The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
SPRY EXPLAINS
WHY He VETOED
THE MEASURES
Liquor Bill Is Unconstitutional;
Besides, He Says, Present
Laws Are Adequate.
MARKS BILL ALSO FAILS
TO STAND LEGAL TEST
DEs MONIES BILLS UTTERLY OBJ
NoxIoUs IN THE COVER
NoR'S OPINION.

Governor William Spry yesterday
filed with the secretary of state his dis
approval Of the Badger liquor bill, the
Marks ripper bill and the Des Moines
bills.
In his veto Of the liquor bill Governor
SpTy gives as his sole grounds for the
veto the KUchler amendments. which
were the "jOkers' of the measure. He
says that the classification in the bill
making cities of more than y 900 inhab-
ttants units in the local option election
is unconstitutional, since it makes A
new classification of cities, and does not
conform to the existing classification.
Further. the governor calls attention
/ 10 the fact that the provision for local
/ option for cities of more than u. 200 in
/ habitants is so intermingled with the
/ other provisions that there IS grave
doubt whether or not any of the pro-
| visions of the bill, whether pertaining
/ TO local option OF regulation, are appIi-
cable without a special election to de-
/ termine whether OF not the voters want
/ prohibition. These provisions, in the
opinion of the chief executive, make the
/ bill imperative
In conclusion, the governor SAYS that
[ there are laws now on the statute hooks
which would not only regulate, but all
soiutely prohibit the sale Of Iiouor. if
desired, were these laws enforced. He
calls attention to the fact that i'm many
parts of the state the sale Of liquor is
absolutely prohibited, and that II is dis
cretionary with the authorities whether
OF not the sale Of liquor is absolutely
prohibited throughout the state
Respects to Mr.. Marks.
The ripper bill the governor attacks
on the ground that 1t is absolutely nm
constitutional He says that il is I'm
opposition to local seIf-governmeut
and would be deiegating the Derform.
anee Of municipal functions to a specfsI
state commission. which is specifically
prohibited in the state constitution
The governors attitude with reference
10 this Dill conforms to his declarations
before election, when he said that aside
from whether or not the proposed bin
was CONSTITUTIONAL, ii was aHtagonistfc
10 local self-gOvernment. and that he
was opposed to it. And this. in spite of
the declaration of the Republicans Of
Salt Lake county, who by their county
platform pledged their representatives
IN the legislature to support a bin mt
IlnS the IRE and police departments Of
salt Lake in the hands of a commission
appointed by the governor.
Inc governor attacks the Des NTofnes
t ollIs CHIEFLY on the presumption that
tney are not constitutional He saws
that the bills create q special Glass ~
municipalities for special purposss .
distinct violation OF the co0stiti1tion in
MS opinion and in the oDinion Of a.,
attorney general. Another consfftutio17-
a. Correction of the governor is the fact
that the bills give the board of com
llliSsiOIiers the powers Of district judges.
"nlcn' IN his opinion, is a direct in
LIiHselnent on the rights Of the iudi-
cary department Of government
Other objections Of the governor IN The
OILS are that the bill makes the civ at
torney creatUTe of the board and IN, -.
OF dispute between the city auditor and
the city attorney, the auditor would he AZ
ule mercy OF the CITY attorney. behind
Whom would be the board Of the commits
Siohefs- The governor also points out thar
tne commissioners are elected at large.
doing away with ward representation
ne primary election bill. I'm connection
win the other features Of the Des Mofnes
bills, IS vetoed on the ground that IT
contains more than one subject and is
therefore unconstitutional The bill cou-
tains a provision for the primary cleo
tons to nominate candidates for MAYOR.
city auditor and commissioners. and also
a provision Tor the appointment Of civil
service commission These two matters.
the governor rules. are two separate and
distinct subjects, and in violation Of the
provision Of the constitution. which de
clares that bills shall contain only one
subject.
AS to the Badger Bill.
In vetoing the Badger liquor bill. the
governor yesterday sent to the secretary
Of state this formal statement:
Il herewith transmit to be filed in your
Office senate Dill No JAS. by committee on
manufactures and commerce. An act re-
lating to the manufacture sale. barteriDe.
giving away CT otherwise furnishing on
Intoxicating liquors. etc; without my ap-
proval.
There is i'm this act same uuconstitu-
tional provision that ] have pointed out
Is being in senate bill No. SO. An act pr0-
vidiDg for police and fire deps rtnlents in
cities Of this state Of 1900 and more fu-
habitsnts.' etc: that is there is by this
act q class OF municipal corporations
created for special purpose without ref
ereuce TO the existing classified ton bv
general Law 7 refer to the provision Of
the act which provides for election In
counties and IN subdivisions thereof. and
in cities containing moro than 1900 inTab-
itants. to determine whether OF not the
sale OF manufacture Of intoxica ting Il
quors shall he prohibited
The class mentioned in tire act and in
these provisions is one one Of the classes
already created BY general law. it is =
class created by the act itself. and for the
purpose OF the act.
such a special classification is in ms
opinion unconstitutional That being
true It would result in leaving a portion
OF the state that would not come within
the local option provisions OF this act
That is. in cities containing more than
12.00o inhabitants there could not be held
elections To determine whether OF not in
toxicating liquors should be sold or man
ufsctured. and that being the case. the
law would not operate uniformly, and for
that reason all that portion Of this act
wherein 1t is provided for such election,
must necessarily fall.
And IL further anpaaTS 70 me Iunr fine
reading of this act. that these provisions
providing for the elections. as I have al
ready set out are SC connected and inter-
Continued on Page 2.