The record-union., 1897-03-03
NO SOCIOLOGIST.
Governor Budd Gives His Reasons for
Vetoing the Bill.

Governor Budd yesterday vetoed Sen
ate bill No %, relating to the authoriz-
alton and employment of a specialist
in sociological education in counties
and cities and counties, and providing
for the duties and execution of the
work of such specialist. The bill is
vetoed on the ground of unconstitu-
tionality In giving his reasons, among
other things, the Governor says:
THE bill presents an attractive idea,
and suggests possibilities as limitless
as inhere in organized society. Had
the question been presented to me in
legal form, hesitate to say what might
have been my disposition of it. I
need not now, however, discuss the
question of its practicabilty or it's
policy, as in it's present form it is
plainly in conflict with the constitu-
tional inhibition upon the Legislature
passing local or special laws. No pro-
vision of the Constitution is given more
emphatic utterance, none of it's man
dates so often repeated as that local or
special legislation shall not be enacted.
The Constitution expressly permits the
classification of counties for the pur-
rose of fixing the compensation of Off
GERS, and of municipalities in proper
ton to population for the purposes of
incorporation and organization. No
other classification is permitted by the
Constitution unless it is a natural one
which inheres in the subject matter of
the law and constitutes it class by it's
natural individuality.
The Legislature may classify for the
purposes of legislation where there is
some intrinsic reason why the law
should operate upon some and not
upon others. but it cannot legislate con-
stitutiOnality by making separate pro-
vision, or imposing restrictions in the
exercise of a common right upon a
class of persons arbitrarily selected
from the general body of those who
stand in precisely the same relation to
the subject of the law. 1t is necessary
to the validity of this natural and in
trinsic classification that there be
something more than a mere desig-
nation by such characteristics as will
seem to classify, the reason of the
classification and the necessity for ex-
elusive legislation must be apparent.
There must be a substantial distinc-
ton between the person or things en-
those without 1t. The marks of dis
tinction must be such as in the nature
of things will account for the limitation
Of the enactment.
"A special law is one referring to a
select class, as well as to the partcu-
lar object. A general law must be
as broad as its subject. Does the bill
In question meet these requirements? 1t
very plainly does not. What is it's OBJ
ject? To promote moral education, to
eradicate crime, to reform society by
the correction of the evils to which it
is subject. To accomplish this purpose
it provides that whenever in any coun-
ty, or city and county, the number of
children attending the public schools
amounts TO $4,000, and whenever the
number of inmates of its prisons, poor
houses and reformatories amounts to
l 900, three of the county officers shall
elect a competent person as special
ist in sociological education" 1t will be
noted that no attempt is made to fol-
low the classification of the counties or
of municipalities established by the
Legislature under the express permis-
sion of our Constitution. An arbitrary
and unusual classification is attempted,