The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-25
GOVERNOR BURKE.
GIVES REASONS
FOR ACTION
In Vetoing Oil Inspection Bill,
on Which He Put "Skidoo"
Mark.
DANGEROUS PROVISION
That Relating to Coloring of
Gasoline-Would Make
Mistakes.


Mistakes.
Governor Burke has vetoed num-
Der of bills passed by the legislature
this winter. Among them is the oil
inspection bill. Tho veto messages
sent to the secretary OF state by Gov
ernor Burke are as follows:
Oil Inspection.
March %, 1907.
TO the Secretary of State,
Bismarck. N. D.:
II return you herewith house bill
No. 1873, an act entitled An act to
amend chapter "a of the laws of 1905,
being sections 2213, 2215, 221S, and
1926, in relation to oil inspection"
without my approval, for the reason
that according to the provisions Of
this bill all gasoline shipped into the
state which shall list 68 degrees
Baume or higher shall be colored red,
while other gasoline need not be COL
ored. This I regard as a highly dan
gerous provision in the law. Gasoline
made from the eastern oils being COL
ored red, and the people using gaso-
line Of this color, mistakes are liable
to be made between colorless gasoline
and coal oil, and because of this highly
dangerous provision in the bill, feel
obliged to withhold my approval"
Road Machinery.
House bill No. 300, the bill providing
for the purchase of road machinery,
was another to fall under the ban of
the executive, and the veto message is
as follows:
March %, 1907.
ITO the Secretary of State,
Bismarck, N. D.:
II return herewith house bill No.
300, the same being an act to amend
section 1918 of the Revised, Codes of
the state of North Dakota of 1905, re-
lating to townships purchasing road
machinery, without my approval, for
the reason that an examination of the
present law relating to the purchase
of road machinery by townships shows
that the only object of this law is to
give to the township supervisors the
authority to purchase machinery of
the value of 5000 without first submit
ting the question to the voters of the
township.
Under the present law the township
supervisors have authority to purchase
road machinery of the value of 800,
when necessary, and II any township
Is in need of machinery of greater
value than the sum of 500 majority
of the electors of any township may
order such machinery at the annual
township meeting.
In my Judgment it would be unwise
to change the present law. If a town
ship needs road machinery of greater
value than 500, the township at their
annual meeting may order it, and
am of the opinion that this amendment
to the present law Is not in the inter-
ests of the different townships in this
state. but rather in the interests Of
the machine companies selling road
machinery"
Appointment Of Bailiffs.
March %, 1907.
ITO the Secretary of State,
Bismarck, N. D.:
Il return herewith house bill No.
288, an act to amend section 434 of the
Revised Codes of the state of North
Dakota for 1905, relating to the an
pointment of deputies and bailiffs,
without my approval, for the reason
that the present law gives the Judges
of the district court the power to APP
point bailiffs, and this amendment
would take the appointing power out
of the hands of the district Judge and
place 1t in the hands of the sheriff of
each county. This, in my Judgment.
would be a serious mistake, for the
reason that the Judge of the court
should have the power to appoint the
officers and bailiffs of his court. The
judge Is in charge of the court. The
sheriff himself is only an officer.
CAS- matter of law, do not believe
that the legislative assembly can take
from a court the inherent power to
place officers in charge of juries who
try cases in the court, but, If the legis-
lative assembly has this power, it is
very unwise to exercise it, and in nv
judgment would not be in the interests
Of justice. Therefore l withhold my
approval"
Attaching Unorganized Territory.
March %, 1907.
ITO the Secretary of State,
Bismarck, N. D.:
Il return you herewith senate bill
No. 321, being an act entitled An act
to provide for changing county lines
of organized counties to contain un-
organized territory without my ap-
proval, for the reason that this bill
provides that 100 residents living in
any unorganized territory may petition
the county commissioners of an or
ganized county to be attached to such
organized county, and may include in
the petition thirty congressional town.
ships.
1.-THE one hundred petitioners NAV
live all in one township, and by this
petitioning tie up and control thirty
townships. This provision, l think,
would be unjust, and therefore re-
turn this bill without my approval"
Appeals to Supreme Court.
March %, 1907.
TO the Secretary of State,
Bismarck, N. D.:
Il return you herewith senate bill |
No. 80, being an act entitled An act to |
regulate the practice in appellate
courts as to the review of errors COM
mitted by trial courts in ruling upon
lemurrers to pleading without my
approval, for the reason that under
the law as it is at the present time
any demurrer which goes to the SUBJ
stance of the plaintiffs cause of action
'r to the substance of any Indictment
against defendant in a criminal ac-
Ion may be always taken advantage of
IN appeal, and this, in my Judgment.
8 as far as the law should go. II this
aW should become operative, demur-
ers to formal matters might be taken
u -