The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1899-04-19
STONES VETOES.
The Governor Knocks Out Two Bills
Deemed Full of Danger.
ONE WOULD UPSET LAND LAWS.


For the first time since his insugura-
ton Gov. Stone last week welded the
veto AK. and two bills fell by the way
side. The governor is not disposed to
make use of this power frequently, pre-
ferring to trust to the Judgment If the
Legislature as far as possible. There
fore bis veto messages are certain to be
received with more respectful attention
than those of some Of his predecessors.
The vetOes are both addressed TO the
house of representatives, where the bills
originated, and are as follows:
"I return herewith, without my ap-
proval, house bill No. S5, entitled AN
act TO amend the act entitled can act
to limit the duration of the life of the
debts Of deccdents other than those Of
record, approved the Sth day Of June,
1895, extending the duration of the lien
of the debts of deeedent upon real
estate to five years
'Phe present law which this bill
seeks TO amend gives a creditor holding
an unsecured account against the de
eedent two years i'm which to prosecute
his claim. 1t limits the lien Of the
debt against the decedent TO q period
Of two years after the deeease of such
debtor. The unadjudicated account Of
the creditor is not lien on the real
estate of the debtor during his life, but
becomes such the moment the debtor
dies. This partiality in favor OF the
creditor should not be extended beyond
a reasonable period. / am inclined to
think that two years is reasonable
period, and think it is so regarded in
general by the bench and the bar of the
state.
"The extension of the time to a pc
riOd o.fve years would compel heirs-at-
law to wait that length of time before
they could convey real estate of the de-
cedent with safety and no person could
with safety purchase at private sale
until the period Ofirive years had elaps-
heritsnee in lands should be locked up
for so long a period aud children who
might be dependent thereon deprived Of
the right to enjoy that which their an
eestors intend them to have. This bill
would extend the lien of debts Of de-
eedents upon which the two years had
not yet expired to period Of five years
from the date Of the death of the dece-
dent, and Of course, affect all cases here
after. 1t would throw a cloud upon
titles and put an embargo upon the
sale of real estate. Besides it is radi-
cal and positive change in the rules of
adjustment and settlement of deeedents'
estates, which should never be made
unless justice demands il. Adherence
to settled rules of law in matters that
affect so many people afford better
security and confidence than sweeping
and radical changes
The second veto reads
IL return herewith, without my ap-
proyal, house bill No. Is, entitled AN
act to protect the public from the un-
lawful use of bottles, jars, vessels or
o.her packages in the sale and delivery
Of milk and cream and their products
This act is evidently intended as a sup
plement to the act approved May 4,
1889, entitled An act to prevent and
r,uDfob f6a .,.rO,..f,,I .,oa ~ dafa,f;o.,
or misappropriation of milk cans, but
ter tubs and market boxes, from the
owners thereof, and the mutilatiOn or
Obliteration of the name or residence
OF the owner of such cans, tubs or
boxes" but varies from it in important
particulars The act of 1889 imposes n
penalty for the use of milk cans, butter
tubs or boxes of other persons without
their consent.
This act, when literally construed,
imposes q penalty upon any person who
shall use any bottle, vessel, jsr or pack
age upon which is stamped, blown or
engraved the name, title or mark of
any other person than himself and
might, before ignorant or partial magis-
trates, be used as means Of much an
noyanee TO people who had not violated
the rights of others in the trade. Be
sides, the act of 1889 imposes a fine not
exceeding 500 and imprisonment not
exceeding six months, either or both,
At the discretion Of the court The inn
prisonment of six months seems to be
too great for the offense. This act sim
ply intends to impose fine or imprisOn-
ment upon any person who shall use
the trade mark of another without his
consent. The courts are open to re-
strain by injunction any person who
shall use the name, design or trade
mark of another without his consent,
not only in the milk business, but in
any other legitimate business, and will
award damages for such unwarranted
use.
''I can see no reason why this busi-
ness should be protected by the impO-
sition Of penalty as severe more than
any other business, and am not dispOs-
ed TO favor legislation which seeks to
redress injuries of this kind by severe
and in my Judgment unwarranted
remedies. The title of the act is to pro-
tect the public from the unlawful use
Of bottles, jars, vessels or other pack
ages in the sale and delivery of milk,
cream and their products The public
is already protected by penalties under
the acts of May ., 1876. and July Z, 1885,
for the sale of milk or cream adultera-
ted in any manner but the body Of the
act does not seem TO protect the public,
but to impose a severe penalty on any
person who shall in any way use any
bottle, vessel, jar or other package upon
which is stamped, blown or engraved
any title or mark other than his own.
The bill apparently under the inten-
ton declared ia its title masks the pur-
pose which might be used by design
ing persons 10 destroy that free and un-
restricted competition in legitimate
business which should be open to all. /"
The Appetite Of Goat