Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-08
AN ELOQUENT DENNUClATl0N
SAYS HE WAS WARNED TO LOOK
OUT FOR HAVING THE BILL
STOLEN.
NO NEED FOR CHANGE OF LAW.
Also Vetoes Beet Sugar Bounty Bill.
His Party is Against Every
thing of the Kind.
special to the Inter Mountain.

Special to the Inter Mountain.
Helena, March S-Gov. Toole this
morning vetoed senate bill 81. providing
for change of venue in .ivi! cases He
begins by referring to the. manner. IN
which the bill was rushed through, to the
struggle in tie senate with Lieut. Gov.
Higgins, and the legal proceedings to
compel him to sign the bill. He speaks
of the request by two citizens for a dep
uty sheriff to be on duty in the corr1-
dor and about the windows of tie gov
broke in that night, a thing that was
broke in that night. A thing that was
never known to have engaged the atten-
tion of dIsinterested citizens before All
these things, he says. challenge the clos
est nves sigation, and he flies his objec-
tons at the ear lest possible time, lest
the apprehension manifested for it's
safety in my office may possibly be real
ized.
He then declares that such statute is
an invitation to the unScrupulOuS and
designing to prostitute it to unworthy
and ignoble purposes, and singles out dis
trict judges as the special marks for the
character assassin. He asks what crying
the long established modes of trial in civ-
ii cases. He calls it extraordinary legis-
lation. without counterprt in substance
| or form anywhere in the United S/.tes
! 1T will unnecessarily increase the VOL
ume of business in the supreme court.
adding another terror to the impecunfous
littgant by the expense Of two trials
where one ought to suffice. 1t is unusual
and extraordinary in allowing the SUI
preme court to change the place of trial
instead of substituting another judge,
This great imperfection was never dis
covered until litigation of great magni-
tude found a representation in the
lobby"
The governor proceeded to speak of tbs
opportunity the bill gives the affidavit
man and spotter, seldom sought ami
never bought, except for cash, and saws
IT, viii pervelt the law from it's sacred
purposes by setting forth fictitious
claims and trumped up charges.
IF in all the state,' says he, there
be dishonest judge, doubt not he Will
be found and spotted and forthwith
there VIII applications for trial be made
and to him will the venue be changed"
lie asks: why confine the suspicious
and means of investigation to district
judges? Why not apply the bill to every
judicial officer in the state. not eNcept.
ing the judges of the supreme court?'
He continues: IF the apprehension Of
danger be sufficient to suggest the me-,
cessity of a law, let the law be made
broad enough to meet every emergency
in every court, and the constitution
| amended to provide for a supreme court
commission, to act only when require
for this purpose, instead of making this
mNidiCus distinction? But | am frank
to say such action IS as unnecessary AMI
ineXpedient as the bill under considera,
ton, measure which, in my opinion, -
demanded by no public interests, is an
outgrowth of sordid sentiment emanat-
ing from litigants suffering or appre.
hend.ng no real injury, but manifest,y
an effort in disguise to obtain some un-
due advantage over an adversary in a
lawsuit by placing impedimentS in the
way of speedy trials. | cannot, With
my knowledge of the pernicious infE-
ences behind this measure, and in view
of my settled convictions as to the mis-
chief it must foster and encourage in
the name of justice, give my approval
to this extraordinary measure"
Governor Toole this morning vetoed
Senate bill 80, granting a bounty on beet
sugar, because the party to which he 10
attached is opposed to subsidies in every
form, from shipbuilding to sugar beets.
He also declares the bill unconstitu.
tional because it violates Section 80, ara
ticle V, which forbids appropriations to
any person, corporation or community
not under the absolute control of the
state. 1t also violates Section l, article
Kill which forbids state, city or town
to give or loan credit in the aid of any
individual, association or corporation.
House bill 129, to- refund S6S0.13 10
three persons on account of taxes. is also
vetoed as unconstitutional.