OCR Text |
Show WHY LIQUOR BILL WAS VETOED FULL TEXT OF GOVERNOR'S VETO MESSAGE. Other Measures' Which Met the Die-approval Die-approval of Mr. Spry Bills Signed by Governor. cities and towns to establish "for alii other diseases" only one pesthouse, asylum or hospital was presumably not intended by the legislature; m any event, it Is a provision which I cannot approve. 1 transmit herewith, for tiling in your ofllco. house bill No. 109, by Mr. Archibald, entitled: "An Act to amend sections 1892 and 1894, Compiled Laws of Utah, 1907, relating to schools in cities of the first and second class," without my approval. This act provides "that any school district or territory adjoining any city of the first or second class may De annexed to and made a part of tne school district within such city, without with-out being made a part of such city for municipal or other purposes," anl provides the manner of annexation.' A further provision gives to those residing resid-ing hi the annexed territory tho right of voting for members of the board ot education. This act is clearly contrary to tne provisions of section 6 of article 10 ot the Constitution or the State or Utan. which provides: In cities of the llrst and second class the public school system shall be controlled by th-3 board of education of such cities, separate sep-arate and apart from the counties m which said cities are located." I transmit herewith, for llllng in your office, houso bill No. '222, by Mr Archibald, entitled: "An Act to amend sections 174 aud 175, Complied Laws of Utah. 1907, relating to the classification of cities and the manner man-ner of changing the class ot a city, and relating to tho boundaries or school districts in caBe of change ot class," without my approal. This act is clearly in conflict wltn the provisions of section G of article 10 of the Constitution or tho State ot Utah, which provides that : "In cities of the first and second class, the public pub-lic school system shall be controlled by the board of education or suc:i cities, separate and apart from tho counties in which said cities are- located." lo-cated." I transmit herewith, for filing 5n your office, senate bill No. 94,, by Mr. Badger, entitled: "An Act to amend section 206, Compiled Laws of Utah, 1907, relating to the powers ol city councils," without my approval. Paragraph 2 of section 206 ot this r.et provides among other enumerated enumerat-ed powers of the city council the right to "sell, lease, convey and dispose ot property, real and personal, for the benefit of the city. Provided, however, how-ever, that no such lease shall extend for, a greater period than CO years." This bill has railed of my approvol for the reason that 1 believe 50 yeara too long a period to lease city property, prop-erty, Under the terms of such :i lease the city would be deprived tor half a century of the ever Increasing earning capacity of Its holdings. I transmit herewith, for tiling m your office, senate bill No. 210, by Mr. Badger, entitled: "An Act amending sections 430x1, 430x2. and 430x3. Compiled Com-piled Laws of Utah, 1907, relating :o corporate suretyship," without my approval. ap-proval. Section 2 of this act makes void bonds and undertakings entered into with any company as surety touching or affecting any services to bo rendered ren-dered or acts to be performed in the State of Utah, unless such corporation shall first have compiled with the laws of the State of Utah. This provision is objectionable in that it relieves the surety company of liability on a bond because of any omission on its part In complying with the laws of the state. Under its terms the surety company may escape liability lia-bility on a purely techlncal construction construc-tion of the statute. I transmit herewith, for llllng In your olfice senate bill No. 208, by stilting committee, entitled: "An Act providing for the exchange of water for Irrigation and culinary purposes," without my approval. Section 3 of this act provides: "said right may be enforced by condemnation condemna-tion proceedings as provided by law." There is nu provision of law for the enforcement of such right by condemnation condem-nation proceedings. To the Secretary of State: I transmit herewith, for filing In your office ueuate bill No. 171, by Mr. Wilson, entitled. "An Act to amend section 2357, Complied Laws of Utah, 1907, relating to the Investment ot state funds and their securities," without with-out my approval, i This act provides for tho Investment Invest-ment of state Tunds "in stock certificates certifi-cates of Irrigation companies in any amount not exceeding 50 per cent ot their market value." Such securities I do not deem sufficiently sare as collateral col-lateral security for state funds. I transmit, herewith, for filing in your office, house bill No. 59, by Mr. Henrle, entitled: "An Act providing an annual vehicle road tax and the manner of collecting and expending the same." without my approval. In my opinion, this bill makes provision pro-vision for excessive taxation on ve-1 ve-1 hlclea which are used for tho purposes of gaining a livelihood. Vehicles are already subject to the regular property tax. Governor Spry yosterday submitted his reasons for vetoing the Uadger liquor bill, ;ho police and lire commission com-mission bill, and the two bills proposing propos-ing the Des Moines plan or government govern-ment for Salt Lfige City. The veto message in relation to each subject is appended herewith. In response to a query as to his position on these bills, Governor Spry said he had expressed his reasons 'u full In his veto message, and lurther than that he did not care to discuss them. To a friend, however, the governor gov-ernor made the remark that ho had acted according to what he thoujlit proper in the premises. At. 11:60 ye&terday morning action on the last bill remaining herore hlin had been taken by Governor Spry, tho last measure to receive his approval, being senate bill 61, by Burton, providing pro-viding for the establishment ol a state insurance department. Other measures to be approved by tho governor wore house jUl 230, by Nlolson. preventing certain abuses In connection with ihe drilling, operation and abandonment of oil wells on land producing or containing natural gas; senate bill 52, by Wilson, creating a reservoir land grant fund; houso bill 133. by Dyreng, classifying and defining de-fining transient stock, and providing for tho assessment .and collection or taxes on tho same; senate Joint resolution reso-lution No. 2, by Miller, proposing an amendment to the constitution relating relat-ing to U.c rate of taxation; house bill 57, by Henrie, deliulng the powers ot county commissioners as to roads; house bill 55, by Henrle, creating a state road commission; house bill 5, by Henrie, defining the powers ot county commissioners relative to special spe-cial road district taxes, the last threo being part of the eerleB of good roads bills. One of the series, houso bill No. 59, taxing vehicles, was vetoed by his excellency, but outside of that one instance, in-stance, the good roads measures, including in-cluding house bills 55 to (i0, have now become part of tho Utah statutes. The Badger liquor bill is vetoed tor the reasons assigned by Governor Spry in his letter to the secretary ot state as follows: - "I herewith transmit to be filed m your oflice Senate Bill No. 148, by committee on manufacture and commerce, com-merce, 'An act relating to the manufacture, manu-facture, sale, bartering, giving away, or otherwise furnishing or intoxicating intoxicat-ing liquors,' etc, without my approval. "There is in this act. 6ome unconstitutional unconsti-tutional provision that T have, pointed out as being in Senate Bill' No. H'd. 'An act providing for police and lire departments in cities of this state ot 12,000 and more Inhabitants," etc.; that is, there is by this act, a class ot municipal corporations erected tor special purpose without reference to the existing classification by general law. I refer to the provision or tho act which provides for election in counties and in sub-dlvlslons thereof, and in cities containing more than 12,000 Inhabitants, to determine whether wheth-er or no the sale a"nd manufacture ot intoxicating liquors shall bo prohibited. pro-hibited. "The class mentioned in the act ana in these provision is. not one or the classes already created by general law. It is a class created by the act ltscir, and for the purpose or the act. "Such a special classification is, in my opinion, unconstitutional. That being true, it would result in leaving a portion of the state that would not como within the local option provisions provis-ions of this act. That Is, In cltlea containing more than 12,000 inhabitants inhabi-tants there could not be held elections to determine whether or no intoxicating intoxicat-ing liquors should be sold or manufactured, manu-factured, and that being the case, tno law would not operate uniformly, and for that reason all that portion ot this act wherein it is prov lded for such election, must necessarily fall. "And it furthor appears to be upon the reading of this act that these provisions pro-visions providing for the elections, as 1 have already set out, are so connected con-nected and intermingled with the other oth-er provisions of the act which provide for tho regulation or the sale of intoxicating in-toxicating liquors, that ir this portion which I have pointed out as being unconstitutional un-constitutional must fall, the whole act itseK would necessarily be vitiated. "Further, in my opinion, under tho existing laws, the local authorities have power to prohibit the sale of liquor, li-quor, and whore licenses have been granted, to revoke such licenses at any time when the law and conditions connected con-nected with the grouting or such licenses li-censes are not compiled with, "With a proper enforcement or existing ex-isting laws the liquor traffic will be within perfect control and ir desired, can be prohibited. "The tale or intoxicating liquors is now prohibited successfully In many parts of the state under tbe exlstln;; laws. Such being the case, 1 can ?ee no good reason why the present situation situa-tion should be tampered with by unnecessary, un-necessary, pernicious and disturbing legislation." Other vetoes of the long list submitted sub-mitted by the governor yesterday were the following, roost or which are considered con-sidered more or less Important: I trausmit. herewith, for llle in your office, senate bill No. 197, by Benner X. Smith, entitled "An Act to amend Section 1113x23, Compiled Laws or i Utah, 1907, relating to the location ot pesthouees," without my approval. The last provision or section 1 or this act reads: "that fo all other purposes pur-poses there may bo established only one pesthouse, asylum or hospital in any city or town." Such restriction of the rights or |