| Show ELECTION BILLS VETOED the two documents foll following ovong are given without comment at this time OFFICE SALT LAKE CITY utah march 13 1890 hon F P S richards president f of the sir 1 return disapproved C F no 51 entitled an act prescribing the qualifications for electors and officeholders office holders providing for the registration of voters and regulating the manner of elections the act is intended to go into effect upon the approval by congress to supply the I 1 legislation isolation referred to jn n Cong congressional acts and supersede the utah commission it pur purports arts to te cover the subject of the qualifications of voters and officeholders office holders the registration of voters the conduct of elections and the canvass and return of the votes and to supersede the exl existing eting laws of this territory relating to those sub ejects an act of this kind and covering subjects of such importance should be carefully drawn and be quite full and specific in its provisions especially as the special approval of congress might create a doubt whether it could oe be amenable without the express approval of that body the act is not sufficiently clent clear and full in its provisions to meet such requirements it provides for a general election in november I 1 for choosing all officers not otherwise provided for it affirmatively provides for the election of dele delegates a to congress angress on gress and members of t the e legislative assembly and for some cases of vacancy and to that extent would supersede any existing law all officers are am provided for in existing law and except as named do not come within the category not otherwise provided for 12 unless by virtue of the rep repealing baling clause which is very careful in its terms it reads as follows see sec 48 the provisions of all acts and parts of acts superseded by or in conflict with anhof any of the previsions of this act are hereby repealed v how far existing laws in respect to officers provided for otherwise are superseded and to what extent laws existing are in conflict with this act to is matter of construction tion and though the construction may be to give full effect to the act the act itself should clearly cover the case the act would not supersede or repeal any provisions of me the existing law not embraced in it or covered by its provisions the incorporated cities and towns of the territory include a considerable part of the entire population and they are increasing in population faster than the districts not included within them their elections are im por tant and any aay general act a approved by congress should include provisions for such elections the act mak esno provision for etty ciby eleo elections unless in section 11 which provided deis all elections except school elections shall be held conducted and returns thereof made as in this act provided this either includes city elections or it does not so include them if it includes them the act ma makes k na provision for city regist registration ratio vl conducting the city election or canvassing or returning the votes the registration provided for though it includes city precincts ar for the purposes of the general election is made by and a under un r appointees a poin tees of the county court and d its officers the appointment of registration officers boards of review judges of election canvassers and the division of precincts etc are all the county machinery this will not do for city elections yet what would be the construction of section 11 if approved by congress i if section 11 does not reach the case cam of city elections then such elections must be held under the old law of 1978 which is not superseded or repealed that act sec complied compiled laws of 1888 1889 provides I 1 I 1 all municipal elections shall be held and conducted J aud and the returns and canvass of votes thereof made substantially ly in accordance with the provisions of this act and it shall be the duty of the city councils of their respective cities to provide for the registration of voters and the appointment or election of all officers necessary and to furnish all necessary appliances for the carrying out of the provisions of this section and to aid them therein the clerk of the county court on the demand of the recorder of any municipal corporation shall on payment of the proper fees furnish a certified copy of the registry list flat of voters of any precinct or part thereof within any such municipality A T law for the approval of congress cannot be complete corn or adequate de quate if it makes no provision for manial municipal al elections and leaves them thein to t be f held under the act of 1878 that law contains the old registration oath the old provisions for the qualification of voters and office holders and provisions for registration and the conduct of elections quite different from those of the proposed act I 1 do not doubt that the acts of congress modify the old law as to the qualification of voters but the time and manner of ascertaining and enforcing these qualifications would be a matter of controversy in the absence of legislation to carry the acts of congress into practical effla effect ct and legislation failing to do this is not the kind referred to in the acts of congress I 1 have not carefully examined all the details of the act it having reached meat I 1 rpm pm of yesterday too late for careful consideration but it differs in detail from an act in my hands on the same subjects intended to govern the action of the utah ut th commission rhe fhe general objections to the scope of the act are too great to make a detailed examination necessary this act is a substitute sti tute fur for a large part of the registration and election law of 1878 and that chapter of chica so much is superseded here contains provisions in conflict with the organic organic act and provides that the territorial treasurer and auditor shall be elected by the people also that vacancies in the okee office of probate fudge judge shall be filled by election offey predecessors in office have repeatedly peat edly urged the legislative assembly to repeal these laws and areg the statute book from such unlawful provisions I 1 refrained from repeating this request because it seemed the plain provisions of the organic act and the decision of the supreme court of the united states furnished much better guides for it legislation on these subjects than any I 1 could give there are several other laws of like nature which conflict with the organic act and encroach on the power congress has vested in the governor I 1 mention especially those in the same chapter revised by this proposed propose cl ack act because they could not have been overlooked with reasonable care to see how the chapter should be amended or if they were overlooked it shows the act has not dot received sufficient care the history or of this controversy is well known anti and the deference due to congressional action and the plain duty imposed on me to execute the authority conferred by congress would lead me to hersi hesitate tate to send to that body for approval an act which by its care carefully rully worded repealing clause leaves these unlawful provisions standing on the statute book and in the same chapter the act revises while these are objections that could be removed the important objection remains that the act is a step in the direction of returning to the people of the territory of uth ut h the full measure of self government which congress has deemed it necessary to withdraw but it is 18 not in harmony with the views and purposes of the american people as expressed in the acts of congress assuming the full responsibility for my action I 1 return the bill disapproved believing that if I 1 should approve it and congress should approve it it would not re sult suit in good to the people of the territory but would serve to prolong a conflict which under existing conditions and progressive influence e is solving itself 1 am very respectfully ARTHUR L THOMAS governor EXECUTIVE OFFICE SALT LAKE CITY march 13 J mon hon F S richards Richard 8 president 0 of f the council sir I 1 return disapproved C F 49 entitled an act i ii 11 relation to the registering register ng of voters and conduct conducting big of elections and nm mending ending sections and of the compiled laws of utah of 1888 relating to registrations and the act amends three sections of chapter I 1 IX X vol 1 I of the compi compiled lassof laws 1888 which provides for the registration of voters the conduct of elections and the canvass and detoro of the votes contains provisions intended as a substitute for other portions of the chapt erand leaves leave other parts of the same chapter unchanged 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 f registration and in the conduct conduct of elections and provides it shall bein be in force when approved it contains no repe repealing alling clause and is not intended for the approval of congress chapter IX was evicted february 22 1878 and has been the rule of action on the subjects named ever pince except so far as qualified by acts of congress respecting the qualification of voters and the appointment of officers to execute th 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 words each and every duty relating to the registration of voters the conduct of elvet ions the orr 0 r rejection of votes and the can w 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 as is hereinafter provided be performed under existing laws of the united states and of said territory by proper persons who shall be appointed 11 etc the same section provided that at or after the first meeting of the legislature elected under this not act said legislative assembly may i make maat such laws conformable toabe to the organic act of said 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 remajo operative until the provisions and law jaw therein referred to to be made and enacted by the legislative assembly of said territory of utah shall have been made and enact enacted d by saw said assembly anti and shall have been approved by congress Congre the entire legislative legis lati ve power was nn aal I 1 is iu 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 re t tined the power of approval or disapproval of all acts passed under tinder the delegated power at the time of the passage of the act of 1882 congress did not change the election laws lawer of utah in regard to elections except as aa to certain dis dia qualifications bute but changed the per sos to execute them this indicated an approval of the laws as ae they then stood hal had the election laws been different they might or might not have been approved and ch inges lit in the laws themselves might or might not have been made the words lundn existing laws ii would not of course prevent congress frona from making any desired change whether or not these words mean that the d duties of the commission should be performed under the laws of utah as they then existed or as they should exist at the time ol of the performance of the duty may bes be a matter of doolit if it be assumed th the latter is the meaning and that the power to change the laws without first obtaining the approval of congress exist sand still exists except as to the method of flating ahng the offices it still remains that the duty of the commission an and d it its e a appointees e es w was as prescribed with reference to these laws laws and that while the duty of the commission is 18 largely administrative any such change in the laws as would affect these duties loulu be affecting so far the acts of congress and the policy of the enactments this proposed act makes so many changes elanges that it is not de desirable to attempt to me mention lation all of them the reason for many of then is not apparent some are in conflict with the provisions previsions of the act of congress requiring the approval of congress or to filling the offices vacated and some changes in the existing law are not an improvement the act changes the general election from august to november it changes the time manner and place tor for registration provides for a different board of review gives the formula for a trial on a ch challenge lenge at the polls pro vides that a new registration shall be annually made in each city and county at tue office of the registrars only that no election precinct shall have over voters and that the coriaty courts and city councils may divide precincts it provides a registration officer for each county and one for 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 18 put upon the precinct registrars this double set of registration officers takes the place of the tha assessor and his deputies under the present act and of the appointees of the commission to fill their places under the existing law it is provided the senior sentor justice of the peace of the precinct shall act as a board of review and he hears bears challenges to registered voters and notice to the person challenged is provided for this proposed act provides foi fbi a board of three persons to be appointed as registrars are the power of the justice or tho the person acting in his bis place under appointment by the commission to act judicially and strike off the names of voters without any power of review by the courts or otherwise though existing at least since 1878 has been recently criticised criticized as arbitrary but the proposed act makes no change in the power or authority of the receiving board and omits the provisions previsions 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 legi legislation elation pro vided aided for in inthe the acts of that body it is intended to cover the whole subject of registration qualification of voters and the conduct of elections and both toese acts embrace many common subjects hut but they differ in details relating to the same subjects and it ills Is difficult to understand both can be the legislative will expressed at nearly the same time I 1 am very respectfully authur 1 THOMAS governor |
