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NOTE.

The bill to provide for the payment of bounties to certain veterans of the Civil War was passed and laid before the governor for his approbation and was returned by him to the general court with his objections thereto. Upon a reconsideration of the bill, and the vote being taken on passing the same, the objections of the governor thereto notwithstanding, it was declared passed and endorsement to that effect made by the presiding officers and clerks of the two branches. The bill was then deposited in the office of the secretary of the Commonwealth and numbered Chapter 458, Acts of 1904.

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The treasurer and receiver general, before proceeding to issue bonds as provided for in the act, asked for a written opinion of the attorney-general as to the constitutionality and legality," of the act, giving as a reason for so doing that there was in his mind and in the minds of many qualified to judge" a doubt as to the legal enactment of the bill, as two thirds of the entire membership of the body in which it originated did not vote in favor of passing it over the executive veto. The attorney-general in his reply gave it as his opinion that the act in question is without validity, and is in law as if it had never appeared upon our statute book.”

The present status of the bill is shown by the following order, passed by the governor and council July 20, 1904 : —

Ordered, That the opinion of the Justices of the Supreme Judicial Court be requested upon the following important questions of law :

1. Whether the act of the Legislature of Massachusetts, entitled "An Act to provide for the payment of bounties to certain veterans of the Civil War," being chapter 458 of the Acts of the year 1904, has the force of a law, it appearing by the journal of the House of Representatives, which is the branch of the Legislature in which said act originated, that less than two thirds of the members of said House of Representatives agreed to pass the same notwithstanding the objections of the Governor thereto duly communicated to said house in writing, and it appearing further by said journal that two thirds of the members of said house who were present and voting did agree to pass the act over the executive veto.

2. Whether the phrase in Part the Second, Chapter I., Section I., Article II., of the Constitution of Massachusetts, "two thirds of said Senate or House of Representatives" means two thirds of the members elected, two thirds of the members living, two thirds of the members present and voting, or two thirds of a quorum, though more than a quorum are present and voting.

3. Whether, if in the opinion of the Justices said bill was duly enacted, it is a constitutional exercise of legislative power.*

* See pages 473 and 599.

CHANGE OF NAMES.

CHANGE OF NAMES OF PERSONS.

In compliance with the requirement of the Revised Laws, Chapter 154, Section 14, the returns of the following Changes of Names have been received in the office of the Secretary of the Commonwealth, as decreed by the several Probate Courts of the Commonwealth in their respective counties:

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