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 The original of this book is in 
 the Cornell University Library. 
 
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 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024620852 
 
C*».torAU, ,, [Document No. 76] 
 
 IS THE SENATE.] [SESSION OF 1853. 
 
 COMMUNICATION 
 
 FROM THE 
 
 ATTORNEY GENERAL. 
 
 [qeorge eerr, state pkinteh. 
 

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 13 76^:1 \^ 
 
 WSF-^ Y 
 
COMMUNICATION 
 
 FROM THE 
 
 ATTOENEY GENERAL, 
 
 Attorney General's Office, ji 
 
 San Francisco, March 11, 1853. j' 
 
 To the. Hon. President of the Senate : 
 
 In answer to the resolution of the Senate of Fob". 2oth, 1853, viz : " To 
 Tvhat extent, under the Constitution, the Senate and Assembly may legislate 
 by Joint Resolution, and whether in his opinion a Joint Resolution requires 
 the approval of the Governor." 
 
 I submit the extract, hereto attached, from an opinion of the Hon. Delos 
 Lake on this subject, which is so obviously correct that I do not hesitate to , 
 endorse it and adopt it as my opinion. 
 
 " The Constitution contemplates that the Legislature shall pass laws only 
 by ' bill,' and that the enacting clause of every law shall be ' The People, 
 &c., do enact as follows,' (Constitution of California, Art. 4, Sees. 1, 16, 
 ;17.) It is onli/ ' laws' of this kind, enacted by ' bill,' which require the 
 approval of the Governor — (Constitution, Art. 4, Sec. 17.) 
 
 " But a ' Joint ^^esolution' is not a law, nor can it, under the Constitu- 
 tion, have the force of a law. It may be a legal act ; but if so, only because 
 its scope is that appropriate to a Joint Resolution as distinguished from a 
 ' law.' A Joint Kesolution is legal and effective only -when it embraces 
 matters which are exclusively whithin the province of the two houses, with- 
 out any interference from the Executive. By " Joint Rrisoluti.-ui"' tfeev 
 
may maijage tHeir own funds, instruct their joint committees, go into con- 
 ventron',^br dissofve one, instruct their Senators in Congress, and do similar 
 acts ; bufthey cannot act legislatively by " Joint Resolution," because the 
 Constitution forbids it and provides that they shall so act by ' bill,' and it is 
 only over their legislative acts that the Executive has any control. 
 
 " The Constitution of the United States, in Art. 1, Sec. 7, as well as the 
 Constitution of Pennsylvania, and, perhaps, of some other States, expressly 
 provides for the approval by the Executive of all concurrent orders, resolu- 
 tions and votes, except on a question of adjournment, in the same manner 
 as ' bills ;' but our State Constitution, whilst providing for the approval of 
 every bill enacted by our Legislature prior to its becoming a law, omits any 
 and all mention of orders, resolutions and votes, thus clearly showing that its 
 framers, did not contemplate the approval of the Executive as essential to 
 their validity and effect. 
 
 S. C. HASTINGS. 
 

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