Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1909-03-27
Roads
Bills to
the Test
Validity of Dawson's Veto
Again Taken to the Su-
preme Court.
MANDAMUs GRANTED.
Senator Howard Sutherland
Win Push Decision as to
Bills Validity
|MANDAMUs GRANTED,

40 was ptclicteu 'py tne Sazetsf.
the va idity OF Governor Dawson
veto of the two good roads bills has
been taken to the supreme court Of
appeals. Upon the petition OF Sena-
tor Howard Suther and for writ Of
Mandamus to compel Clerk C. l..
Topping, keeper or the roads to de-
liver TO him certified copy OF senate
bills No. l43 and IA. creating a
state read tax and creating the state
road fund, the supreme cour; al ow-
ed Senator Sutherland al alterna-
tive writ We aerday. returna1ble Ap,!l
H..
The same point that was brought mn
In the Charleston Charter Gaze wa
stated in the petitions OF Sen. South
land. AS in the case of the Charles
ton charter. which was held to be a
law, as the governors veto message
was filed with the secretary OF state
more than five days after the legis.
lature had adjourned. the. two rond
bi Is were returned TO the office ~
the secretary OF state on March 3
and the governors objections were
not Il ed until .he morning or .hs
The law states plainly that the
bills with their objections shall he
hied with the secretary of state with
in five days after the legislature had
adjourned.
ATTORNEY PRICE m CHARGE
*--Atterneys George Iz. Prlce. OF, taA.s
city, represents Senator sutherland
II was Attorney Price who repr :
sented Mr.. Charcs Capito i'm the
Charleston charter case. Mr.. Tom
ing hae not engaged counsel yet.
1t ls understood that another wrI;
of mandamus will be asked for either
today or tomorrow in regard TO an
other of the eight bills vetoed by
Governor Dawson and returned 20
the secretary of state after the g.
Is ature had adjourned five days. "
Is not known which bill Il ~. .bu. q
is believed that IL e. the Logan char
ter bill.
Senator sutherland was author Of
al The road bills. The general ROAD
bill became law bu; these two road
bi Is, which are TO raise the revenue
To carry into effect the genera road
law, were vetoed by Governor DaU-
son on the ground that they laid a
direct tax, and he is opposed to d.
rect taxes.
In the petition Senator Sutherland
dec ares that he asked Clerk Topping
for certified copy of each OF tn,
bills, but wac refused them beca are
they were vetoed by the governor.
He states thai senate bill No 143.
creating a fund IN the treasury of
the state to be known as the state
road fund, and providing and regulq-
ting the collection and dist ribmtion
thereof" was introduced in the SEN
ate on February 20. It passed the
hou e on February "a and was pre-
sented TO the governor on February
26th
Senate bill No. IA. "a bill 20 ere
ate state road tax and fixing tho
rate of levy therefor" was intr0.
duced on February 3. passed the sen
ale on February 20 and the home
on February 90. II was presented
TO the governor on February 26.
Further on in the petition sena
tor Sutherland say that on March
8, Chief Clerk Young, OF the office
Of the secretary Of state went TO me
governors office and go; the enrol 4
bills. bl thai wa written on the
bills was fDisapprove1 March 2
1909 william NJ o. Dawson. gove~-
nor" There were no other OBJ sc-
tons.
On the morning Of March s. tho
objections were fled supporting -
be fled by william VI. o. Daw7on
governor as Of March 3. 1909 but
which your petitioner Is Informed
were not written and signed earlier
than March 4, and after said Dawson
had ceased % be governor"