Show MINING lAW 1 COMPliCATIONS NEW ACT WAS NOT EFFECTIVE UNTIL JUNE 1 Acts of Mining Recorders May Be InvalidRepresentative Shepards I Views On Subject of Publication j In the opinion of many lawyers there is grave dqubt as to the validity of the acts of district mining recorders under the new law from May 9 the date at which it was presumed to have taken I effect and June 1 the date it really became effective by official publication in the manner required by the constitution I consti-tution In discussing this subject yesterday yes-terday Representative R B Shepard declared that the publication of the late mining act was unofficial and of no effect because the free copies of the I law in pamphlet form did not bear the certificate of authenticity of the secretary sec-retary of state As to what extent the irregularity would affect mining locations loca-tions made and the record thereof filed with district recorders prior to June 1 Mr Shepard with other members of the bar who shared in his opinion felt no hesitancy in saying they would be void unless the old law were followed until the new one really became operative Of the eightyeight measures enacted by the late legislature and approved by the governor fortyone are emergency acts Intended to become operative at the date of their approval and the remainder re-mainder which should have taken effect ef-fect on the sixtieth day after the legislatures legis-latures adjournment were three weeks delayed as to the effective date until June 1 because of the failure of the printing contractors to get out the session laws The negotiable instrument instru-ment act and one or two others were fixed to take effect on July 1 or later but that all the other nonemergency I measures were delayed in becoming effective ef-fective admits of no doubt in Mr Shepards opinion and also in the belief be-lief of Secretary of State Hammond Mr Shepard holds to the view that j emergency acts may take effect without with-out publication but these laws must be I Included In the published copies of the I legislative session He further construes con-strues the constitutional requirement to I mean that no publication of laws Is valid unless it is over the secretary of I state certificate of authenticity It Is not apprehended by Mr Shepard I Shep-ard that any serious entanglements in I thestate courts will arise from the failure I fail-ure to publish the laws in ample season I I sea-son but should the question of the validity va-lidity of any of these acts prior to June 1 ever be raised in the federal court he will be prepared to See a big hole knocked in the Utah statutes Secretary of State Hammond expects the derelict printers to make delivery tomorrow of more copies of the session laws with indexes so that all applicants appli-cants may be supplied for their law libraries |