Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-23


o The act also makes the city at
i"fney the creature OF the board OF
city commissioners. and under tho lat
ters absolute control. with thu provi-
sion. in a dispute between tho city
commissioners and the city audItor-thc
only place where a. serious quest ion
could arise between city administrative
othccrs-the auditor would boz entirely
at the mercy of the viii of the commits
sioners. and so would bee q nonentlty. So
Tar as his efforts 10 protect the rights
OF the city from wlungdoiug from that
direction were concerned.
g. The act also does away with local
representation iu the municipal wards
Of cities OF the first class. and deprivos
the citizens Of such municipal wards of
the right of popular self-government to
an extent that could not be otherwise
than serious wrong Co many thou
sands of electors in the largest city OF
the state.
POLICE AND FIRE BILL
The governors disapproval OF the
police and fire bnl which has been dcs-
ignatcd the Ripper" bin. was couchcd
in the following Language:
] herewith transmit To- be- filed i'm
your office. senate bin 80. Co. 10y Mi
Marks AN act providing for police
and fire departments in cities or this
state OF $4,000 and more Inhabitants.
providing "a board OF police and tire
commissioners for cities of the first
class, defining their powers and du-
ties etc. without my apt roval
The provisions of this act appear 90
be in direct conflict with section So
of article o OF the constitution, which
reads as follows
THE Legislature shall not delegate 20
any special commission, private COR
porauOn or association. any power TO
make, supervise 0r interfere with any
municipal Improvement. money, pro-
perty or effects, whether held ia trust
or otherwise, 10 levy taxes. Co select H.
capital site, or ~ perform any munich
pal functions
Under the provisions OF this act the
boards therein provided for, IL created.
would have aIl the powers and DIT si
which have heretofore been conleIe1
upon cities of the first class. either by
special enactment or general law. re-
lating 20 hre and police deparIm nts,
and would confer upon such board, IL
created, the absolute control and man
agement Of an the property OF fire and
POLICE departments now existing in the
city over which the board would have
jurisdiction, and would confer ppOn
the board the power and authority 10
incur an necessary expenses in counec-
tlOn with the administration OF sucl
fire and police departments.
II would therefore. ia my opinion.
interfere with the local self government
OF tho city over which such board. IL
created. would have control and fur
Their, under the provisions OF this act.
the salaries of the commissioners and
their employees and all expenses which
might be created by the board would be
imposed upon the city; that Is. the act
places In the commissioners the admin
istration OF the affairs OF the city In re-
gard to police and fire departments.
giving them power 10 create a debt
for the city TO pay. and thus indirectly
the power TO tax the city for the pay
mcnt of that debt, and In that respect
the provisions OF the act are In conflict
with the provisions OF section Of arti-
Gle 10 OF the constitution, which reads
as follows.
The Legislature shall not impose
taxes for the purpose OF any county
city, town or other municipal corpora
ton. but may, by law. vest in the cor
porate authorities thereof, respectively
the power 20 assess and collect taxes
FOR all purposes OF such corporation
STATE W. nAtAllAlhiNf - L AttAla Ano-ANNt
And further, the provisions Of the act
commencing with section IL are uncon-
stitutional. In my opinion. for the rea-
son that such provisions would create a
class Of municipal corporations for
special purpose without reference 20
the existing classification by general
law.
Section n reads as follows. The
city council OF other governing body OF
each city. except cities Of the FIRST class,
OF ~. 900 and more inhabitants. In this
state. is hereby authorized 20 create,
support, maintain and control a police
department and fire department In
their respective cities
This is not reclassihcatlon by gen.
eral law; IL IS not an amendment 10
the general law which provides for tho
classification Of cities
Section III Compiled Laws Of Utah,
1907.
The class mentioned In this act is not
one OF these classes so provided by
general law. II Is "A class created by
the act itself. and Tor the purposes OF
the act
PRIMARY ELECTIONS
The veto on the bill providing for
registration OF voters. primary el.--
I transmit herewith. for nlnB in
your office, senate bin No. i09. by CONE
mittee on county and municipal core
porations. entitled AN act 20 amend
sections Si7 SIS, SILK S2i-Ni, seq, 8'5,
$50. S3l. S24, S92 and GA Compiled Laws
OF Utah, 1907. and enacting hve new
sections. providing for "a day of regis
tatlon on the fourth Tuesday prior to
municipal elections Goa cities ~ the
hrst class" etc, without my approval
This measure provides for reg.s.ra-
ton OF voters and the conduct OF prl-
mary elections throughout the state,
8nd also for creating a board ~ civil
service commissioners, ana pres riding
the powers and duties thereof
These subjects are clearly distinct
and separate nom each other and
their combination in one measure rs
directly forbidden in section 49, ar
ticla of the constitution OF the state
lf Utah. which says that. "except gem
cml APPROPRIATION bills and bll- flr
the codihcation and genera revision
of the laws. mo- bills shall be passed
more than one subject"
TANrAYEHs MAY REJOICE
The executive win doubtless have
the hearty thanks of a majority of the
Taxpayers uf this city for his refusal
become law would have relieved tho
from any expense of street
paving The veto reads as follows
: transmit herewith Tor Ming In your
office senate bin no l07 by Mr. Badger
entitled IAN act amending sections
l6 2fI 25s. 259 $50. 26l. 218 and 2iL
Complied Laws of Utah. 1907 relating