The veto power in the several states

Introduction

This bulletin lias been prepared in response to numerous requests for information on this question. It is proposed to issue other bulletins as occasion may demand.

HERBERT OLIN BRIGHAM,

State Librarian.

3 5 3.

CsQP. SL¬

UE VIEW OF THE VETO POWER.

The recent State conventions of both the Republican and Demo¬ cratic parties adopted in their respective platforms, planks declaring in favor of the veto power for the governor. This action has re¬ vived interest in this question, and a statement of some of the fea¬ tures of the veto, as found in the different states, may therefore not be untimely. At present the governors of all but two of the states may disapprove of proposed law and thereby prevent their enactment except under certain restrictions. North Carolina and Rhode Island still adhere to the principles of government expressed in the earliest State constitutions and with traditional conservatism guard the legislative powers against any possible en¬ croachment on the part of the executive. The fear of such encroach¬ ment was evidently strong in the minds of the founders of the origi¬ nal states, who, undoubtedly influenced by their experience under royal governors and feeling that the conservation of popular liberty most safely rested in the hands of the representative assemblies, made the executive little more than an administrative agent in many cases and granted the veto power in only three states, Massachusetts, South Carolina, and New York. In South Carolina the power given the governor was final and could not be overidden by the legisla¬ tive body, while in New York, the chancellor and judges of the supreme court were associated with the governor as a board of revision which exercised the usual limited veto.

During the years following the revolution the belief grew that the chief executive, when chosen by the whole people of the state, was oftentimes more to be depended upon to serve the popular interest than the legislature. This new conception is clearly shown

THE VETO POWER IN THE SEVERAL STATES.

in the words of a member of the New York constitutional conven¬ tion held in 1821, who said: “ An erroneous idea seems to have pre¬ vailed in regard . to the powers and origin of the governor. Who is he? and by whom is he appointed? Does he derive his authority from the King of Great Britain? Is he an usurper? If so let us unite to depose him. But, sir, he is a man of the people — elected by their suffrages and identified with their interests. He is a watch¬ ful sentinel to guard us from evil and a zealous friend to admonish us of error.” James Bryce in the “ American Commonwealth,” ex¬ presses much the same idea, while Daniel Webster,* among others, has bitterly criticised the president’s right to interfere with the action of congress, and his arguments would in many respects apply to state as well as national matters.

Nevertheless faith in the executive seems to have increased rather than diminished, and in the years between 1785 and 1850 Georgia, Pennsylvania, Connecticut, and New Jersey granted the veto. Since the latter date the rest of the original thirteen have also done so, except the two already noted, while all but four of the states admitted since the formation of the Union placed pro¬ visions for the veto in their first constitutions. The four exceptions, New Hampshire, Ohio, Tennessee, and West Virginia later made the same provision. New York, in 1821, abolished the board of revi¬ sion and vested the rights that body had exercised in the governor. Illinois, in 1818, established a similar board of revision, but in 1848 followed New York’s example and confined the veto power to the governor alone. South Carolina, after two years experience with the absolute control over legislation, first placed in the hands of the chief executive, dispensed with the veto altogether for a time, but revived it in 1865, and is the only state which has considered it wise or expedient to abolish the veto when once established. A possible explanation of this action is that the original constitution was adopted during the revolution, and at that time the need of a strong executive was emphasized. Afterwards, the progress of

Daniel Webster, Works ii 337, iii 416. Boston, 1858.

THE VETO POWER IN THE SEVERAL STATES.

the war being successful, the same considerations which at first influenced the other colonies made the state retract its previous action. Generally, however, those changes which have been made from time to time, in relation to the veto, have tended to increase its scope rather than diminish it. Two states, Virginia, and Ala¬ bama, in their latest constitutions, even go so far as to make the gubernatorial office essentially and powerfully a part of the legis¬ lative branch of the government by giving their governors, in addition to the v§to, the right to suggest amendments to bills sub¬ mitted to them for approval, and these amendments must be con¬ sidered by the legislature before final action can be had. This cer¬ tainly is a, most radical change from the theories of the earlier times.

While the veto power now seems .firmly established in principle, &s a function of the state government, in actual practice it differs greatly in the several states, and some of these difference may be of interest. All the states provide that bills passing both houses of the legislature shall be presented to the governor for his approval before they become law. If he does not approve, he returns the bill to the legislature, where in each case it must be reconsidered and may be repassed and become law in spite of the executive veto, but the vote necessary for such enacttnent of laws without the approval of the governor varies from two-thirds of the total mem¬ bership of each house to the majority of the members present. Ohio, requiring a vote of two-thirds of the members elected in both branches, imposes the additional condition that the vote shall not be less than on the original passage, and is the only state making such a provision. Virginia, one of the states where a two-thirds vote of the members present is necessary, has, like Ohio, a unique condition: namely, that the two-thirds shall include a majority of all the members elected. Two of the New England states, Vermont and Connecticut, are among those in which only a ma¬ jority vote is required. In nearly every instance the vote on re¬ passage must be entered upon the journal of each house respect¬ ively, and in many cases the names of the members voting for and

THE VETO POWER IN THE SEVERAL STATES.

against the bill must also be recorded. The governors are all allowed a certain definite time, varying from three to ten days, to consider bills, which, if not either approved or vetoed within the time specified, become law without the governor’s approval, thus preventing the executive from nullifying the will of the legislature by the merely negative act of “ pocketing” bills presented to him. Many different provisions are made to meet the situation resulting when the legis¬ lature, by its adjournment before the expiration* of the time given the governor for consideration, prevents the return of bills previously presented to him. Twelve states very simply provide that in such cases the bills do not become law, two postpone final action until the next legislative session, while the others make more com¬ plicated provisions. •

Another and important feature of the veto power relates to the governor’s privilege regarding appropriation bills containing more than one item. In twenty-seven states single items in such bills may be vetoed, while the remainder are approved. The items disapproved must then be acted upon in the manner prescribed for vetoed bills.

Some of the states confine the exercise of the veto to bills alone; others extend it to include resolutions, and joint actions which do not relate to the business of the two houses.

These differences are all shown more clearly in the following notes and tables, which have been prepared after careful examination, of the constitutions.

ARTHUR CRAWFORD WYMAN.

NOTES.

Alabama: —

The governor is allowed to propose amendments.

(Virginia is the only other state with a similar provision.)

Georgia

The governor need not state reasons for objecting to bills pre¬ sented to him.

The house to which bill shall be returned is not specified.

(This condition is unique in Georgia.)

Kansas : —

Vetoed bills must be returned to the house of representatives.

(All other states but Georgia require return of bills to house in which they originated.)

Illinois : —

Appropriation bills must state specifically the objects and pur¬ poses for which each appropriation is made.

(South Carolina is the only state having a similar provision.)

Maryland : —

The constitutional provision includes a statement of the reasons for establishing the veto power.

Ohio: —

The vote necessary to pass bills over the veto shall be at least two-thirds of the members elect of each house, and not less than the vote on original passage.

(No other state has a similar provision.)

THE VETO POWER IN THE SEVERAL STATES.

South Carolina: —

Appropriation bills must state specifically the objects and pur¬ poses for which each appropriation is made.

(Illinois is the only other state having a similar provision.)

Virginia : —

The vote necessary to pass bills over the veto shall be two-thirds of the members present in each house, which two-thirds shall include a majority of all the members elected to each house.

(This is the only state making this provision.)

The governor is allowed to propose amendments.

(Alabama is the only other state with a similar provision.)

Washington: —

This state allows the veto of single sections in bills containing more than one section.

Bills in the Hands of the Governor at thj; Time of Adjourn¬ ment.

Do not become law: —

Connecticut, Georgia, Kansas, Louisiana, Maryland, Massa¬ chusetts, New Hampshire, New Jersey, Tennessee, Vermont, Wisconsin. Total, 11.

Do not become law unless signed within a specified time after the adjournment : —

Alabama, California, Delaware, Michigan, Minnesota, Montana, New York, Oklahoma, Virginia, Washington. Total, 10.

Time specified: —

Alabama, 10 days; California, 10 days; Michigan, 5 days; Minnesota, 3 days; Montana, 15 days; New York, 30 days; Oklahoma, 15 days; Virginia, 10 days; Washington, 10 days.

Become law unless objected to within a specified time after adjourn¬ ment : —

Arkansas, Colorado, Idaho, Illinois, Kentucky, Nebraska, North Dakota, Pennsylvania, Oregon, South Dakota, Texas, Utah, West Virginia, Wyoming. Total, 14.

THE VETO POWER IN THE SEVERAL STATES.

Time specified: —

Arkansas, 20 days; Colorado, 30 days ; Idaho, 10 days; Illinois, 10 days; Kentucky, 10 days; Nebraska, 5 days; North Dakota, 15 days; Oregon, 5 days; Pennsylvania, 30 days; South Dakota, 10 days; Texas, 20 days; Utah, 10 days; West Virginia, 5 days; Wyoming, 15 days.

Become law unless objected to within a specified time after ad¬ journment and returned with objections at next session of the legislature: —

Florida, Indiana, Nevada, Ohio. Total, 4.

Time specified: —

Florida, 30 days; Indiana, 5 days; Nevada, 10 days; Ohio, 10 days.

Become law unless returned with objections at the next session of the legislature: —

Maine, Mississippi, South Carolina. Total, 3.

May be either approved or disapproved within a specified time after adjournment : —

Iowa, Missouri. Total, 2.

Time specified: —

Iowa, 30 days; Missouri, 30 days.

Time Given ihe Governor for Consideration of Bills Pre¬ sented to Him.

Three days: —

Connecticut, Indiana, Iowa, Kansas, Minnesota, North Dakota, South Carolina, South Dakota, Wisconsin, Wyoming. Total, 10.

Five days: —

Arkansas, Florida, Georgia, Idaho, Louisiana, Maine, Massa¬ chusetts, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oklahoma, Oregon, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia. Total, 21.

THE VETO POWER IN THE SEVERAL STATES.

Ten days: —

California, Colorado, Delaware, Illinois, Kentucky, Michigan, Missouri, New York, Ohio, Pennsylvania, Texas. Total, 11.

Six days: —

Alabama, Maryland. Total, 2.

Vote Necessary to Pass Bill over Executive Veto.

Three-fifths of the members elected : —

Delaware, Maryland, Nebraska. Total, 3.

Two-thirds of the members elected : —

California, Colorado, Illinois, Iowa, Kansas, Louisiana, Michigan, Missouri, Nevada, New York, North Dakota, Ohio,* Okla¬ homa, Pennsylvania, Utah, Wyoming. Total, 16.

A majority of the members elected :—

Alabama, Arkansas, Indiana, Kentucky, New Jersey, Tennessee, West Virginia. Total, 7.

Two-thirds of the members present : —

Florida, Georgia, Idaho, Maine, Massachusetts, Minnesota, Mis¬ sissippi, Montana, New Hampshire, Oregon, South Carolina, South Dakota, Texas, Virginia,! Washington, Wisconsin. Total, 16.

A majority of the members present: —

Connecticut, Vermont. Total, 2.

Provisions for the Veto.

The following states provided for the veto power in their first con¬ stitutions :—

Alabama, Arkansas, California, Colorado, Florida, Illinois,! Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massa¬ chusetts, Michigan, Minnesota, Mississippi, Missouri, Mon-

* Two-thirds of members elected and no less than on original passage, t Which two-thirds shall include a majority of the whole number elected, t Illinois first provided for a council of revision which exercised the veto from 1818 to 1848, and consisted of the governor and judges of the supreme court.

THE VETO POWER IN THE SEVERAL STATES.

tana, Nebraska, Nevada, New York,* North Dakota, Okla¬ homa, Oregon, South Carolina, f South Dakota, Texas, Utah, Washington, Wisconsin, Wyoming. Total, 31.

Items in Appropriation Bills.

Governor allowed to disapprove specific items in appropriation bills while approving the rest of the bill : —

Alabama, Arkansas, California, Colorado, Delaware, Florida, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Penn¬ sylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wyoming. Total, 31.

Scope of Veto.

Veto confined to bills alone: —

California, Colorado, Connecticut, Florida, Idaho, Illinois, In¬ diana, Iowa, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Total, 27.

Entry Upon the Journals of Governor’s Objections to Bills Presented to Him.

Entry required : —

Alabama, Arkansas, California, Colorado, Connecticut, Dela¬ ware, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Ne¬ braska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah.

* New York first provided for a board of revision which exercised the veto from 1777 to 1821, and consisted of the governor, chancellor, and judges of the supreme court, t South Carolina abolished the veto in 1778 and restored it in 1865.

THE VETO POWER IN THE SEYERAL STATES.

Virginia, Washington, West Virginia, Wisconsin, Wyoming, Total, 42.

Entry not required: —

Georgia, Vermont. Total, 2.

Entry Upon the Journals of the Names of Members Voting for and Against Bills Upon Reconsideration.

Entry of names required: —

Alabama, Arkansas, Connecticut, Delaware, Kentucky, Louisi¬ ana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, Wisconsin, Wyoming. Total, 27.

CONSTITUTIONAL PROVISIONS REGARDING THE VETO.

ALABAMA.

Art. V. Executive Department.

Par. 125. Every bill which shall have passed both Houses of the Legislature, except as otherwise provided in this Constitution, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the House in which it originated, which shall enter the objections at large upon the Journal and proceed to reconsider it. If the Governor’s message proposes no amendment which would remove his objections to the bill, the House in which the bill originated may proceed to recon¬ sider, and if a majority of the whole number elected to that House vote for the passage of the bill, it shall be sent to the other House, which shall in like manner reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the same shall become a law, notwithstanding the Governor’s veto. If the Governor’s message proposes amendment, which would re¬ move his objections, the House to which it is sent may so amend the bill and send it with the Governor’s message to the other House, which may adopt but cannot amend, said amendment; and both Houses concurring in the amendment, the bill shall again be sent to the Governor and acted on by him as other bills. If the House to which the bill is returned refuses to make such amendment, it shall proceed to reconsider; and if a majority of the whole number elected to that House shall vote for the passage of the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole number elected to that House, it shall become a law. If the House

THE VETO POWER IN THE SEVERAL STATES.

to which the bill is returned makes the amendment and the other House declines to pass the same, that House shall proceed to recon¬ sider, as though the bill had originated therein, and such proceed¬ ings shall be taken thereon as above provided. In every such case the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the Journals of each House respectively. If any bill shall not be returned by the Governor within six days, Sunday excepted, after it shall have been presented, the same shall become a law in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent the return, in which case it shall not be a law; but when return is prevented by recess, such bill must be returned to the House in which it originated within two days after the reassembly, otherwise it shall become a law, but bills presented to the Governor within five days before the final adjourn¬ ment of the Legislature may be approved by the Governor at any time within ten days after such adjournment, and if approved and deposited with the Secretary of State within that time shall become law. Every vote, order or resolution to which concurrence of both Houses may be necessary, except on questions of adjournment and the bringing on of elections by the two Houses, and amending this Constitution, shall be presented to the Governor; and, before the same shall take effect, be approved by him; or, being disapproved shall be repassed by both Houses according to the rules and limi¬ tations prescribed in the case of a bill.

Par. 126. The Governor shall have power to approve or dis¬ approve any item or items of any appropriation bill embracing dis¬ tinct items, and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of bills over the executive veto; and he shall in writing state spe¬ cifically the item or items he disapproves, setting the same out in full in his message, but in such case the enrolled bill shall not be returned with the Governor’s objection.

THE VETO POWER IN THE SEVERAL STATES.

ARKANSAS.

Article VI. Executive Department.

Sec. 15. Every bill which shall have passed both houses of the general assembly shall be presented to the governor; if he approve it, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon their journal and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which, likewise, it shall be reconsidered; and, if approved by a majority of the whole number elected to that house, it shall be a law; but in such cases the votes of both houses shall be determined by “yeas and nays,” and the names of the members voting for or against the bill shall be entered on the journals. If any bill shall not be re¬ turned by the governor within five days, Sunday excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly by their adjournment, prevent its return, in which case it shall become a law, unless he shall file the same with his objections, in the office of the secretary of state and give notice thereof by public proclama¬ tion within twenty days after such adjournment.

Sec. 16. Every order or resolution in which the concurrence of both houses of the general assembly may be necessary, except on questions of adjournment, shall be presented to the governor, and, before it shall take effect, be approved by him; or, being dis¬ approved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

Sec. 17. The governor shall have power to disapprove any item or items of any bill making appropriation of money, embracing dis¬ tinct items; and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be

THE VETO POWER IN THE SEVERAL STATES.

void; unless repassed according to the rules and limitations pre¬ scribed for the passage of other bills over the executive veto.

CALIFORNIA.

Article IV. Legislative Department.

Sec. 16. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it but if not, he shall return it, with his objections, to the house in which it originated, which shall enter such objections upon the journal and proceed to reconsider it. If, after such reconsideration, it again passes both houses, by yeas and nays, two-thirds of the members elected to each house voting therefor, it shall become a law, notwithstanding the Governor’s objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return, in which case it shall not be¬ come a law, unless the Governor, within ten days after such adjourn¬ ment (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State, in which case it shall become a law in like manner as if it had been signed by him before adjournment. If any bill presented to the Governor contains several items of ap¬ propriation of money, he may object to one or more items, while approving other portions of the bill. In such cases he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the reasons therefor, and the appropriations so ob¬ jected* to shall not take effect unless passed over the Governor’s veto, as herein before provided. If the Legislature be in session the Governor shall transmit to the house in which the bill originated a copy of such statement, and the items so objected to shall be sepa¬ rately reconsidered in the same manner as bills which have been disapproved by the Governor.

THE VETO POWER IN THE SEVERAL STATES.

COLORADO.

Art. IV. Executive Department.

Veto of bills — 'proceedings — return of bills — file in thirty days.

Sec. 11. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the house in which it originated, which house, shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that house, it shall become a law notwith¬ standing the objections of the governor. In all such cases the vote of each house shall be determined by the ayes and noes, to be entered upon the journal. If any bill shall not be returned by the governor within ten days after it shall have been presented to him, the same shall be a Jaw in like manner as if he had signed it, un¬ less the general assembly shall, by their adjournment, prevent its return, in which case it shall be filed with his objections, in the office of the secretary of state within thirty days after such adjournment, or else become a law.

Sec. 12. The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless en¬ acted in manner following: If the general assembly be in session, he shall transmit to the house in which the bill originated a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive veto.

THE VETO POWER IN THE SEVERAL STATES.

CONNECTICUT.

Article Fourth. Of the Executive Department.

Sec. 12. Every bill which shall have passed both houses of the General Assembly, shall be presented to the Governour. If he ap¬ proves, he shall sign and transmit to the Secretary, but if not, he shall return it to the house in which it originated, with his objec¬ tions, which shall be entered on the journals of the house; who shall proceed to reconsider the bill. If after such reconsideration, that house shall again pass it, it shall be sent, with the objections, to the other house, which shall also reconsider it. If approved, it shall be¬ come a law, but in such cases the votes of both houses shall be de¬ termined by yeas and nays; and the names of the members voting for and against the bill, shall be entered upon the journals of each house respectively. If the bill shall not be returned by the Govern¬ our within three days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it; unless the General Assembly, by their adjournment, pre¬ vent its return, in which case it shall not be a law.

DELAWARE.

Art. III. Executive.

Sec. 18. Every bill which shall have passed both Houses of the General Assembly shall, before it becomes a law, be presented to the Governor; if he approve, he shall sign it; but if he shall not approve, he shall return it with his objections to the House in which it shall have originated, which House shall enter the objections at large on the journal and proceed to reconsider it. If, after such reconsideration, three fifths of all the members elected to that House shall agree to pass the bill, it shall be sent together with the ob¬ jections to the other House, by which it shall likewise be recon¬ sidered, and if approved by three fifths of all the members elected

THE VETO POWER IN THE SEVERAL STATES.

to that House, it shall become a law; but in neither House shall the vote be taken on the day on which the bill shall be returned to it. In all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each House re¬ spectively. If any bill shall not be returned by the Governor within ten days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly shall, by adjournment, prevent its re¬ turn, in which case it shall not become a law without the approval of the Governor. No bill shall become a law after the final adjourn¬ ment of the General Assembly, unless approved by the Governor within thirty days after such adjournment. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto. t Every order, resolution, or vote to which the concurrence of both Houses of the General Assembly may be necessary, except on a question of adjournment, shall be presented to the Governor, and before the same shall take effect be approved by him, or being disapproved by him, shall be repassed by three fifths of all the members elected to each House of the General As¬ sembly, according to the rules and limitations prescribed in the case of a bill.

FLORIDA.

Art. III. Legislative Department.

Sec. 28. Every bill that may have passed the legislature shall before becoming a law, be presented to the governor; if he approves it he shall sign it, but if not he shall return it with his objections to the house in which it originated, which house shall cause such objections