, 1888-02-22

tiously performed his duty and desired
simple justice.
Following is the ext of the veto mes
sage:
EXECUTIVE OFFICE, Cheyenne, Wyo.,
Feb. 2l.-To tie Honorable House of
Representatives, Tenth Legislative assem-
bly,: GENTLEMEN-I have the honor
to return herewith house enrolled act No.
9, without my approval
This is to me a very unpleasant duty,
for | had hoped to be able to give the
enactment a hearty approval, and thus be
able to assist in som degree in a~llaying
the feeling now existing against the pres.
emit maverick law" The bill before me
Is In many respects a great improvement
upon the so-called maverick law, bat it
contains much, in my opinion, even more
dangerous and far reaching for evil.
Section l provides that the governor
during the present session of the legisla-
ture, and at each session thereafter, shall
nominate and, by and with the consent of
the council, appoint board Of live stock
commissioners,
Sec. 3 provides that the live stock com
missioners shall hold their offices for two
years, and until their successors shall have
been nominated and confirmed and shall
have qualified.
Sec. 3 is a direct challenge of the APP
pointing power, and an encroachment up
on the heretofore recognized rights and
p%rerogatives Of the executive. This Sec
ton virtually places the council over the
executive in the matter of appointments,
and enables that body to dictate the nom
nations, after the first set of commission
ers shall have been commissioned. Let
us reason together on this point.
The first section empowers the COVER
nor to nominate the commissioners, and
by and with the consent of the council
appoint them; that is, when they shall be
confirmed they are to be commissioned.
The third section defines their terms of
office to be two years, and they will be so
commissioned. Before the expiration of
the two years. and while the next council
Is in session, new nominations must be
made by the governor, and submitted to
the council, who need not confirm them,
and by so doing, continue the old com
missloners in power for two more years,
although their commissions shall have ex-
pired. The next council four years hence,
can do the same thing, and so on, thus
virtually Ignoring the appointing power
of the governor, and continuing men in
office whose commissions have long ex-
pired. This section may be construed as
complimentary to the present appointing
power, or it may have been an oversight on
the part of the legislature, but in either
event, it can never receive my sanction.
After a careful reading of the bill. [
lind complete and perfect harmony exist
ing concerning the third section, and all
the powers, duties and privileges of the
commissioners, for after they are once
commissioned, they are absolutely free to
do as they please. They are beyond the
power Of removal, for lone is provided.
They draw no salary, give no bonds, ac-
knowledge no responsibility, and are sub
ject to no authority. They may ride
rough shod over the rights of others, and
there is no remedy, save in the courts.
They can appoint an unlimited number of
subordinates, and pay them out of the
Maverick fund provided by the law,
hence there is always an inducement to
keep the Maverick fund booming, " and
the inspectors and assistants will not be
slow in gathering in Mavericks, because
that means pay at the end of each month.
Another important point. The commits
sloners and their numerous employees, are
by the third section, offered an induce
ment to participate in elections, and SC
cure the selection of a territorial council
every two years, for such council can keep
them all in office two years longer by sim
ply refusing to confirm any new appoint
ments. The commissioners once appoint
ed and commissioned, can snap their
fingers in the face of the governor, can
laugh at the house of representatives, can
defy all territorial officers, but they must
render allegiance to the council.
Section G organizes the board of COM
missioners by giving the members power
to elect a president and vice president
from among their number, and the selec-
ton of a secretary from among themselves
or from the outside.
The board Of commissioners may APP
point a secretary who is at this moment a
member of the tenth legislative assembly,
and who has had a voice in creating the
office and fixing the salary, although the
law of congress governing the territories
Clause %, page 40 of the revised statutes
Of Wyoming) absolutely prohibits this.
Who shall bring the commissioners to
judgment should they do this illegal act?
They are beyond all authority; they audit
and allow their own accounts, certified to
by their own secretary, and the territorial
auditor and treasurer are required to honor
49,.