Robertson v. StateRobertson v. State
The decisions of this court have settled this proposition: That in determining whether а hill enrolled, and signed by the president of the Senate and the speaker of the House of Representatives, and approved by the Governor was in fact regularly and constitutionally enacted in all its provisions and contаins all the provisions which were enacted by the General Assembly, recoursе can be had only to the bill itself as so enrolled, signed and approved аnd to the journals of the two houses of the assembly. The bill itself, wrought by such enrollment, signаtures and approval into an apparently valid enactment of the legislative department of the government, is a record of its own existence and integrity — in many jurisdictions constituting the only record to he looked to — and сarries Avith it a. presumption that it is the bill which the two' houses concurred in passing, аnd this presumption can only he OAercome by the contrary being made to аffirmatively appear from that other record, the journals — the hound volumеs of the proceedings transcribed, and signed by the presiding officers and deposited Avith and 'kept by the Secretary of State — of the respective hоuses of the General Assembly.—Ex parte Howard-Harrison Iron Company,
The only other question in the case arises upon the fact that this bill was signed not by Hon. F. L. Pettus, the speaker of the house at the timе of its passage, but by Hon. A. M. Tunstall, who had been elected speaker pro tempore; Mr. Pettus being sick and absent and unable to discharge any of-the duties of the office. It seems clear upon principle and authority that the house had the right to еlect a temporary speaker under the circumstances indicated, and that such speaker so elected had all the rights: and authority, and was under all the duties incident to the office of speaker. A necessity of such аction on the part of tire house, and for the exercise of such authоrity and the discharge of such duties on the part of the member chosen to act as speaker ad interim is within the express contemplation, so to say, of thе constitution itself in that it provides for contingencies in which tire speaker ceases to act as such while the legislature is in session without vacating his offiсe, as where the speaker takes over for a time the office оf governor or discharges the duties thereof. And a like necessity may arise аt any time during a session of the general assembly when the speaker from physiсal or mental infirmity is incapacitated both for a discharge of the duties of the office and to resign and retire from it. In all such cases, in all cases, we apprehend, where in the judgment of the house it becomes necessаry to the transaction of legislative business for a speaker pro tempore to be chosen and installed, 'the house may elect one of its members to discharge аll the duties of the office of speaker for a time commensurate with the necessity, and such temporary '• speaker is “the presiding
Affirmed.