Show GOVERNOR BARS CIVIL ACTION INROAD IN ROAD MATTERS I Dern Vetoes House BillI Bill I Which Would V Permit Highway Commission to II Sue and Be Sued Proposal to place The state stale road commission liable to civil action In controversies arising over coni contracts contracts con con- i tracts embodied I ii in house bill No o. o i 41 41 by neI r Sharp and andr passed r by both hou houses es o of oC the tile Six Six- Sixteenth I legislature failed faile to gain grain 1 approval approval of of Governor George H II I Dern after a two-hour two hearing at it itI which proponents and opponents to the measure appeared and presented presented presented pre pre- I the tile reasons for their re respective respective re- re viewpoints I In the veto message accompany ing the tile rejected ted bill Governor Dern Dora I points out the fallacy of relinquishing relinquish relinquish- ing any of the tile states state's sovereignty and the fact that mone moneys s 's handled b by the tile road commission are chiefly trust funds furnished by the tile federal federal federal fed fed- eral government and by counties of which the commiss on is only administrator SUBMITS SUBMITS' MESSAGE These serious objections form the basis for the veto eto message message which In full Cull follows I am transmitting herewith without my approval al house bill billI No o. o 41 41 by Mr oIl Sharp entitled An I act to amend section 2852 of the compiled laws lawa of ot Utah 1917 as asi i amended by cha chapter 61 session laws 1921 and chapter 6 63 65 session laws of Utah 1923 relating to state road commission and repealIng repealIng repealing repeal repeal- Ing all acts and parts of acts in conflict herewith The purpose of this tills bill Is to permit the tile state road commission to submit con- con to arbitration and to sue and be sued upon written con con- tracts I The Tile arguments for this tills bill are very allu alluring being based upon the axiom that no man has the right to judge his ills own cause Notwithstanding standing the theoretical justice of placing both boh parties to a contract upon an an equal basis sovereign states with scarcely an exception have found from long practical experience that thai it is unwise to lo p permit permit per per- r- r mit mil themselves to be sued I hesitate hesitate hesi heal tate about permitting Utah to de depart depart depart de- de part from the course that general experience has 1155 shown to be wise and h- h S FURNISHES QUESTION There Thele is another feature in connection connection connection con con- with this bill that presents a perplexing question The road commission expends little or no i state money for construction purposes pur pur- poses It is little more than an anI j I administrative agency for the tIle exI expenditure ex ex- of federal and county count funds The qu question stion arises if Ir the tile I road commission is sued and a judgment against it it Is obtained who Is to pay the judgment ApI Apparently Ap Ap- I the tile state slate of Utah would be liable even though It had conI contributed contributed con con- I no portion of the funds expended expanded under tinder the tile contract which would seem to be manifestly In Inequitable In- In equitable Moreover It would probably I ably require special legislative enI en- en I to appropriate funds for forthe forthe forthe the payment of such a judgment Rejection of the Dunyon bill aimed at creating a new count county out of western Juab and Tooele counties counties coun coon ties of or the J. J H. H Gardner bill prohibiting prohibiting pro pro- the use of red lights on public highways except as danger signals and of the tile McCullough measure measure measure mea mea- sure creating a state board of criminal identification fea featured the Iho executive windup of the recent legislative legislative leg leg- session OUTLINES REASONS The Tile veto message on the Dunyon bill b follows In each of ot the three provisions now In the statutes covering the formation of ot a new county a majorIty majorIty majority major major- ity vote of the entire county af affected nr- nr Is required The Dunyon bill which required only a majority vote In the seceding parts of counties counties counties coun coun- ties would be Inconsistent with this this this' principle While there is a strong appeal Inthe in inthe inthe the principle of ot self determination us as applied to ton an n Isolated Isolate section of ot ofa ofa ota a county and while pioneers and frontiersmen are entitled to special consideration yet their claims not be allowed to lo cause se- se se serious rious harm to the remainder of or the county This bill is intended to tomake tomake I make male possible the creation of a new county out of the western ties of Tooele and Juab counties It Ii Itis Itis is pointed out that by the proposed plan a very small minority of the people affected are permitted to toke take a very large percentage ot or the property taxed against nonresidents including r railroads It seems to me that it Is justly argued that when a county is la divided all the people should h have va a voice in prorating tax values or else the schools and other affairs of ot the parent county might suffer severe hardship DRAWS COMPARISONS I IS i have a great deal of s sympathy for the residents of the proposed n now new w county but I fail talI to see the justice of ot letting letting- 4 per cent of f the people of ot Tooele county take 34 per percent nt cent of the railroad mileage of the tile county or letting 1 per cent of the tile people of Juab county take 50 60 per percent cent of ot the area of the county an anI and I 80 per ler cent ent of the transient sheep assessed In the county I apprehend apprehend apprehend hend that this would sadly unsettle the affairs of those two counties In doing justice to the tile people of the proposed new county care must be betaken betaken betaken taken not to do injustice to the peo- peo pe of the whole count county Anent the tile J J. J II H. Gardner measure men mea I sure Governor Derns Dern's veto reads 1 I am aOl transmitting tUno without ill my approval house bill No Xo 9 95 l by y Mr J. J II Gardner entitled An act prohibiting the us use of red led lights except ex except ex- ex for danger danser si signals nals I have ha made diligent inquiry and Continued on on- page 8 S. I 5 GOVERNOR BARS BARS' CIVIL ACTION IN ROAD MATTE MATTERS S. S Continued from page 1 r I. I V t have been unable to find any senti senti- 55 t ment for this bill nor any condition f that calls for legislation of this 5 character i 4 J i a r f Moreover l reo er the bill is s so v vaguer in j Its terms that even after repeated r t readings I am mystified as to what c is is' meant by the provision that a ared red light shall not be exhibited or 01 t t used on any of the state highways S streets t or 01 roads adjacent thereto The bill is apparently harmless k but that is not the test of good leg- leg In Judgment law is j my a not not justified unless it is both necessary necessary sary and explicit C V r REGRETS TO KILL BILL DILL f the rii The bill is regretful regretful- regretfully ly Iy rejected on grounds of economy Jn yn the terse message J 1 am transmitting herewith WI without hOut my my approval house bill No v O. 42 by Mr McCullough en entitled titled An a act t creating a state board of crimin criminal crimi- crimi n nut nal identification and defining the powers Jowers thereof It f is with keen leen re gret that I 1 withhold my approval y fr from m this progressive measure which I do solely upon the ground A of expense Existing state f t are already crippled by lack V W rr of oJ sufficient funds to enable them hem t Vs 1 t to function n properly despite the f f it fact ct that the legislature made apt apS approprIations ap- ap t S f in excess of the estimated estl- estl mated x revenue Under these conditions con con- it seems foolish to f ft f f- f S fish lish new activities activities' calling for tor t expenditures The abolition of 80 some e of the states state's present acri ac- ac ri Jf s would be more appropriate v 4 i than starting new ones however ra pi those new ones might i I h y be i 7 j v rhe general appropriation bill t was V as the last measure to be signed N by bi- bithe the governor and that cleared t r i his his' desk of all measures which t came came to him from the legislature r This bill bm was approved en toto t f Governor Governor Dern not a availing himself himL him him- L self of ot the prerogative to yeto veto any ts jj pr Pf of the many items listed b by theas the JI legislature t ure I as |