The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-02-27
A VETO TO BE IGNORED.
The Five Per Cent. Public Land Fund
Merely Held in Trust.


SALEM, Feb. 22.-The "omnibus wagon
road bill' was not received by the gov
ernor in time for his excellency to return
it with his veto before the legislature
adjourned sine die. 1t was, however,
fled Saturday evening in the Office of
the secretary of state. Following is the
veto:
81 herewith return house bill 306 with
my dissent. This bill appropriates &c 'out
of the per cent, United States land
sale fund of the state of Oregon the sum
of $127 ,OoO' % to aid the county courts of
certain counties in the construction of
certain wagon roads specified in the bill.
There is now in the state treasury of the
fun above mentioned the sum of sc, $780,
II. Section 8 of the bill provides that
whenever the county courts of any county
named in section of this act shaIl GER
tify to the eecretary of state that the
amount named in aid of such court has
been expended in the repairs or con-
struction of the road or roads named for
said county, as provided in section 2, or
shall certify that any portion of the sum
set apart for the repairs or construc-
| ton of any road in said county,
| provided for in said section 2, has been ex-
pended and applied as provided by this
| draw his warrant in favor of said county
for the sum certified, provided the said
amount shall in no instance, exceed the
sum set apart in aid of the county court
| for the particular road certified, as pro
vided by section 2 of this act. 1t thus
| appears that the county court must first
incur the indebtedness before the state
assumes it. This is plainly repugnant
to section 8, article II, of the state con-
stitution, which expresslye declares that
1 I" the state shall never assume the debt
4 rf tu nt har
| whatever, unless such debts shall have
been created to repel invasion, suppress
tinsurrection or defend the state in war
The bill is also repugnant to section o.
! the same article, which limits the liabil
tiles of the state to $50 900.
This action of the governor will moi
| disconcert the wagon-road men in the
least. The organic act admitting Ore
Il gon into the Union provides that the
proceeds derived from per cent. of the
sale of public lands in the state may bt
used for the building of public roads OF
other internal improvements, as the leg
islature may direct. This bill, which
the governor has just vetoed, is not al
appropriation of state money, in an,
sense, but merely direction of the leg
I islature how the land received from tn,
United States shall be applied. Despit.
:. the growing "Pennoyer boom, the gov
ernor is not yet president, and cal
hardly hope at the present time to vet.
an act of congress. The bill did no
! recognize the governor at all, for tn
emergency clause read that it "shall b.
in effect from and after it's passage.
The county courts of Josephine AM
Curry counties will test the soundnes
OF this position Immediately, The roa.
, down Rogue river will be built as sool
as possible, and then the SECRETARY Q
state will be called upon to draw hi
warrant for 600 for the two counties
, Should he refuse, as he IS quite likely t
do under the circumstances, suit will b
brought in the supreme court to compe
him to issue the warrants, and it is conf
IDENTIFY expected that the court will hol
that the governor has no power to direc
or interfere with the legislature in tn
disposition of this fund. The weakness
: of the governors position was pointe
out by himself, it is claimed, when h
sent his message to the legislature, urg
ing 1t to take steps to get the consent c
congress to the transference of thi
money to the common school fund.