Arizona republican., 1899-03-13
THE GOVERNORS VETO
His Reasons for Not Signing Bill
 KboiiShiRg funding Commission.

ADonSha9 FundiH1 Commission.
 The following is the text of the gov
 ernOr's veto of the lean commission
 bill which was sent to the council on Saturday:
 "To the Honorable, the Council of the
 Twentieth Legislative assem ply Of
 Arizona:
 T have the honor to return with out my approval council bill No. 3S, for the following reasons:
 If signed, it would be entirely nuga- tory and imperative, as is clearly set forth in the opinion of the attorney general herewith, which is made part of this message, and to which your at tentiOn i espectfuIly invited; and while the terms Uf the bill do not so specify, it is presumed that it's purpose is 10 prevent the perfo- n-aDce Of official duties under existing law which may conflict with public interests and pol icy
 The questions involved are purely legal, which can only he reached | through the courts and congress. The ! legislature Of the territory has clearly nc Jurisdiction over, nor power to set | tie them. Whether CT not the legisIa- tion which created. and has continued | the loan commission has been wise and | beneficial, are questions Cf policy. and | net of law, and are not pertinent in this connection; and the same is true | a5 to the manner ir which the law has ] been CT may be'eXecuted. It is the law itself only with which you have now to l deal. If unfortunate and unjust bur Gens have been imposed upon the peO- . pie in the past because of the opera | of in 1of,Tr f it is feared that the law will work hardship in the future, the proper re- course is with congress to repeal un- just statutes, and with the courts to control the manner Of their execution, and, if necessary, enforce or restrict them by mandate CT injunction. It may have been unwise to fund certain indebtedness heretofore. and it may be unwise and undesirable to fund any further indebtedness; yet pro- cedure that is nUg&tO.y can in no wise relieve the situation, and it is not inn proper to say that tine act of funding obligations does not make them legal nor validate them in any way. \ con- verted security is just as much a proper subject for legal attack after as before conversion. The material question here involved is, whether or not the legislature has power to abOl- | ish the loan commission and repeal certain laws. Tn my judgment, it is clearly, evident that no such power ez,- ists, and that the only proper way to | accomplish such result is through congress; and the only proper way to reach invalid securities is through the courts
 A careful reading of the report of the attorney general is requested. (Signed) x. o. MURPHY,
 "Goyernor" Office of the AttoTney-G General. Phoe-
 nix, Arizona, March 10, 1899.
 Hon N. 0. Murphy, Governor of the
 Territory of Arizona, Phoenix Ariz.:
 Sir: Replying to your favor of March 3. in which you request my of ficiaI opinion upon council bill No. 3S Of the Twentieth legislative assembly, entitled An Act to Abolish the Loan Commission and to Repeal Sundry Laws Relating Thereto" also as to the legal points involved in connection with the different congressional acts Cn the subject, and whether CT not such a law wculd be operative and could be enforced; also as to it's prob | able effect, beg to report that in my opinion this act il it should become a | law would only have the effect to re- peal section one cf act No 79 of the | session laws of the Sixteenth legisia- ! tive assembly,
 So far as council bill No. 3S at tempts to repeal paragraph 2039, sec | ton 1, chapter 1, title 31 Of the revised l statutes Of Arizona, 1887, the act would l be nugatOry, as there is no such sec tiOn tc repeal Congress by act aD- proved June 25. 1890, amended title 31, revised statutes Of 1887, known as the finding act, and as amended 1t ap- proved and confirmed it subject 70 fu ture territorial legislation, and ce- beaIed all acts in conflict with tie pro- visions of the act as amended. If, on the other hand, it is the purpose or in tenticn that council bill No. 38 reDaals this act as apDc0ved and confirmed by congress, then it is clearly beyond the province of the territorial legislature to dc so.
 It will be observed upon reading the act of congress of June 9, 1890, that among ether things it provides that the existing and outstanding indebted ness, together with such warrants as may be issued or the necessary and current expenses for carrying on ter