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a bill submitted to him by the Legislature if he knew beforehand that his action would not necessarily thwart the deliberate second thoughts of two-thirds of the representatives of the people.
The practice of the States with regard to the veto power is almost uniform. In all but four States (Rhode Island, Ohio, Delaware, and North Carolina), and in all the Territories, a bill passed by the Legislature must be sent to the Governor before it becomes law. He may veto it by returning it to the House in which it originated, with a statement of his objections. In Connecticut, an ordinary majority vote in each House will suffice to carry the bill over the Governor's veto; but generally a proportional majority is required. In some States two-thirds of the members present in each House must vote ; in others, two-thirds of the elected members; in Nebraska and Maryland, the majority must consist of three-fifths of the elected members. If the Governor fails to return the bill within a limited time, it becomes law, unless the Legislature adjourns before the limited time has expired. Thus five, six, and ten days are the usual periods during which the Governor may exercise his discretion. Bills retained by the Governor are known as “Pocketed Bills.” See Stimson's "American Statute Law," $ 306.*
*“On Wednesday the 16th the President returned the bill to enable the Commissioners of Agriculture to make a special distribution of seeds in the drought-stricken counties of Texas, which provided for an appropriation of $10,000 for that purpose. 'I can find no warrant in the Constitution,' the President wrote in his message, and I do not believe that the power and duty
of the general Government ought to be extended to the relief of individual suffering which is in no manner properly related to the public service or benefit. A prevalent tendency to disregard the limited mission of this power and duty should, I think, be steadfastly resisted, to the end that the lesson should be constantly enforced that, though the people support the Government, the Government should not support the people.'” – New York Nation, February 24, 1887.
The Territories of the United States, eight in number, form an example of delegated self-government, as opposed to the independent and semi-sovereign selfgovernment of the States themselves. Externally there is no striking difference between the organisation of the State and that of a Territory, and the one probably enjoys about as much local freedom as the other in the management of its own affairs. In relation to the Federal Government, however, the Territories are merely the domain of the United States, with which Congress may deal as it pleases. Its inhabitants have no part in the constitution of the National Government, and they have no representation in either House of Congress.
The legal status of the Territories rests primarily upon Article iv. section 3, paragraph 2, of the Federal Constitution : “The Congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims
of the United States or of any particular State.” Under these powers Congress has from time to time created Governments for the various Territories, generally with plenary legislative power either in the Governor and judges, a Territorial Council, or a Territorial Legislature chosen by the people, subject, however, to the approval of Congress.
The existing general legislation of Congress on Territorial Governments may be summarised as follows. The reference is to the Revised Statutes of the United States, 1878.
Sect. 1841.—The executive power is vested in a Governor holding office for four years, unless removed by the President.
Sect. 1842.—The Governor can veto any bill passed by the Legislative Assembly; but his veto may be overridden by a two-thirds majority of both Houses, except in Utah and Arizona.
Sect. 1846.—The Legislative Assembly consists of a Council and House of Representatives, both elective.
Sect. 1851.—The legislative power of each Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed on the property of the United States; nor shall the lands or other property of non-residents be taxed at a higher rate than the lands or other property of residents.
Sect. 1849.-All laws passed by the Legislative Assembly and Governor of any Territory, except in any of the Territories of Colorado,* Dakota, Idaho, Montana, and Wyoming, shall be submitted to Congress, and if disapproved shall be null and of no effect.
* Now a State.
Sect. 1891.-—The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within all the organised Territories, and in every Territory hereafter organised, as elsewhere within the United States.
Sect. 1889.—The Legislative Assemblies of the several Territories shall not grant private charters or especial privileges, but they may by general incorporation Acts permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits, or the construction and operation of railroads, waggon roads, irrigating ditches, and the colonisation and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable, or scientific associations.
ec. 1890.--Religious or charitable corporations are not to hold real property to a greater extent than $50,000; but vested rights are not to be impaired.
The view taken by the Federal Courts of the relations of Congress to the Territories is set forth in a recent case, in which an Act of the Territory of Dakota in 1871 had been disapproved and annulled by an Act of Congress, 27th May 1872, except for certain purposes.* Chief-Justice Waite said: “In the organic Act of Dakota Territory there was not an express reservation of power in Congress to amend the Acts of the Territorial Legislature, nor was it necessary. Such a power is an incident of sovereignty, and continues until granted away. Congress may not only abrogate laws of the Territorial Legislature, but it may itself legislate directly for the local Government. It may make a void Act of the Territorial Legislature valid, and a valid Act void. In other words, it has full and complete legislative authority
* National Bank v. County of Yanktown, 101 United States Supreme Court Reports.