House Enrolled Act 533 is incomplete for lack of signatures, and cannot be made law by affixing signatures of the speaker of the house, the president of the senate, and the Governor.

BILLS-GOVERNOR MAY NOT RECEIVE AND SIGN BILL NOT SIGNED BY SPEAKER OF HOUSE AND PRESI- DENT OF SENATE DURING SESSION OF LEGISLA- TURE. March 11, 1907. Ron. J. Frank Hanly, Governor of Indiana: Dear Sir :-Representative James Monroe Fitch called at the office this morning and left with me House Enrolled Act No. -533 with instructions to ascertain whether the same not having been signed by the speaker of the house and the president of the senate, during the session, and presented to you, it could yet be signed and presented. My view is that you have no authority to receive and sign said act. The constitution, article 4, section 25 requires that "All bills and joint resolutions so passed shall be signed by the presiding officers of the respective houses.' This requirement is mandatory and must be complied with in order to properly authenticate an act of the legislature. See 26 Am. and Eng. Encyc. of Law, page 545; Evans v. Browne, 30 Ind. 514-523;. Endlich on Interpretation of Stats. Sec. 536, page 755; Cooly's Const. Limitations, page 152. The signature of the presiding officers must be affixed to the act during the session of the legislature. The reason for this is 'that the signing by such officers is in effect the direct and positive sanc- tion of the enrolled bill as its act by the legislature. This sanction can not be given after the adjournment. See Scarborough v. Robinson, 81 N. Car. 409; Cushing's Law and Prac. of Legislative Assemblies, Sec. 2374. My opinion, therefore, is that the House Enrolled Act No. 533 is incomplete for lack of the signatures above mentioned, and can not be made a law by affixing the signatures of the speaker of the house, the president of the senate and yourself.