Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-24
Reasons Given by Executive At
tackled by Author Of
Liquor Bill.
ENTERS THE LEGAL FIELD.
objections Assigned Are Met iu smtc-
mcut of Parallel Cases and Refer
cncc TO Utah statutes.


the famous liquor BIN bearing his
name. otherwise designated as senate
bin itS. takes issue with Cow spry as
to the validity of the reasons adj
vanccd by the latter for disappearing
the measure. Ia signed commuu.oa-
ton Co the "News." under date of to-
day. senator Badger Says
The governor has gone out of his
way 20 veto $. b. I4S.
The veto is based on three grounds.
I. Uuconstitutionality OF the act
2. Iuseparability OF the uuconstitu-
tiOual part from the remainder OF ths
act. one part of the act being bad
the whole falls.
g. That legislation ON the liquor tr3f-
hc is wholly unnecessary.
T. The veto as far us 10 U.s. based up
on the alleged unconstitutional, OF
the act is without merit The COVER
mon says that because by general Jaw.
for most municipal purposes. cities u
Utah are already divided into lhros
classes that mo- further and different
classification fOr other purposes ,al
Coustitutionally be made. cities ur. no
present divided into those having over
10000 Inhabitants first clusss ON So
having more than 5000 and under al10U
second class; those having less Cham
5000 third class. % was proposed hy
S. b. Jas t0 divide cities into two
! clusSos. those having more than d. 600
inhabitants and those having .es-. tHs
former being made seuurat. unit f1
local option elections.
The governor says. "'rhe GLASS mUn-
toned iu The aCt and boz thes. proc
visions 0n S Is. l4Sl Is not one of tin
classes already created by general Jaw.
it Is a class created 10y the act itself
and for the purposes of the act
MAKES A SUGGESTION.
The governor does not point ont ,ao
provision Of the constitution prohi.it.
ing "a classification OF cities ilr .u.a
option purposes different than jHe
classification Cor general muuic.pa,
purposes, and. We venture the sugges
ton, that there is absoutely no such
prohibition in the constitution.
Does not the governor know that
cities in Utah are already classified u-
10 those having 1900 iuha bitante ami
| those having less for certain purposes
sections l5lX to 25lXl1. Compiled
| Laws of Utah. 1907. create police and
| fra departments iu cities of l2.O00 and
] more Inhabitants. section 2lS provide
| that Ia an cities Of not less than $4,000
| inhabitants city marshal shall Doe
] tlNhAfNs lf NaANlNh NNfNAUn PRIV lUfn
that In cities over 1900 inhabitants
the office Of justice Of the peace Is
| abolished. that is cities in our state
! are divided IN two classes for the pur-
pose of the election Of justices OF the
! peace. The same section divides cities
! into two classes (those over and those
| under 1900 inhabiEnts) for the crea-
/ ton Of the Office ~ city auditor
| cities having less than r.. COO inhabitants
/ nlnrfImH auditor
vides and entirely separate, independ-
| ent and distinct classification Of cities
for the purpose Of the election Of con-
stables
no LEGAL OBSTACLE.
We have already classified cities for
| certain special purposes into those
having 1900 inhabitants and more.
ana those having less. in spite OF the
| general classification OF cities into
| first second and third classes. and
! there Is absolutely no reason. legal or
! otherwise. why cities cannot be sim
! ilarly classified for purposes Of local
| option elections
The whole question is discussed
| thoroughly in the recent case decided
! Feb rs, 1861 of Eckerson vs.. city Of
| Dies Moiues a. al, us y. W. ~ This
| is the case unfolding tina constitution
ality Of the Des Moines plan OF city
government and in passing il might De-
! said. that m the governor had read
| this case he would have found
/ complete answer to his legal obiec-
! lions 10 the Des Moines plan bills
/ passed by the recent legislature. one
| OF the points discussed by the court
! In this case Is whether it was consu-
| tutional for the legislature Of the
| State OF Iowa 20 classify for purposes
OF the new plan OF government into
cities Of the first class and those hav-
ing special charters. where such cities
have more than 10000 inhabitants: that
a, the legislature makes a special
classification for the purposes OF the
Des Moines plan OF city government,
| abandoning tho general classification
or municipalities IN Iowa. The court
upholds the classification az constltu-
| tional
| Another cose involving a double cIas-
slncation or the same cities for different
purposes is that OF Tuttlo VS.. Polk. 90
| Iowa 483. go g. w. 783, the classification
there was cities OF the first class hav-
/ ing "a population or 10000 or over. thus
excluding DO ~ 90 be- observed. other
cities OF the FIRST class then existing
| within tho state.
IN AN EXTREME CASE
rn Bronson VS.. oberlin. Al ohio g.
l llG. lsli 90 Am. Rep. 90 for purposes on
7 regulating tho liquor traffic cities N'era
I sraciaUy classified into incorporated
| villages having within their iimitH "a
| college or university" The cinHslnca-
tl0u WAS upheld. though H. was un
| abandonment 1f the general clissihca-
| tlor. tHr court saying that o. was "a
/ rea.Huabla 1ne and Operating uniformly
| ufan 400 c.urs possessing the oharHc.
| trrlallca of Coo dohnitinu
Don Ho.rd 0f Trustees Na. Scott Dol b
/ W pi5 BE- wac held thai nu uci pro-
| N.dinF for the holding of local option
| elefOOns dInorutintlnR between roun.
/ tius having cities of the fourth clnae. or
larger ana those not having cities
| within the fourth class. was proper and
constitutional thus providing f1r a
/ special uiafsincttian for local option
| uurnoHes different from tho general
/ aInoat1H.
Do State NH Pond d ~ W. 900. "a
| Missouri statute, classifying cities into
thefc having $500 uhahiauts and
/ those having less. Zoe local OPTION Dur.
paeoa H hold 90 D. constitutional Tha
I sulaars io have been a special classic
/ cation for local option purposes. Thr
/ court a1YH. in discussing the objection
that Goo act Was unconstitutional
"fn. 400 JOY question 1ppNHs fnuI .I.
/ OHunfr Iu .Ir HtatD HH rIa... and Iu
100 IuOlpo' ritieH Or towns. DDS n
,c0nuaued on pose tvo)