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Governor Fuller in Sharp War with Mass. Legislature over ‘jewish Measure’

April 13, 1928
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(Jewish Daily Bulletin)

Governor Fuller may declar war on the legislature following the action of the Senate which passed the Fox bill by a vote of 23 to 10 over the Governor’s veto. The bill, introduced by Representative Fox of Dorchester, would legalize the sale of foodstuffs on Sundays when Rosh Hashanah and Yom Kippur fall on Monday.

The action of the Senate caused the ire of Governor Fuller who declared last night that the action of the Senate was not legal, on the basis of the opinion of former Attorney General Parker rendered in 1904, that the constitution of the commonwealth requires that in order to override the governor’s veto, the measure must be passed by a two-thirds vote of the entire senate and not merely two-thirds of the representatives present at the session.

Meanwhile, the action of the House of Representatives is awaited. It is the belief of observers here that the House will sustain the governor. The Senate counsel, William E. Derman, is attempting to prove that the action of the Senate was legal.

The question has aroused state wide interest. Several members who opposed the original bill, dissenting from the report of the Legal Affairs Committee, will wage a hard battle to defeat the measure.

Senator Bilodeau moved for the reconsideration of the measure in the Senate which prevailed by a majority. Representative Fox, who is a members of Governor Fuller’s party, stated he was deeply disappointed at the governor’s action.

It was learned that there have been rulings contrary to the Parker opinion, but the governor stated that the Parker opinion is the only one on record in Massachusetts. The dispute between the legislative and executive branches on this issue was discussed by the public and press. The belief was expressed that the governor’s action was precipitated by the Lord’s Day League.

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