nor shall any bill become a law unless, on its final passage, the vote be taken by yeas and nays, the names of the members voting for or against the same be entered on the Journal, and a majority of the members elected to each House be recorded thereon as voting in its favor; provided, that bills revising the statutes or codes of this State, or adopting a criminal code as a whole, shall be read in such manner as may be prescribed by the General Assembly.

Const., 1812, Art. II, Sec. 24; Const., 1845, Title II, Art. 31; Const., 1852, Title II, Art. 29; Const., 1864, Title III, Art. 37; Const., 1868, Title III, Art. 42; Const., 1879, Art. 37

Where a bill after being read twice in the Senate is referred to a committee, and there changed, but not so as to take it out of the scope of its original title, and is reported back as a substitute, but under the original title, it will not be considered a new bill, requiring three readings, etc. State Board of Medical Examiners vs. Fowler, 50 An. 1358. A bill which passed one house of the General Assembly and is amended in the other, without being reported back to the house in which it originated, and is approved and homologated without the amendment, 1s not constitutionally enacted. State ex rel. Caillouet vs. Laiche, 105 La. Sí. An act regularly promulgated will not be questioned by the courts on alleged irregularities in its passage, nor will parol evidence be received to show that the legislature has not complied with the constitutional requirements. La. State Lottery Co. vs. Richoux, 23 An. 743; Whited vs. Lewis, 25 An. 568. See Sanders vs. Board, 110 La.; 34 S. R. 457.

[Amendment by One House of Bills of the Other, and Reports of Conference Committees.]

Art. 40. No amendments to bills by one House shall be concurred in by the other, nor shall reports of committees of conference be adopted in either House except by a majority of the members elected thereto, the vote to be taken by yeas and nays, and the names of those voting for or against recorded upon the Journal.

Cong., 1879, Art. 38.

A bill was adopted by the House of Representatives, and on being sent to the Senate was there adopted with five amendments, which were physically annexed to the bill. The amendments were concurred in by the house. Held that the absence of any of the amendments from the journal of the house did not make the act void. Hollingsworth vs. Thompson, 45 An. 222. The engrossed bill is properly admitted in evidence, together with the journals, to show whether an amendment by the Senate to a House bill was properly concurred in. Id.

[Procedure After Enrollment of Bills.]

Art. 41. Whenever a bill that has been passed by both Houses has been enrolled and placed in possession of the House in which it originated, the title shall be read, and, at the request of any five members, the bill shall be read in full, when the Speaker of the House of Representatives or the President of the Senate, as the case may be, shall at once, sign it in open house, and the fact of signing shall be noted on the Journal; thereupon the Clerk or Secretary shall immediately convey the bill to the other House, whose presiding officer shall cause a suspension of all other business to read and sign the bill in open session and without delay. As soon as bills are signed by the Speaker of the House and President of the Senate, they shall be taken at once, and on the same day, to the Governor by the Clerk of the House of Representatives or Secretary of the Senate.

Const., 1879, Art. 39.

A bill is, in contemplation of the constitutional provision, presented to the Governor when it is actually tendered to him at his office at the capitol, though he refuse to receive it at that hour (between ten and eleven at night), and though it be that his private secretary had gone home. That the receipt for the bill was not signed until the next day, when it was again brought to the Governor, does not date the presentation from that day; the failure to receive the bill the previous night does not destroy the effect of the presentation on that day. The five days within which the bill could be vetoed began to run from the beginning of the day succeeding the day of presentation. The day on which it is presented is not to be included in the computation of the five days, but the last day of the specified period is to be computed, and intervening Sundays are excluded. State ex rel. State Pharmaceutical Association et al. vs. Secretary of State, 52 An. 936. [When Laws Go Into Effect-How They Are Promulgated.]

Sec. 42. No law passed by the General Assembly, except the general appropriation act, or act appropriating money for the expenses of the General Assembly, shall take effect until promulgated. Laws shall be considered promulgated at the place where the State Journal is published, the day after the publication of such law in the State Journal, and in all other parts of the State twenty days after such publication. The State Journal shall be published at the capital.

Const., 1879, Art. 40.

The courts cannot enforce the promulgation of laws passed by the legisla ture. State vs. Deslonde, 27 An. 71.

[Clerical Officers of General Assembly-Their Compensation, Art. 43. The clerical officers of the two Houses shall be a Secretary of the Senate and Clerk of the House of Representa

tives, with such assistants as may be necessary; but the expenses for said officials, including the Sergeant-at-Arms, of each House, together with all clerks of committees and all other employes of whatever kind, shall not exceed one hundred dollars daily for the Senate, nor one hundred and twenty dollars daily for the House, and the Chairman of the Committee on Contingent Expenses of each House shall not issue warrants for any compensation in excess of said amounts; provided, this shall not affect the employes of the present General Assembly. No donation of any unexpended balances shall be made as extra compensation or for any other purpose.

Const., 1879, Art. 41.

[Supplies and Printing for General Assembly-How Obtained.]

Art. 44. All stationery, printing, paper and fuel used in the legislative and other departments of government shall be furn ished, and the printing, binding and distribution of the laws, journals and department reports, and all other printing and binding, and the repairing and furnishing of the halls and rooms used for the meetings of the General Assembly and its committees, shall be done under contract, to be given to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by law.

[Members of Shall Not Be Interested in Contracts For.]

No member or officer of any of the departments of the government shall be in any way interested in the contracts; and all such contracts shall be subject to the approval of the Governor, the President of the Senate and Speaker of the House of Representatives, or of any two of them.

Const., 1879, Art. 42.

LIMITATION OF LEGISLATIVE POWERS.

[No Expenditures Without Specific Appropriation, etc.Statement of Receipts, etc.]

Art. 45. No money shall be drawn from the treasury except in pursuance of specific appropriation made by law; nor shall any appropriation of money be made for a longer term than two years. A regular statement and account of

receipts and expenditures of all public moneys shall be published every three months, in such manner as shall be prescribed by law.

Const., 1812, Art. VI, Sec. 6; Const., 1845, Title VI, Art. 93; Const., 1852, Title VI, Art. 94; Const., 1864, Title VIII, Art. 96; Const., 1868, Title VI, Art. 104; Const., 1879, Art. 43.

"The legislature of a State Constitution does not prohibit, and by construction beyond their terms." may authorize the Governor to remove ture.

may do everything which the State constitutional prohibitions are not enlarged Hughes vs. Murdock et al. 45 An. 935. It incumbents of offices created by the legislaEvans vs. Populus, 22 An. 121. The Constitution is not a grant of power to the Legislature; it is a limitation of its general powers. Bozant vs. Campbell, 9 R. 411.

Appropriations made before the amendment of the Constitution of 1879, continued in force for only two years after its adoption. State vs. Jumel, 35 An. 537.

Acts 3, 1874, and 58, 1877 (E. S.) in connection with State debt, are not affected by Art. 43, Const., 1879. State vs. Pickett, 46 An. 7.

Act 87, 1900, is not repugnant to Const., Art. 45, but it in itself does not make an appropriation such as would warrant the Auditor to base a warrant therecn. State ex rel. Thorpe vs. Frazee, Auditor, 105 La. 250.

[Issue of Bonds, etc., on Behalf of State Prohibited Except in Certain Cases.]

Art. 46. The General Assembly shall have no power to contract, or to authorize the contracting, of any debt or liability, on behalf of the State; or to issue bonds or other evidence of indebtedness thereof, except for the purpose of repelling invasion, or for the suppression of insurrection.

Const., 1879, Art. 44; Const., 1845, Title VI., Art. 114; Const., 1852, Art. 111.

[General Assembly Without Power to Pay Claims, or to Authorize Parishes and Municipalities to Pay Extra Compensation, etc.]

Art. 47. The General Assembly shall have no power to grant or authorize any parish or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor, nor pay, nor authorize the payment, of any claim against the State, or any parish or municipality thereof, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void; but all agreements or contracts for works of public improvements made or entered into by the City of New Orleans prior to the 12th of May, 1902, are hereby ratified and approved and the City of New Orleans is hereby authorized to make all payments pro

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