The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1907-02-27
TUDOR BILL IS NOW
EFFECTIVE
Gov. Too1e transmits Meas
ure to Secretary Of State
Without Signature.

AdS WdlVCu his IlSHl " act upon tAS
measure and in his message transmit
ting the bill to the secretary of state
said he would allow it to become a law
without his approval.
Another bill also became law yes.
terday without the governors sigma.
ture, that by McCone repeating tile
merchants and professional mems
license. The time for him to act on it
having expired yesterday, the measure
became law.
"Whlle favor the bill, would have
preferred that il became effective Jan.
uary /, 1909, instead of at this time,
as the state will need the money that
will be lost by the repeal of the license
law, to meet the demand to be made
on account OF the bond decision.'
These bills were signed Wednesday
by Governor Toole: House bill 249,
extending the right of eminent demain
to foreign corporations; house bill 172,
house bill 13O, appropriations for execu-
tive and judiciary departments for
three months ending February %, 1907;
house bill 1O4, relating to taxation in
municipal corporations; house bill 149,
establishing a bureau of vital statis-
tics.
| In his message accompanying the bill
sent to the secretary of state, Governor
Toole said:
while this bill does not meet my
approval, it is only fair to say that the
| legislature has made numerous conces-
sions which are a vast Improvement on
the bill of two years ago.
| Zone CT the objections urged in my
veto message of the railroad commits
sion bill at the last session was that
the ma jority of the commission were
made to hold over and beyond the next
general election, contrary to the spirit
| if not the letter of the constitution, as
applied to elective offices.
THAT objection has been removed in
| this bill by making the terms of all of
the commissioners expire January l,
1909.
Another objection then urged was
| that the governor should have the
power of removal. This second obiec-
| tion has been met in this bill by giving
| the governor power to suspend any or
all of said commissioners and appoint
| their successors pending proceedings
for removal under the political code.
"a third objection urged to the for
mer bill was that under it's provisions
the commission might expend a sum far
in excess of the amount appropriated
for attorneys fees, experts, ETC., which
under section 689 of the political code,
the state board of examiners were
obliged to transmit to the legislative
assembly as deficiency if found rea-
sonable.
"This third objection is also removed
by substitute for house bill No. ~,
which limits the expenditures of all
officers to the amount appropriated,
unless first consented to by the board
of examiners.
1.-The only other objection urged in
the veto to the bill of the last session
related to the power and policy of the
Legislature to make the appointment of
the commissioners.
':The supreme court in July last
seems to have sustained the power of
the legislature to make these and
| similar appointments.
"As read the constitution, this class
of appointments is required to be made
by the governor with the consent of
the senate But, right or wrong, the
decision referred to seems to eliminate
that question; and, so far as l am of
| ficially concerned, l accept it as an au-
thoritative exposition of the constitu-
ton against my contention.
| But if the power exists, certainly no
one can justify the policy of exercising
the power by the Legislature without
running counter to the unanswerable
logic of Jefferson, Story and a host of
other great statesmen and lawyers, the
consensus of whose opinions is embod-
led in the following paragraph by Chief
Justice Story:
But in public body appointments
will be materially Influenced by party
attachments and dislikes, by private
animosities and antipathies and par
tialities, and will be generally founded
in compromises, having little to do
with the merit of candidates and much
to do with the selfish interests of III
dividuals and cabals. They will be
too much governed by local or section al