Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-11
LAST LEGAL DAY
FOR LEGISLATURE
Eiuhth Session Nears End Of
Work, But Clock Must be
Stopped.
VOTE DOWN GOVERNORS VETO
Eminent Domain for smeltcrs Is Pro-
yided in Substitute Measure Passed
by tho House Yesterday.

The last legal day upon which a scs-
sion OF tho Eighth legislature may be
held has arrived. today Is tho sixteth
dav. Viewed from the standpoint Of
the legislative session, Thursday March
u. viii BE- a protractod day, extending.
4 Is estimated according TO the Julian
calendar reckoning, far into the night
Of saturday. Feb 10. and perhaps even
longer; but to prevent he passage Of
time legislatively. at MSS this morning
some mysterious influence caused the
hands OF the house clock TO stand
gtiu and being that the members Of
the legislature now have their eyes
ON their desks and the work facing
them, they will never look up TO notice
the fact that the timepiece has stopped
until every bill before both houses has
been finally acted upon and the busi-
ness Of the session has been complet-
3D.
Included in this business Sc vast
amount OF work. The appropriation
bin alone is good for two or three days
hard labor ordinarily. though tho CONF
mittees are said 60 be pretty well add
vanced In the consideration Of the
budget; the Des Moines plan Of gov-
eminent, a bill 10 provide FOR which
passed the senate yesterday. may be
reached before adjournment by the
house, and then again It may not. A
conference Of the salt Lake members
OF the house was held on the measure
last evening and while, II is under
stood nine OF the 10 members Of the
delegation favored the bill, there was
some difference of opinion regarding
the police and fire commission bill,
house bill No l4I, introduced by Mr..
Ashton. Feb. 2, and until this measure
l5 disposed Of or some agreement reach
ed in regard to the matter. the Dies
Moines bill viii not be considered by
the lower branch. In tact IL appears
that ia the rush Of legislation at the
end Of the session the bill may not
come up for consideration I'm the house
at an, though the measure has many
friends who think its provisions should
become law. II takes the foot of the
calendar
RAILROAD COMMISSION.
Nothing has yet been done with the
proposed railroad commission bin,
which is house bin 49, by Mr. Eardley
rtis bill may or may not receive con-
sideration at the hands Of the house,
according to the press Of business mt
the close 10 the session. many of the
members IL is believed, NOT taking the
intent Of the measure seriously.
The recommendation of the governor
I'm regard TO the proposed erection of a
capitol building, and providing for the
submission TO the voters OF the state
the question Of voting an extra l-miu
tax for the purpose. passed the
lower house yesterday. The bills
originated I'm the senate, and are
known as senate bills 100 10 1863, by
Mr.. Marks The measures now 80 TO
the governor for his approval
The senate bill on the liquor ques-
ton. s. b. las. by Mr.. Badger. which
passed the senate yesterday reached
the house late IN the afternoon. II
was al once referred To the shifting
committee. The measure. ii reported
ip by that committee, viii go TO- the
foot Of the calendar unless made a
special order.
PASSED OVER VETO.
Governor spry sent his first veto
message to tho house yesterday, JIM
disappearing of house hin No. So, by
the committee on mining and smelt-
ing. which was substitute for
several bills on the subject by Mr.
baker. giving smelling companies the
right OF eminent domain. The house
refused To accept the veto. and pass
cd the bin over the head of tho COVER
nor by the required two-thirds ma
Jority.
In disappearing the measure, Cow
eruor Spry stated his reason that the
measure was unconstitutional Ills
message 70 the house was as follows.
TO the House OF Representative:
I return herewith without approval.
B No. Al. by committee on mining
and smelling, entitled. "An act amend
ing section 2,56S. Compiled Law OF
Utah. 1907. Ion relation 20 the cNcer-
else of the right OF eminent domain,
hy adding thereto new subdivision
TO be known as subdivision three CD.
What may be public use is q mat
ter OF legislative discretion, ana such
determination on the part of the leg-
stature viii Doe respected and follow
ed hy the courts. unless the act is
clearly and palpably unconstitutional,
or the necessity for the taxing ls
plainly without reasonable tounda-
lion" Highland Boy Mining Co.. vs.
StricklCE. 2S Utah. page -l'.
DO not believe that Boo the case
Of this measure the courts would
hold that the necessity Del so great as
20 permit of the devastation OF such
vast areas OF our state for the puf-
pose OF .aIdluE M inr consul "'t i,l
development and operation ot mills
and smelters for the reduction "i
ores
In my opinion the enactment of
such "a measure would he extremely
dangerous. and ] therefore return
the bin without nay approval
BAKER URGES PASSAGE.
After the reading of the veto. th'
measure again came before tnr house
on the question of sustaining thc Fnf
Cmor's veto Ma Baker urged tA.
passage OF the biu notuIthsundn-
tho disapproval of the governor dec
clariug the position of the chief rN..
utivc was am uuteuah'e ono. Ih
matter az issue was purely legal ONE
MT Baker ooutendcd. and dIsOIaImo'
that there would Doe amy dove. i1uuI
OF crops ana property Dos smohrrs 10
the exercise Of tine rights granted Do
tho bill
SIR Holman also urged thc passlF'
Of the measure over Che veto. STATING
that iu many sections whore aHH
culture aud mining interests conflict
3D. mining should have priority.
Representative MCHar strongly up