The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-03-16
GUVERnUK SIGNS
GAME LAW SENATE
FORGOT TO PASS
Peculiar Question Put
Up to Governor
!. Vessey.
NEW JUDGE NAMED
Carpenter Goes on Twelfth
Circuit Bench. Three
Vetoes Explained.
NEW JUDGE NAMED

Pierre. S. D.-Governor vessey
this mstaing appointed G. G. Carpen.
ter of LeRmoa as Judge Of the re.
Gently created Twelfth judicial cir
:. cult:
The question puzzling the state
house this morning is the game law
1t came5ts the governor signed, by the
officers ef both houses and received
. his signature and it has now been
: ~discoxerel that it never passed the
senate. Fha puzzle is what Its pres
outstanding IS under such circum.
...stances.
!. Tkrco Votes Explained.
. Tue veto by Governor Vessey OF
: House bill sis. defining the word
''cioSed" In reference to a saloon, is
ON the ground that it opens the way
for keeping saloons open on Sunday,
regardless Of the state law prohibit
ing. He says: "It would seem to me
that the objec. of the bill under con-
%sideration is to avoid the effect of the
decisions Of the court. and that the
passage and approval Of the bill
would Quite effectively set them
aside. Furthermore, 1t appears to
me that this bill is but an entering
wedge into the breaking up of the
present very effective laws regulat-
ing saloons. II the keeper of a sa-
loon is allowed to enter his place of
business on Sunday. or after closing
hours. 1t would be very difficult in
deed for the court to determine
whether his purpose there was legi-
innate or ineeitimate." Further he
says AT II the law were approved
it would put constant temptation for
violation OF the law before the saloon
men. aad the present construction of
the court aad better stand.
Ia. regarl to his veto Of Senate bill
IS. whidh attempted to apply the an
ti-discrialnatou laws Of the state to
buyers a. we'll as sellers. 1t is held
to 'haye the effect Of repeating
Chapter lsa Of the laws Of 1907 re-
latiag to uaiawful discrimination.
Its general provisions are also ques-
toned as to what would result from
attempting to put the law into eff
feet. and 1t ia vetoed to save the law
now in existence. This was known
before the adjournment of the SEES.
sion. but the house voted down three
different efforts to recall the bill
from tho governor for correction.
lEa1nAee 1aW Unconstitutional.
Tho difEpDrevai Ut House Bill 81
is 81 fhe greuads Of unconstitutional
ity II q amber OF It's phases. This
bill atte0eteA to provide for the crea-
tion e sasii irrigation districts
through combinations of land own
ers. It Il held to be demonstrations
al on the grounds that It seeks to
create sEc1 districts as public corpo-
ratlons BY . department Of the gov
ernment: that 1t attempts to impose
upon the conrts the duty Of creating
and declining boundaries Of public
corporations; that 1t violates the
constitutional requirement as to ex-
empttoos frsm taxation in seeking
to eKenpt It's bonds. and right Of
ways, bitches and fumes from taxa
ton; that it attempts to give the
courts power to ratity the validity Of
a tax before the tax is laid; and for
numerous ether reasons. Attention
is called to the fact that before the
beginning OF work on drainage pro-
jects in this state 1t was necessary
to secure a constitutional amend
ment to base legislation upon. and
while It IL suggested that the new
law would ne doubt be Of great ben
eft II, it cenld be carried out, the con-
~stitution stands in the way at SO
many poiRts. that there is only one
way open to secure such legislation,
the n used by the drainage project
ors.
CRAWFORD EXPECTS
GENERAL TARIFF BILL