Plaintiff, a tax assessor, sought to recover salary claims against a county, contending that compensation was payable under an act passed by the General Assembly but vetoed by the governor. An entry in the House journal reported delivery of the bill to the governor on March 5. The Assembly adjourned March 13, and the governor vetoed the bill March 28. An official receipt dated March 10 had been given for the bill by the governor's office. The Arkansas Constitution gives the governor five days within which to approve or disapprove the bill. If he fails to act, the bill becomes law unless adjournment of the Assembly prevents its return within the five days. In that case the constitution allows the governor twenty days from the date of adjournment to approve or disapprove. Plaintiff contended that the date shown in the journal entry was conclusive. Held, judgment disallowing claims affirmed. The constitutional requirement that all bills be sent to the governor impliedly authorizes him to give evidence of receipt in a reasonable manner. An official receipt, therefore, should be given the same weight as a House journal entry, and since records of equal dignity conflict as to the date of delivery, the governor's act in vetoing must be presumed to be within the constitutional requirements. Whaley v. lndependence County, (Ark. 1947) 205 S.W. (2d) 861.
Emerson T. Chandler,
EVIDENCE- STATUTES - CONTRADICTION OF LEGISLATIVE JOURNAL ENTRY TO SHOW DATE OF RECEIPT OF BILL BY GOVERNOR,
Mich. L. Rev.
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