Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-04-03
CUMM|NS' MERGER" VETO
GOVERNOR REFUSES APPROVAL
OF THE MoLSBERRY BILL.
Text Of the Governors Message to
the Senate.

Text Of the Governors Message to
the Senate.
~ To the Senate of tie
le4t Twenty.n ninth Gen
of the Veto eral Assembly:
xr l return herewith
message senate hle No. 1SS,
Dill for an act to amend section 16l1 of the
code. relating to the authorized indebted
q sera 70 yger ,na IN
compliance with my duty under the con-
stitntion. l respectfully submit my objec-
lions to the proposed amendment.
TO section q. article l. and section %, arti.
Gle 3, OF the constitution of the state OF
Iowa. The former provides that "all laws
OF general nature shall have a uniform a
grant to any citizen or class OF citizens,
privileges or immunities, which upon the
same terms shall not equally belong to all
citizens" The latter. insofar as the ques-
tlon here Involved Is concerned provides
that I'm all the cases above enumerated,
and In all other eases where general law
can be made applicable, all laws shall be
general and of uniform operation through.
out the state"
A brief analysis Of the bin In connection
with the existing law Of the state will In.
has been the general law 81 this state, at
least since the code OF 1851. that the In
debtedness of corporation organized un-
der the laws of this state is limited to two
thirds of its capital ssock. Various excep-
tons have, from time to time been engraft.
Ell upon the general statute, which will be
noticed hereafter. The DILL under examina-
lion removes certain class OF corpora
lions removes from any limitation or restric-
don respecting the amount of indebtedness
that may be lawfully created. The class
In the bill as follows: ANY railroad COR
poration owning or operating a railroad or
railroads In this and any other state
uoyd. a. The language 10
used divides, pri-
tutional. classes: first, those
corporations which own or operate a line or
lines of railway lying wholly within the
a line or lines OF railway lying partly with
In the state and partly without the state.
The railway companies constituting the
state OF Iowa, remain under the restric.
tons, whatever they are, OF the statute.
The railway companies of the latter class,
and at this time they are few In number,
privileges and powers In that they are per-
mltted To incur Indebtedness without Inn
itation. 1t Is, therefore. palpable that a
sharp discrimination between the two
anc the inquiry Is, has the general assembly
consu .utional power to create the discrim-
inauonf This subject Is one which has
often engaged the attention of the supreme
court OF this state, as well as the supreme
court of the United States, and the law
respecting 1t is perfectly familiar. The
.gnt OF the general assembly. under our
consultation, to classify men, municipali-
Ties, and corporations, and 90 impose upon
all men, municipalities, Ond corporations of
one class law that does not apply to 9th.
er classes, has cften been recognized and
sustained. 1t has, however, been CONSTANT
~ declared by the courts that the classif.
cation must describe natural conditions and
grow out or differences which exist In the
seIy nature OF things. The classification
cannot De the mere arbitrary will of the
tawmadng power. To illustrate, we have
z statute imposing the railway companies
T.. napinty 20 an empioye, engaged In the
nazarus OF the operation of a railroad, for
sne negligence OF co-employ es; and IL has
peen held constitutional although IL does
,,fn apply to other corporations or EN-
Rioyes. suppose, however, that the legis-
lature had attempted to declare that The
railway companies owning lines OF railway
running east and west should be liable TO
s,nP, re, Tor the negligence of co employees,
snu tnat the railway companies owning and
operating lines OF railway running north
ana south should not BIZ so liable. The mn.
OF sun q measure would
Gives Again, we have
y,, statute requiring raiI-
tration. automatic coupiers
h.
Thought OF the validity of the law IL this oh.
igation We're imposed only upon railway
companies ''ownng or operating n Railroad
u, ~ railroads In this and anysotber state?'
nese instances might easily be multiplied
ndehnitely. We have scores OF enactments
'ither comforting powers or Imposing duties
ipon railway companies, and invite your
'e'en r 10 them to show how futile 1t Is
20 prescribe classification respecting the
light to incur indebtedness upon the basis
mat one class Is wholly within the state
anu the other partly outside. The mere
circumstance that n portion of a line of
railway extends Into an adjoining state
creates no difference In condition as com
pared With line of railway wholly within
me state. IL Is impossible to impute a reason
for permitting a railway company that has
gone beyond the state TO incur Indebted
ness without limit, that does not apply with
equal force 20 railway company that has
remained within the state. II II is wise 10
withdraw the safeguards which have here
tofore been recognized as to the companies
with a line outside the state. u is equally
to the companies whose lines do not pass
beyond the borders Of the state, | cannot
but regard the classification as arbitrary
and groundiess. and ! am. therefore, con
strained 70 the opinion that the proposed
tion.
Another Case tn, e,oi T., however,
Of Rank cation In the bill that
DASeA A"o- able. IL not only Sc
gregates railroad corporations which extend
beyond the state from all other railroad
corporations, but II limits the privileges
conferred by the proposed amendment TO
railroad corporations owning or operating
a railroad or railroads In this state and
any other state; that Is to say. before
any such company could acquire the bene-
fits Of the bill, It must actually own or
operate line both within and without the
state. II railway corporation were or
"a nized under the laws Of the state for the
purpose Of constructing line of railway
from Des Mones TO Chicago, IL would not
statute. for the reason that II would neither
Dwn or operate line. The very purpose
,f all the enlargenents which have hitherto
been made has been to encourage the build
ng OF railways; but this bill declares that
/ line must he already Uuilt before the
owning IL would have the right
to Incur Indebtedness without limit. | very
especially submit that such classified
don can lind no warrant In our constitution
and must fall when tested by the authority
which controls both the general assembly
and the executive.
uo,,,d II. however, the biIi
wou" were In harmony viii,
Not Favor 1t the constitution.
Anyway. yiYa G nv unable annre.a tg
for the reason that It is so radical de
parture from the policy which has CON
trolled the state In Its relation to corpora
ticns for more than q half century, and its
effect would, In my Judgment, be so sub
yerslve OF the best interests OF the people,
that II we'll deserves further consid6 ration
by the general assembly.
review Of the development Of the law
apon the subject Is necessary to fair
of the results of the bill.
Section go OF the code Of 1851. relating
A Photographic marriage was late.
ly performed in oswego, N. Y. The
bride was living in house quaran-
tined because of smallpox, and In the
presence of witnesses she spoke into
a phonograph these words: II. Nellie
Stone. do take this man. James f.
to be my lawfully welded
husband" etc. The register was then
and taken to the groom's