The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-11
HOUSE REBUKES
SPRY'S ATTITUDE
House Passes Eminent Domain
Bill Over Veto of Executive
With a Vote to Spare.
WILL MEAN NEW SHELTER
THREE MILLIONS TO BE EXPEND-
ED IN TooELE COUNTY.

The house yesterday passed the emf
nent domain bill over the veto Of Gov
ernOr Spry. ii was the first veto nt2s-
sage sent in by the governor and was
on one OF the most important measures
to come before the assembly. The bill
gives the right OF the exercise of eminent
domain to smelling companies within q
radius of four miles OF the works. prOVid-
ing that the company has already ac-
qulred by purchase or otherwise 20 par
cent OF the property within the area
sought to be used to- the purpose indi-
Gated.
The governors 5. veto was based on the
ground that there exists no necessity las
to permit of the devastation OF
such vast areas Of our state" The veto
message reads:
The Governors Message.
I return herewith. without my ap-
proval. II. Z. No. $. substitute for II. s.
No. Il, by Committee on Mining and
Smelling, entitled An act amending Sec
ton 25SS. Compiled Laws of Utah. 1907,
in relation to the exercise Of the right
of eminent domain, by adding thereto
new subdivision. to be known as subdi-
vision three 80;
What may be public use is a mat
ter for legislative discretion, and such
determination Oh the part of the legisla
ture viii be respected aud followed by
the courts unless the act is clearly and
palpaby unconstitutional or the neces-
sity for tile taking IS plainly without rea-
sonable foundation" Highland Boy
Mining Co. VS.. Strickley, Is Utah, Page
= DO not believe that in the case of
this measure tho courts would hold that
the necessity IS so great as to permit
Of the devastation Of such vast areas of
cur state for the purpose OF aiding IN the
construction. development and operation
Of mills and smeiters for the reduction
of ores.
In my opinion the enactment of such
a measure would be extremely dangerous
and ! therefore return the bill without my
approval"
Purpose of the Bill.
Mr. Baker Of Tooele made an earnest
speech in advocacy of overriding the gov
errors adverse action.
u certainly believe the bill 10 be merl-
tOrious one said Mr.. Baker. and ]
am greatly surprised at the governor
action. especially as 7 had understood
that he was heartily in favor Of the
'~The objection raised by the governor
is purely technical He does not disap-
prove on the ground OF ineNpedic1cy- but
takes up a question which Is purely within
the province of the courts to decide When
he saws that this measure viii result in
the devastation of great areas ne as
Sumes something which IS not True ne
governor took this action without giving
the friends of the measure an opportunity
TO present their side
In the Tintic.
Baruette of Juab said that under the
order of Judge Marshall many mines in
the Tintic district had been c.osed. ana
many ia Bingham were affected bE the
same order. He said capital interested IN
smelling enterprises is looking for q new
location and is ANXIOUS to deal fairly. lie
said. furthermore. that II the farmer haG
been injured By smeltcr smoke. the same
result would follow in TOoele county II
the law were not passed. and the solu-
ton of the question would he as Tar OFF
as ever The mining INDUSTRY, he said IS
only in its infancy In this state end
should he encouraged, rather than dis
McRae of salt Lake. the ncompromis-
ing foe OF smeter smoke. spoke against
tho bill He said that the smelter smoke
not only destroyed the crops but that
IL ate up the farm implements, ploWs-
rakes. burrows wire fences and other
things Moreover. he said, the smelling
companies refused to give the victims of
this condition employment and mad sent
their teams back home
Matter of Necessity.
Holman of Bingham said the measure
was a matter of necessity
The mining industry depends on the
M ssage of this BILL he said 1T is not
n dangerous law, and not special legisla-
ton Its failure will seriously cripple the
industry. and real estate values VIII de-
"If the agricultural ana mining inter-
ests come into conflict now IS the time
10 decide which shall prevail But / 90
not think Ii viii be necessary to take rad
zeal action. There is room for both, in
certain portions Of ths state especially.
This bill will not affect the agricultural
interests. The smelling COMPANIES are
willing to do everything in their power
to compromise and to be fair.
Mr. Morris said the law ought to be
given fair trial and If after two years
IL were found to be Derilous 1t could be
repealed
How the Vote Stood,
The vote on the passage OF the bill over
the governors veto stood.
Aves-AIieH Archibald. Ashton. Baker.
Barnette. Cannon, Dorius. Dyreng. Fuller.
Funk Hammond. Hansen HaycOCk, Hen
rf.- Hodges. Holman. Holt Jensen. King,
McCracken Morris. Nelson. Nelson.
ParmIey. Pope. Russell, Smith, ThOmp-
son webster White. Mr.. Speaker-3i
Navs-Clegg. DAVIS. Eardley, England.
William Mcmillan. Hugh a. McMillin,
McRae. Murdoch. Porter. WoOtton-f0.
The new smeltef which IS To be bulls