Show EXPLAINS arums I WHY HE VETOED I THE THERE MEASURES Liquor Bill Is Unconstitutional I Besides He Says Present I Laws Are Adequate I MARKS BILL ALSO FAILS TO STAND LEGAL TEST DES MOINES BILLS UTTERLY OB OS OBNOXIOUS OBNOXIOUS NOXIOUS IN THE GOVER GOVERNORS GOVERNORS GOVERNORS NORS OPINION Governor William Spry yesterday filed flied with the secretary of state stat his die s approval of the Badger liquor bill the Marks ripper bill and the D Des l e bills In his lila veto eto of the liquor bill Mil Governor Spry gives as his sole grounds ground for the veto the Kuchler amendment amendments which were cre the jokers of the measure mea Ine ure etire H He says sa S that the classification In th the bill making cities of ot more than units in the local option election is unconstitutional since it makes make a anew anew anew new classification of or cities and does net not conform to the existing classification Further the governor cans calls attention to the tho fact that the provision for local option for cities of more than thau 1100 in habitants is so intermingled with th the thit theother other provisions that there Is ia grave grava doubt whether or 01 not any of ot the pro pre previsions provisions p visions of or the bill whether pertaining to local option or regulation are applicable applicable applicable cable without a special election to de termine whether or not the voters want S prohibition These The e provisions in the opinion of the chief executive make the bill Inoperative In conclusion the governor says say that there are laws now on the statute books booke which would not only regulate but ab alt absolutely absolutely prohibit the sale of liquor If It desired were these laws enforced H He calls attention to the fact that In many parts of the state the sale of liquor Is absolutely prohibited and that It is dis with the authorities whether or not the sale of ot liquor ie Is I absolutely prohibited throughout the state Respects to Mr Marks The ripper bill the governor attacks attack on the tIle ground that It ia is absolutely ab un us constitutional He lIe says that It is In IH opposition to local and would be delegating the perform ance of municipal functions to a specie state commission lon which I is prohibited In the state tate constitution The governors attitude with reference r to this bill conforms to his declaration before election when he lie said Kid that aM ade from whether hether or not the proposed bill II was constitutional it was waa antagonistic to local and that he was opposed to It And this in spite of oC the declaration of the Republican Re of Salt Lake county wIns h hOl by their county platform pledged their representative In the legislature to support a bill Mil pet pat ting the fire and police department of ot Salt Lake in the hands of a commission appointed by the governor Tile The governor govern r atta attacks 8 the Des Moines loInes bills chiefly on the preemption that they are not constitutional He say gays ta that the bills create a special claw class of gf municipalities Lot for special purpose es a distinct violation of the constitution in his opinion and in the t th opinion of UM the M attorney general Another constitution al objection of or the governor is the iet that the bills give the board of ef corn com missioners the Ute powers of district Judges judge which In his opinion Is a direct in IR on the rights of the Ju Jun judi clary ciary department of government Other objections ob of the govern governor to the bills are that the bill makes the city at torney torne a of the board and aDd IBB In case of a dispute the city auditor all and aDd the city attorney tHe auditor would be Ite at lit the mercy of the cIty attorney behind whom would be the board of the eoe The governor also points point out that the commissioners are elected at large doing away with ward representation The primary primar election bill bID in connection with the other features of the Des l bills Is vetoed et on the ground that it contains more than one subject and aad is therefore unconstitutional Tb bill eon tales a provision for the primary else elec llois Hons to nominate candidates for mayor maor city auditor and and aDd ateo aIso 10 a provision for the appointment of a chit service senke commission These The e two matter issUers the governor rules are two separate ami su distinct subjects and in violation of the tM provision of the constitution con which de lie declares 4 dares clares that bills bins shall contain only ee one subject As to the Badger Bill BillIn BillIn BillIn In vetoing the Badger liquor bill bUi the tile governor yesterday sent to the secretary of Sf state this v 5 formal AWl statement I 1 herewith transmit to In A Km be M flied filed f m ed in h hv M r I I j i I I f I I I I v 5 AWl statement I 1 herewith transmit to In A Km be M flied filed f m ed in h hv M r yo you office senate bill No J b by committee commit en on manufactures and commerce An act re is lating to the manufacture sale bartering giving away or otherwise furnishing g III f intoxicating liquors liquor etc without my ap I There is in this act same unconstitutional provision on that I J have bare pointed set eat t tas j as being in senate te Mil bill No An act pro are providing viding siding for police and ami fire departments fat Is cities of this state of 12 M and more ta IR inhabitants habitants etc that to in there is 18 b by this act a class cl of municipal 1 corporation created for special purpose e without ref ef reference reference to the existing by general J ral law I refer m to the tile provision s ii et the act Rt which provides provide for or election f counties and In hi subdivisions thereof aril and aTi l llin i i lin in cities containing con more MOno than J to determine whether whet or not nt th g sale or of ot intoxicating li II liquors l qu rn shall suU be prohibited The uThe class mentioned In the act and in n these thes provisions is II I one on one ORe of the classes da already alread created crated by general taw law It Is 18 a adase dase created by the tb act itself and for tl lh purpose of oC the act Such Sueh 3 special classification if Is in m rn opinion unconstitutional That being true it would result Ut lit leaving a II portio of the state that would not come caine within the local option provisions of this act That is in cities containing more than inhabitants there could not be h held ld elections to determine whether or not in intoxicating intoxicating liquors should be sold or man manufactured manufactured and that being the case the law would not operate uniformly and for that reason all an that portion of this act wherein it is provided Pr for fur such soch election must necessarily fall fallAnd fallAnd fallAnd And it fy appears to me upon the reading of this act that these provisions providing for the elections as I h ha bay al already already ready set BEt out are so connected and Inter Continued on Page 2 I SPRY EXPLAINS WHY HE VETOED THE MEASURES Continued from Page p ge 1 mingled with witt the other provisions of the act which provide for the regulation of the sole sale of qt intoxicating liquors that if it this portion which 1 J have hae pointed out as being belne unconstitutional must fall f the whole act itself Ite lf would necessarily be 8 vi vitiated 1 tinted tiMed Further in my 01 opinion under the ex cx existing SUng laws law IWI the he local al authorities have he pow power r to prohibit the salo al of liquor and aO where licences have been granted to re To revoke reO Tooke voke oke O e such uch licenses licences at any an time when whan the thea thela law la a and Rad conditions connected with the granting of such uch licenses are not coin com complied plied with With Ith a it proper enforcement of existing laws the th liquor traffic will be within per perfect feet control and If desired can be pro uro prohibited The sale of intoxicating liquors is now prohibited success successfully in many man parts of the state under the tilt existing laws SUch S eh being the ease case I can eon see no good reason why the present situation should be tam lam pertti with by b u iary pernicious and disturbing legislation Another important veto eto of the governor was wae that of senate bill JK 3 by b Badger I which made the cost of ot street hh rl ment a special tax upon the abutting property ert owners The Tile governor gives these reasons for his veto to of tills this measure I I transmit herewith for filing tiling In iiI our sour office f senate bill No o lIT IffT by b Mr 1 B r entitled An act amending s sections 55 r I 7 51 O f an 1 27 M and a d TT compile i laws las of relating to special tax tag fi without my approval This act provides that t The entire cost coal of paving macadamising grad grading gradIn section ing In except as RS In which section provides provide that thai in races rases 01 or ori o ruts excavations excavatIon or flue fills of more than i eighteen lES the rity hill pay the ther r cost st of or s sach ch cuts excavations or fUni I curbing urn And S of streets and ami al Itt alIC levs IC and of ot constructing eon sowers and ami sidewalks side sidewalks walks within any an Improvement district i Including the th intersections Int on of streets and andI opposite alleys within uch such dis districts d 15 I icicle shall b be ae upon the lots and erni lands adjacent and abutting upon the I streets and end alleys atles In such district In pro proportion proportion portion to the square feet or feet fet front or both so ro adjacent and abutting upon such Mich II streets and alleys s This act art has failed of mv nW approval for forthe forthE forthe the reason that under Its provisions the tilE oat cost of improvements la t not distributed In Inthe Inthe the spirit of fairness Senate bill pili 4 bv by Badger B wn was WAil vetoed by bythe bythe bythe the governor on the grounds that thaI It pave gave aye the city cit the power flOwer to lease tease public prop property erty for fol a period of o fifty years The Wll ms as originally Introduced was WitS melh lv for forth forthe forthe the th purpose of If giving city elty elt councils the power to arrange for parking ta and to govern goern the manufacture and anti sale sule of fool food products s Another section Cuon reen reenacted reenacted acted hut but not amended by b the original bill pave gave the city elt council olin ell the power to lease municipal property Senator Badger the tM author a of the tile bill NH introduced an In amendment to the tn masura giving the tile city the power to lease city property for a arlod pe period vied of ten years Senator Benner X Smith amended the lie amendment amt to make It fifty years The he governor thought that this thin period was waR altogether alt too long Ions and andor nn for or that reason reatOn vetoed the bill Other Bills Vetoed Among the other bills vetoed by b the toe governor were ere Senate bill by b Benner X Smith es ps establishing pest houses for contagious c dis diseases diseases eases other than smallpox This bill was vetoed because it contained a provision which evidently escaped the notice of the legislature that there here should be but one one pest house in each city 11 This was con considered con considered by b the governor to be impracticable impracticable House bill m by Archibald providing for the annexation of county school dis districts districts to city school districts This was nas v s vetoed on the ground that hat it I was unconstitutional House bill bin 22 C by bv Archibald fixing the classification of cities pd nd school hool districts to make students eligible to en entrance entrance entrance trance to city schools In the same asme m eDen coun county con conty ty II This was as vetoed vetoe on the th grounds that it at I was unconstitutional Senate bill HO by b Badger relating to bi the powers power of surety companies The bill billU bi billis Is U vetoed because bause surety companies l which failed tailed to comply with the comp state stae laws law of organization might escape payment of a forfeiture of ot bond bon l Senate bill bi 3 S by sifting committee giving irrigation companies right rl ht of oC emi eminent nent ent domain This bill bi is vetoed to because b ue the bill bi falls te to provide the procedure for earring carrying out nut Its provision Senate bill bl m l by b permitting the state land tan board to loan ion I Irrigation pro projects pr jetts an In amount br to tf St i per r cent of their market value alue In the opinion of security not sufficient the governor this was n cleat to warrant the investment of oC pub public lit lic funds house fund bill 39 55 i by b Henne providing for fora fo foa louS bi a vehicle tax Tin governor declares delUe that this tiis bill provides for or too to great H a I tax on bi persons earning their living through the tl use UEe of vehicles since ince they already pay py a property tax on these vehicles Insurance Bill Bi Signed I Among the bills bis approved by b th the governor gover governor nor yesterday the most important was U senate bill bi ft SI I by Burton creating cr a 1 state stat Insurance e department and ami an regulating the ibe practice of Insurance companies within wOlo the state The Th bill bi creates tr te a I state Ita te commis commissioner cm of insurance tUran and relieves rive the Hi th see sec secretary se of state of the th work ok of o the te su an supervision fl ten of the Insurance business of the state The good roads rd bills with the exception of or the go vehicle tax tat measure he were wert all al signed tt One Oem oe of these the the bills bill bil provides pl for a I state stale road Nd to have the su cc supervision of road rd building and road rd Im Improvement 10 Improvement provement throughout the state Another provides that convictS convict in the tb state Itte peni penitentiary may ala tie be li used for fee rd read improve improvement my Ie meat ment met Another Anther fixes a standard of road rd construction A 1 forth fOth provides provide for the duties of a wad road id commissioner IH IK each ech oun tb By vetoing numerous items Hems the gover governor governor over nor reduced the th ai f r by As originally pained the ap appropriation a the estimated rove reve revenue exceeded f thE Je i inno nile nue by bc b about abt U The Te estimate was I conservative however and ami ani with the tle re reduction reduction by b the governor it la is J anticipated ant that the deficits will m be h slight In addi addition tieR lien to this reduction by bJ the IO th the bill bi permits him to hold ho up all appropriations lions for new ne buildings s and repairs on old ions buildings even after an hi his approval contingent on the revenue of the t state tat Among the items item vetoed etO by Dr the gover governor governor oer nor nOr were erp fh the te a SO aW aid 11 for state high the he improvement on o roads In If i the th different counties countes of oC the Mate aiSle C ca for forthe forthe the this erection and improvement of stalls stans atthe at atthe t the state fair an grounds lili I for at attorneys tornes orneys fee f fees for the university un against the Montelle Montello Montelo Salt Sal company for lloR on an the Montello salt It beds l for the th erection of oC lire fire escapes for or the industrial school and nd the UI Eap school Sol for tor the th deaf df antI ami anI blind and t WO for the purpose of buying buln maps of the state for distribution among tate state offices u |