The Leavenworth weekly times., 1878-08-08
VETO MESSAGF.

on page III OF TIE House JoCrESl 10
1871, viii be foUad the following
| MESSAGE FROM THE GOVERNOR.
The following message from the Govern
lc "as received, and read:
To 1s LsgisIaus:
! return 10 yOu herewith substitute 70
House bill No. 39i, entitled IAN act in re
lation to taxation in Leavenworth county
abd 10 repeal chapter 80 of the Laws o
1874" l cannot approve this bill, and as /:
reason therefor, submit the following oh
| jectionS:
The bill undertakes to limit the poweI
| of local taxation given 10 The Commission
ers Of the county OF Leavenworth BY the
statutes to given rate per cent. on the tax.
| able property OF the county, and names the
purpose for which such levy and collection
! may be made 1t also forbids the levy aud
collection OF taxes to amount beyond or for
purposes other than those named in the bill,
and denounces penalty Of fine and impris-
onment against the commissioners on con-
viction OF violation OF its provisions
The circumstances out Of which the pro-
posed legi- i-lation grew are substantially as
follows: The county Of Leavenworth, un-
der authority of the General Statutes Of
the State, issued from time TO time in the
past large amounts of bonds 70 aid IN the
construction of railroads both within and
beyond its borders The statutes under
which sucn bonds were issued contain 4
mandatory provision that the commission
ers should levy and collect taxes from The
property OF the county to pay the interest
and principal OF such bonds.
OF these obligations there are now out
standing 10000, of which about $780,
600 is in the form of judgments obtained
against the county in the United States
courts. To meet these mature and matur-
ing obligations is held TO be a business i'm
possibility, ard you have authorized the
county, in House bill No. liz, which has
been approved by me, To Issue new series |
OF bonds TO redeem the outstanding obliga- |
tions upon the basis Of 4 compromise there |
in limited.
herewith returned 10 YOU, which forbids the |
levy and collection OF 4 tax TO pay interest
or principal due or to become due on orig
inal obligations; thus, ii valid act, lore
ing the creditors Of the county TO accept the
terms made to them on behalf Of the county
under the provisions Of TIE enabling act
rou have provided for compromise.
Ii will be admitted by every one that this
,ill, if completed by my approval, would
nave no legal validity or effect beyond that
If an act of hindrance as a temporary
hield for the county commissioners, in
efusal to perform the duty Of levying and
taxes TO meet the obligations of
he county at the time and in the manner
,rescribed by the statutes under which the
litigation arose.
1t is held by the United States Supreme
'ourt that "wheTe n State has authorized /
municipal corporation to contract, and 10
xsrcise the power Of local taxation, neces-
ary to meet its engagements, the powers {
hus given cannot be withdrawn until the i
oLtract il satisfied. The power given be-
ONES trast which the doner cannot an {
al, and which the donor is bound to exc |
ute" T
The spirit of this decision by the United c
tates Supreme Court is in full accord with i
&c letter Of the constitution of your own I
tate, which has in terms forbidden the :
tate 20 do for itself the precise thing this
i'll proposes to compel the county commits
oners TO do Tor Leavenworth county.
Section Of the constitution of the Sta'e,
hich provides for the creation of State
ebt, and the Issuance Of bonds therefor,
Tvs that every law authorizing such obli-
alton shall provide for levying an annual
* sufficient 10 pay the annual interest Of
ich debt, and the principal thereof, when i,
shall become due. And such appropria- =
IN s.alt not Be repealed, nor he tuJes post- n
Md or diminiIied until Tie interest AID pria- !,
pei # such d,JtshqH hire been rhoiiy paid" a
L., ,-;ar- 81 na a. !
.retoforc ard by you enacted to aid muLi- h
palitics 10 incur the character Of liabiii- o
Is, this bill vsInly undertakes to shield
county from the consequence Il
I, it is both wise and just to have it under e
bod that no act OF the State can ever i'm i,
Iir the obligation they are given the OPP st
,rtunity 10 assume. b
IL is kind OF legislation which cannot o,
a.Criaily aid those in whose interest il is II
ID, ami can do no less than work an i'm .,
irment of the honor AID credit OF the ii
ate. Very respectfully, ii
GEORGE I. ANTHONY, q,
Governor. n
EXECUTIVE DEPARTMENT, :"
,rEKA, KAN, March :, 1877. p,
On the question "shall the bill pass, the al
'vernor's objections to the Contrary not u
the following gentlemen are "a
ind recorded as voting aye. 1t will be h,
n that most Of them are prominent men, ga
d well known to large numbers OF the q. a.
ople Of the State: re-
VI. ssrs. Adams, OF Pawnee, Arnold, Bet sI
, Biddle. Bohrer, Bradish, Clarke Of I.eay- ST
worth, Clvmer, Cochran, Collins, Dixon, Il,