The Portland daily press., 1883-09-14

CONCORD, N. H., Sept. 13.-In the House to.
day the Secretary of State presented the
following message from Governor Hale:
New HAMPSHIRE EXECUTIVE DEPARTMENT, J
CONCORD, Sept IL, 1883.
| To the House of Representatives
The bill entitled San act to establish a
Board OF Railroad Commissioners is here
! with returned without my signature. The
provisions of the bill, except the first section,
are Important to the welfare OF the State and
meet my approval My objections are to the
requirement in that section OF certain specified
qualifications of the commissioners, and also the
method adopted for their election. One COM
missioner must be "learned in law and an
other "civil engineer" learned and skilled
n ms profession. II these qualifications are
important and can be obtained they certainly
should be secured by the power that elects or
appoints the commissioners. But to make
these indispensable prerequisites may lead to
mischlevous consequences or three best and
most available citizens for commissioners pos-
sibly no one may be 'learned in law" and in
that event the election of lawyer should not
DO forced. 1t is conceivable that there NAV be
IN the State no "civil engineer skilled and
learned in his profession who will accept
put the commission should not therefore be
leit uncreated. There might happen to be
only one such engineer in the State, and, if so,
ne ought not TO be thus legislated upon a COM
mission by law, but not naming him. The
Huafacber ana QUALIFICATIONS OF Tue hppol1LceS
shorid, IN my Judgment, be left entirely TO the
discretion OF the appointing or electing powes,
which will be thus responsible for the commits
sion in every part and as whole. 1t is also
my opinion that any law, which, in the APP
pointment or election of public official ex-
cludes from the field Of choice the great mass
Of citizens of the State, Is violation of Arti-
Gle IL of the Bill of Rights, which declares,
sEvery inhabitant of the State having proper
qualifications, has an equal right to elect and
be elected into office" All disqualifications
for election to office contemplated in this arti-
Gle, must be disqualifcatiens for any office
whatever, applicable to the mass of the inhab-
itaDts, and not disquaificatlons of certain citi-
zens for particular Office. Every citizen may
not be entitled to be appointed or elected one
OF the Railroad Commissioners, but every citi-
zen is entitled to stand before the appointing or
electing power with no dissualifying stigma
affixed to him by any statute Of the State.
The election of commissioners by the two
houses OF the Legislature in joint convention
is, also, / think, unwise and injurious
method of electing State officials. The Com
missioners are not in any sense nor for any
purpose officers of the Legislature, but high
State officers to hold for the long term of six
years and to perform important duties, super
yising all the railroads of the State, enforcing
all laws concerning all railroads and fixing and
changing, as the public good may require,
charges for transportation, passengers and
freights upon the several railroads operating
Witnln the state.
The preferable method of selecting such off.
GERS is, in my judgment, either by election by
the people or appointment by the Governor or
Council. The constitution declares that the
legislative, executive and judicial powers of
the government ought to be kept as separate
and independent Of the other as the nature and
form of the government will admit. The cleo
tion OF one officer to be elected by the Legis-
lature and to be commissioned by the Govern
or is an anomaly in government. The
natural and legitimate function of the
Legislature is to enact laws and not
to elect or appoint officers, and the few
cases in which the Constitution now allows
such elections ought to be the limit of its vic
lation. This is the true theory of Republican
government. My objection to the method of
electing the commissioners might perhaps be
waived, but that TO the needless and unconsti-
tutional attempt to disqualify for the office of
Railroad Commissioner nearly all the citizens
of New Hampshire is insufferable, and I am,
therefore, constrained even at this late period
OF the session, to disapprUve OF the bill
(Signed) s. w. HALE, Governor
Mr.. Stevens of Nashua said while he was
not surprised at the message, he was at some
OF the suggestions contained therein. II the
Colby bill is to become a law, a commission
bill, in some shape, should be enacted. On his
motion the communication from the Cover
nor was referred to the Judiciary committee.