Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-24
BADGER ASSAILS
GROUND OF VETO


GLASS. having a population OF 800 or
moro inhabitants. An the counties OF
the state. and all cities and towns with
the requisite population, may be- come
plying with It's terms, come under Jus
provisions
The same reasoning applies To the
provisions OF s p l4S.
IN ne church. ~ y. y. !. 4. 5. it was
hold chat an act classifying counties
FOR purposes of assessment ot damages
Cor street purposes into counties having
Incorporated cities 0f over 100000 in-
hahitauts. was not "a prohibited ciof,i-
hcaton, though Il was an abandon
ment Of the general classification or
counties and the adoption Of "A special
classification for the particular pur-
poses OF the act
The Iowa "Mulct Law" providing "a
special classification of cities for pur-
poses OF the regulation of the liquor
traffic and providing that go per cent
of the voters in Incorporated Cltics OF
more than $500 inhabitants may pro-
hibit the granting OF licenses. and rec
qulring that Go per cent OF the voters
outside OF such cities are necessary
10 prohibit the granting Of Licenses.
outside Of such cities has been upheld
as constitutional and not la violation
of the constitutional provision that
general laws shall have uniform OPP
GRAFTON.
GENERAL AND UNIFORM.
"A law is general and uniform in
its operation which operates equally
upon am the subjects within the class
Of subjects for which the rule is
adopted"
Nichols w. Wallace, 81 Mimi. 265.
211; S3 n. W. 500
The ground taken by the governor
that = b. 1913, attempts an uucon-
stitutiOnal classification OF cities is, IL
seems to me- absolutely and wholly
without legal foundation.
O. The second ground Of the veto
is that the bin is so interwoNen that
if one part as unconstitutional the
whole SIS unconstitutional We be-
licvc this ground is equally without
foundation. Sections i 10 81 of the
bill are the regulation sections they
are wholly distinct and separable
from the local option provisions. Even
though the local option provisions
we're unconstitutional. the restrictive
provisions would still remain If the
restrictive provisions were enforced
a great advance on present condi-
tions would be brought about. The
back door OF saloons would be closed,
ain screens. blinds and partitions
would be removed and the Interior OF
the saloon would be exposed TO the
public. salt Lake City would have 40
less saloons than at present and an
saloons would be closed az Z o'clock
g. The governor says that the pres
ont laws are sufficient. Here ls Whal
he says: with proper enforcement
OF existing laws the liquor traffic VIII
be- within perfect CONTROL and II de-
sired, can be prohibited. / can
see no good reason why the present
situation should be tempered with by
unnecessary, pernicious. disturbing leg
islation."
THE GOVERNOR MESSAGE.
ON March Q the governor sent a spe-
cial message TO the legislature In which
ho said. "As the eighth session Of the
legislature Dos drawing 90 its close, / re-
spectfuuy call your attention 90 very
important subject which has not yet
received your definite action, and up-
ON which you should not fail to pro-
vide effective legislation. This suhjar
is the regulation and control OF the
IiQuor traffic within the state. /
had hoped that by this time ace
tl0u 10 this end would have
boon taken by your honorable
body. but az present there does not
srem to he any such measure near TO
enactment The situation appeals 20
me as one where my duty requires me
90 urge YOU 20 immediate action I'm the
premises Therefore j oarn-
estly recommend that "a law including
both local option and strict regulation,
as these relate 20 tho liquor traffic.
should De enacted. and that rs proN-
-Ious te drawn carefully within the
constitution so thens viii he mo- failure.
THE enactment of "a measure
of this kind. conceived Boz fairness, and
dictated hy calm Judgment appears TO
me t0 be- within your present duty as
repre- sentaUvas OF The people having az
heart the welfare OF an. I
shall be- greatly pleased 90 give my
approval 90 such % measure.
Some difOculty will be- found . boz
u.t.. u u,D0ucluE the reasons as-
signed f1r tho veto OF s.. 70. lAs With
tls special message of the governor
sent t1 tha legislature only tno weeks
aea. CARL A. BADGER.