The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-28
BOWS TO CHURCH
AND KILLS BILL
Governor Cutler Throws Har-
p0On Into Eminent Domain
Bill, According to Orders.
T0RREN'S LAND BILL
ALSO MEETS SAME FATE
Governor Had His Table Cleared
by Tuesday Midnight;
Bills approved.

Governor Cutters last official, act. as
far as the last Legislature is concerned,
was his veto Of the eminent domain
bill Thus the Executive has carried
out Instructions from church headouar-
ters, as conveyed through tho editorial
columns of tho organ Of the Lord, and
the bill is dead. With his vetoe the
Governor transmitted the following let
ter, assigning his reasons for vetoing
the measure
1T appears TO me to be contrary 10
public policy TO have the private enter-
prises declared public uses; and there is
great difference between the right
OF eminent domain for dumping
places and the right of extending that
power over n radius of -four miles to
the great injury of that region from
poisonous fumes and dust.
'rhe act is Objectionable in that il
is special legislation, violative of the
spirit and letter of the constitution of
the State. which says: In all cases
where a general law can be applicable,
no special law shall he enacted That
act is special for the reason that 1t
Grants the right of eminent domain to
Smc,ters in the counties where the popu-
,Ht;on is $4,000 or less, but withholds
thc right in counties with larger pop
lic use, but discriminating against all
those in county having more than 49,
600 by declaring that they shall not
exercise the right OF eminent domain
while other smelters in the State may
do so, it becomes at once special law,
and therefore in my opinion unconsti-
tutional.
'sJt has been said that if the law
is unconstitutional the courts would so
decide and no one would be injured,
While this may be urged IN favor of
the measure, yet there would arise Il
vast amount of veXatious litigation
pending the final decision. Under our
statnJcs the smclterS might take pos
session of property pending the litiga
tion by giving bond, and if at the end
of number of years the act was finally
declared unconstitutional, the property
might be returned to the owner so serl-
ously damaged as TO be comparatively
worthless The only redress the owner
would have would be TO enter upon
another protracted course OF litigation
TO determine the amount OF damages.
The hardships this would work is clear
ly apparent.
The Governor also vetoed the Tor
rens land bill. This act provided that
the owner of land has deed from the
sovereign power. He aplies TO the
State for a decree that he may con-
land he desires, and he gets that de-
cree. The Governor held that because
the adoption OF the system was left
optional with counties it would create
confusion and result in lack Of har-
mony, and if it was desirable 1T should
be made compulsory.
Before midni ght on Tuesday the Gov
ernor had cleared his table, and Sew
enth Legislature had become history.
On Tuesday the Executive approved of
forty.three measures, thirty Senate bills
and thirteen House bills. The measures
approved were as follows,
Senate Bills Approved.
The Governor. Tuesday, approved
these Senate bills;
S. 3. No. 64--To provide for the
placing of witnesses under bonds and
securing their testimony
s. b. No 67-Providing for juvenile
courts, the title, term Of Office and com
pensation of the Judge thereof.
S. 3. No. s2-Relating TO the use Of
voting machines.
S. b. No. 90-To regulate the prac-
tice Of barbering, the registration and
licensing of persons to carry on such
practice, etc.
S. b. No. lo2-Relating TO the regis.
S. p. No. 12S-Relating to privileged
communicable
s. p, No. 1910 amend section 665,
Revised Statutes of Utah, 1898, relating
to the powers of the Supreme Court.
S. B. No, l3l-ro amend section
ing to the powers of trial courts.
s. p. No l47-Relating TO water
rghtsfand irrigation and duties Of the
State Engineer.
s. b. No. l4s-Making il the duty Of
the State Board of Ilealth to make
rules3governing the sanitation and dis
injecting of public buildings, railway
coaches and sleeping ears.
S. B. No. 167-To codify and revise
certain laws Of the State providing for
the creating of the Office of dairy and
food commissioner and defining the du-
ties thereof. and defining standards of
purity of certain foods: to prohibit the
sale of foods below the standard of
purity or that are impure, unwholesome,
aduIterated or misbrandcd and to pro.
vide penalties for the violation of any.
Of the provisions of this act.
s. B, No. l6S-Requiring every coun-
ty clerk TO forward n certified state
mcnt of the names of certain county
officers of his county TO the Secretary
of State, and requiring that the Secre-
tary OF State prepare and furnish the
necessary blank forms for such reports,
to receive and file said statements and
keep suitable record thereof
S. b. No. l72-Maling 1t the duty
of the Secretary of State TO prepare
and file with the county recorders ccr-
tilted transcripts of lists of all public
lands selected by tho State and ap,
proved by the Commissioner of the
General Land Office. under an act of
Congress approved July l6 1884, re-
quiring county recorders 10 enter same
in the records of their Offices, and pro-
viding that said transcripts shall be