The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1899-02-16
VETOES FIRST BILL.
Governor Barnes Against Heavy
Expenditures.
GIVES MANY REASONS THEREFOR.
Goes over the Ground Thoroughly and In
In Dstaii-AsLs for Bstter show
ting Than That Made By For
mer Legislatures.

FVh Legislative Assembly Of be Ter
rttorv Of oklahoma:
Mr. SPEAKER AND GENTLEMES:-The
Organic Act which is the Fundamental
law governing the Territory Of okla.
homa, provides that the legislative uu-
thority of said territory shall be vested
in the governor and legislative Assem-.
bly, and that said power shall extend
to all rightful subjects OF legislation
not inconsistent with the constitution
and laws of the United States.
Said act further provides that every
bill which shall have passed the Coun.
said territory shall before it becomes a
law, be presented TO the Governor Of
the Territory. II I've approve he shall
sign it, but IL not he shall return i,
with his objections to the house in
which it originated" or he may by si-
lent acquiescence permit the same to
become law at the expiration of five
days from its receip, by him, without
su ubmitting his approval or objections.
Under the provisions OF the act
above referred to | have before me
House Bill No. II, entitled An Act
Making Appropria tions for the Ex-
penses OF the Officers and Clerks Of the
Fifth Legislative Assembly," which
bill is in words as follows, to-wit:
BE it enacted by the Legislative As
sembly of the Territory of Oklahoma.
Section /. That there is hereby APP
propriated out OF any money in the
Territorial Treasury not otherwise ap.
propriated the sum of Five Thousan nd
Dollars, or so much thereof as may be
necessary to pay the services of the
officers, clerks and employees of the
Fifth Legislative Assembly of the Ter.
rtory of oklahoma, and the territorial
auditor shall draw warrant for such
portion thereof as may be by him
found due, upon auditing the respec-
tive claims thereof in favor of the per-
sons TO whom such claims are allowed
upon the Territorial Treasury.
Section 9 This act shall take effect
aud be in force from and after its pas
sage and approval.
Tuos. II. REID,
Speaker of the House.
| HUGH MCOkEDlE,
President of the Council.
1t becomes my official duty as par
Of the legislative power of the terri
tory referred to, either to approve said
bill or to acquiesce without approval
and permit the same to become law
without my signature at the expira-
ton of five days from the date of its
| i.NA lac, %. la
House in which it originated with my
objections thereto.
The legislative assembly has now
been in session "a days and this is the
Rrst and only bill winch has come to
my hands for consideration. | regret
exceedingly that my convictions of my
duty to the people of oklahoma com
pei me to return this bill to you with.
out my approval
1t is my duty TO stand between the
treasury which if supplied with funds
by the taxa tion of the people and the
unlawful aud the unwarranted and eX'
travagant expenditure of such funds
no matter by whom or under what
specious and plausible pretexts the
same may be attempted.
My objections to this bill are first
fundamental /. e., that it is inconsist
snt with the laws OF the United States
and is therefore nota rightful subject
Of legislation and second, that il is
unwarranted by any necessity OF pub
lie service and is an eXtravagaat and
wnsteful use OF public funds.
The laws of the United States bear
ing upon this question are summarized
as follows:
The organic act establishing our ter
ritorial government confers Legislative
power upon the governor and the leg
islative assembly, which power ex
tends only to 'rightful subjects Of leg
islation not unconstitutional and the
laws of the United States" Section
1861 X. S. u, ;. as amended by oct June
10, 1878, designates specifically the sub
ordinate officers of each branch of the
territorial legislature aud provides 70,
their compensation and payment 10y
the United States and says mo greater
number of officers or charges per diem
shall be paid or allowed by the United
States to any territory"
See. 1855 Il. 5 o. $. reads, mo law
Of any territorial legislature shall be
made or enforced by which
the members or officers Of any terri
torial legislature are paid any compen
satioB other than that provided by the
laws of the United States" and See,
tion 1883 Il, 5. U. S, provides that Nc
| legislative Assem- [ ly ia territory shal
in any instance or under any pretext
exceed the amount Appropriated by
Congress for its annual expenses"
In the case of National Bank VS.
County of Yunkton lOl L. 5. l29, Mr.
Chief Justice Waite in announcing the
decision of the Supreme Court OF the
| United States, says:
"All territory within the jurisdiction
of the United States, not Included il
any state, must necessarily be govern
ed by or under The authority Of Con
greSs The relation OF tn,
territories 10 the general government
is much the same as that which coun
ties bear to their respective states anC
Congress may legislgte for them as
state does for ils municipal corpora
tions. The organic law of territor,
takes the place OF constitution as IN,
fundamental law OF the local govern
ment. 1t is obligatory aud binds tn,
territorial authorizes Congress ha,
full and complete legislative au,hori
~ over the people Of the territories
and all the departments OF the terri