Show THE GOVERNORS VETO OFFICE SALT BALT lark LAKE CITY march 13 1890 hon F S president of the me council sirl I return disapproved C F 49 entitled an act in relation to the t registering of voters and conducting of elections and amending sections and 0 the compiled laws of utah of 1888 relating to registrations and elections this act amends three sections of chapter IX vol 1 I of the com piled laws law ot of 1888 which provides for the registration of voters the conduct of elections and the canvass and return ot of the votes contains provisions intended as a substitute for other portions of the chapter and leaves other parts arts of the same chapter unchanged ft it is intended so far as it changes the existing laws to govern the action of the utah commission and all officers in the course of registration and in the conduct of elections and provides it shall be in force when approved it contains no repealing clause and is not intended for the approval of congress chapter IX was enacted february 22 1878 and h s been the rule of action on the su b ejects rimmed named ever since except s far as qualified by acts of congress respecting spec ting the qualifications of voters and the appointment of officers to execute the provisions of the law the act of congress of march 22 1882 see sec 9 created the utah commission and among other things defined its duty in these theoe words each and every duty relating to the registration of voters the conduct of elections the receiving or reject rejection ibn of votes and the canvassing and return of the same and the issuing of certificates or other evidence of election in said territory shall until other provisions be made by the legislative assembly of said Territory ryas aa is hereinafter provided be performed under existing laws of the united states and of said mid territory by proper persons dersons who shall be appointed etc ay the same section provided that at or after the first meeting of the legislature elected under this act said legislative assembly may make such laws conformable to the organic act os of said mid territory and not inconsistent with other laws of the united states as it shall deem proper concerning the filling of the offices in said territory declared vacant by this act by the act of march 3 1887 congress further provided that the provisions of the act of 1882 in this respect should remain operative until the provisions and laws therein referred to to be made and enacted by the legislative assembly of said territory of utah shall have been made and enacted by said assembly and shall have been approved by congress the entire legislative power was and is in congress which may delegate to the utah legislature such powers as it chooses and afterward change the extent of the granted power or withdraw it in whole or in part and congress has retained the power of approval or disapproval of all acts passed under the delegated power at the time of the passage of the act of 1882 congress did not change the election laws of utah in regard to elections elc except pt as to certain dis die qualifications but changed the persons to execute them this indicated an approval of the laws as they then stood had the election laws been different th y might or might not have been approved and changes in the laws themselves might ight or might not have been made athe the words under ex asting laws would not of course prevent congram from making any desired desired change whether or not these thesa wor damean that the duties of the commission should be performed under the laws of utah as then existed or as they should exist at the time of the performance of the duty may be a mutter matter of doubt if it be assumed the latter is the mean ing and that the power to change the laws without first obtaining the approval of congress exists and still exists except as to the method of filling the offices it still remains that the duty of the commission and its appointees was prescribed with reference to these laws and that while the duty of the commission is largely administrative any such change in the laws as would affect these duties would be affecting so far the acts of congress and the policy of the enactments this proposed act makes so many changes that it is not desirable to attempt to mention all of them the reason for many of them is not apparent some are in conflict with the provi bio biens ins of the act of congress requiring the approval of congress or to filling the offices vacated and some changes in the existing law axe are not an improvement the act changes the general election from august to november it changes the time manner a and tid pace for registration provides for a different board of review gives the formula for a trial on a challenge at the pol polls provides that a new registration shall be annually made in each raty and county at the office of the registrars only that no election precinct shall have over voters and that the county courts and city councils may divide precincts it provides a registration officer for each cou county find and one lor each city and a registrar for each precinct both in counties and cities all give bonds but no do duty is assigned to the registration officers every duty of the act is put upon the precinct registrars this double set of registration officers takes the place of the aa assessor gessor and his deputies under the present get act and of the appointees of the commission to fill their places under the existing law it is provided the senior justice of the peace of the precinct shall act as a board of review and he hears bears challenges to registered vt voters ers and notice to the person challenged is provided for tills this proposed act provides for a board of three persons to be appointed as registrars are the power of the justice or the person acting in his place under appointment by the commission to act judicially and strike off the names dames of voters without any powel powei of review by the courts or otherwise though existing at least since 1878 has been recently criticized as an abbi arbitrary but the proposed act makes no change in the power or authority of the receiving board and omits the provisions of the existing law that the challenged party shall have notice of the challenge I 1 have on my hands an act intended for the approval of congress and to supply the legislation provided for in the acts actis of that body it is Fu intended tended tp to cover the whole subject of registration qualification of voters and the conduct of bf elections and both these acts embrace many common subjects but they differ in details relating to the same subjects and it is difficult to understand both can be the legis legislative will expressed at nearly the same time I 1 am very respectfully ARTHUR L THOMAS governor |