Show THE GOVERNORS VETO it EXECUTIVE C CITY utah lutak I 1 march 13 18 hon F f 8 president preng of the sir I 1 return disapproved C F to lo 10 51 entitled an act alb ing the qualifications for electors aud and officeholders office holders providing for the registration of voters and regulating the manner of elec tiona the act is intended to go ge into effect upon the approval by n gress to supply the legislation referred to in congressional acts and supersede the utah it purports to subject of the i qualifications of voters and officeholders the registration of voters the conduct of elections and the canvass and return of the votes and to supersede the existing laws law s of this Te territory relating to those subjects an act of this kind and cov shaid eri ug subjects of such importance should be carefully drawn and be quite full and specific in its provisions especially as the special approval ot of condret s might create a doubt whether it poulo con 14 bei be append able without the express express approval of that body the act is not an sufficient off ly clear and full edits in ta provi provisions otono to meet such requirements it provi provides provided dej far adra a general ele election action il in november for choos choosing illk all officers hot but otherwise provided for it affirmatively ri natively provides for the election of delegates to Con congress iress and members of the legislative assembly Ast and fot for seme cases of vac vacancy aticy and to that extent would supersede any existing lj law all ali officers officer are provided for in existing law and except as named do not come within the category not other otherwise w I 1 provided rov adi tot lor u by virtue of the te re repealing it dg clause which is v very L ry careful rf 1 in its terms it reads as fo follows flows I 1 see sec 48 the provisions of all aco aud and parts of acts superseded by or jia 19 conflict with any of the provisions of this act are hereby repealed fy how far existing laws th in respect to officers provided for fok otherwise are superseded anu am to what extent laws existing are in conflict with thia this act is matter matte of though the construction may be to give full effect to the act the act itself should clearly cover the ilabe aae jhb ehte dt ct I 1 would not supersede or repe rebeil 11 any by provisions of the existing law not embraced in it or covered by its atti pro visions the incorporated towns and cities of the territory include a considerable part of the entire population and they are increasing ita in population faster than the districts not included within them their elections are important and any general act approved by congress should include provisions for such elections the act makes no provision for city elections unless in section 11 which provides all ali elections except school elections shall be held conducted and returns thereof madea as in this act provided this either includes city elections or it does not so include them if it includes them the act makes no pro provision islon for city registration for conducting the city election or canvassing or returning the votes the registration provided for though it includes city precincts zor for the purposes of the general election is made by and under appointees of the county court and its officers c e the appointment of registration eladion ofil officers rs 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 elOctio us yet what would be the construction of see sec 11 if approved by congress if see sec 11 does not reach the case of ci city elections then such elections must be held under lunder the old law of 1878 which is not superseded or repealed that not act see sec compiled laws of 1888 provides all municipal elections shall be held and conducted and the returns and canvass of votes thereof made substantially 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 cirk clerk of the county court on the demand of the recorder of any municipal corporation shall on payment of the proper fe fes fees s furnish a carti certified fiek copy of the registry list of voters of 0 fany ny precinct or part thereof within any such municipality ci A law for the approval of congress cannot be complete or adequate if it makes no provision for municipal elections and leaves them to be held under the act of 1878 that law contains the old registration oath the old provisions for the qualification fi of voters and officeholders office holders bolders 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 effect and legislation failing to do this is 18 not the kind referred to iv the acts of congress I 1 have haie not carefully examined all the details of the act it having reached me at 1 pm of yesterday too late for careful I 1 consideration but it differs in detail from an act in my hands on the same subjects intend ed to govern the action of the utah commission the general objections to the scope of the act are too great to make a detailed examination necessary this act is a substitute for a large part of the registration and election law of 1878 and that chapter of which so much is superseded here contains provisions in conflict with the organic ai act t and provides that the territorial erial treasurer and auditor shall be elected by the people also that vacancies in the office of probate judge shall be filled by election my predecessors in office have repeatedly steny urged the legislative asse i bly to repeal these laws and free the statute book from such unlawful provisions I 1 refrain from repeating this request because it seems the plain provisions of the organic act and the decision of the supreme court of the united states furnished much better guides for 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 powers Cou congress gress has vested in the governor I 1 mention specially those in the same chapter revised by this proposed act because they could not have ave been overlooked with reasonable care to see how the chapter should be ani amended ended or if they were overlooked it shows the act has not received sufficient care the history of this controversy is well known and the deference due to cor action and the plain old n duty imposed on me to execute the authority conferred by congress would leave me to hesitate to send to that body for approval an act which by its carefully 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 to is a step in the direction of returning to the people of the territory of utah the full ful measure of self government which congress has deemed it nee necessary to withdraw but is not in harmony with the views and purposes of the american people as expressed I 1 in a 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 p brove it it would not result in good to the people of the territory hut but would serve to prolong olig a conflict which under existing conditions and progressive influence is rapidly solving itself I 1 am very respectfully arthur L THOMAS governor |