The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-02-04
LIEUT.. GOVERNORS
POSITION ON
VETO VOTE
Upheld BY Decisions and Par
Iiamentary Students
VERMONT BOUNDARY LINE
New Move to Determine Where the
State and New Hampshire.
Should Divide

Montpelier, Feb. 4-The House this
morning sustained the governors We
to of the sterilization bill, by vote
of 157 to 81. This action on the part
of the House kills the bill.
Among the bills passed by the Sen
ate this morning was the fish and
game codification measure.
Montpelier, Feb. 4.-Tonight when
the Legislature convened for the 18th
week and got down to business Lieut..
Gov. Frank f. Howe, in the Senate
satisfied the body over which he pre-
sides that he was right in his ruling
that the Senate had passed the bill
over the governors veto. In a brief
of seven pages, prepared by Senator
Darling of Orange, the lieutenant gov
ernor holds that there is no precedent
during the past 90 years, contrary to
the ruling he made. Other prominent
lawyers OF the state conferred with
Senator Darling in the making OF the
brief
Lieut.. Gov. Howe after submitting
various presidents makes the follow
ing statement to the Senate: IN view
of the congressional precedent, which
has been recognized and upheld for
over go years, and also taking into
consideration the court decisions of
other states, the wording of whose
constitutions is similar to ours, the
chair is of the opinion that the vote
of the Senate, Is in the affirmative to
10 in the negative, is constitutionally
sufficient to pass bill over the OF
Jections of the governor In this rul-
ing the lieutenant governor has the
support of every lawyer and parlia-
mentarian who has looked up the
question involved.
Senator Preston moved a recOnsd-
Grafton of the action of the Senate on
the bill. but the chair declined to en-
terrain the motion.
Upon motion of Senator Rabbit the
following message from the governor
was referred to the committee on raj
roads,
II desire to call your attention to
the following vote taken at the con
ference of the governors of the New
England states held in Bos on, Janu-
airy 25, 1913
80 Voted that the eoyernor Of each
New England state be rcqU ested to
appoint two citizens OF has state as
members OF a New England railroad
conference to consider and report on
the best modes of develop ng and OBJ
Grating the New England railroad sys
tens; the members of said Congress
to serve without compensation. but
their necessary expenses to be paid
by the state appointing them.
And ! refer the same to you for
such acton as you may wish to take"
The following joint resolution, in
troduced by Senator Babbitt and
adopted by the Senate was referred
to the committee on highways and
bridges -
Whereas, difference now exists
between this state and the state of
New Hampshire as to the boundary
line between the two states: and
whereas, this Legislature has al
ready authorized and directed the at
torney general of the state of Yer
mont TO institute and proseci. q such
actions as are necessary for the SET
tlement and demarcation of said boun
Diary line: and
Whereas there are questions still
pending involving the construction
and maintenance of interstate bridg.
es across the Connecticut river. which
viii be delayed by the litigation above
mentioned; and.
Whereas. there seems TO be a
reasonable possibility of an adjust
ment OF all such differences by nego-
tiations:
Now, therefore. in order that the
controversy may be amicably settled
II possible, the governor is hereby au.
thorized to appoint three commission
ers who are authorized to meet any
person or persons thereto authorized
by the state of New Hampshire and
attempt further to negotiate with the
state of New Hampshire for the deter
m nation and location of the true
boundary line between the two states
and all other matters dependent there
on, including the construction ana
maintenance of inters ate bridges
said commissioner shall report to the
governor in full the nature and results
OF said negotiations and its recommen-
dation thereon. The commissioners
shall serve without pay but shall be
allowed their necessary expenses. 10
be approved by the governor.
The institution OF any action or
proceeding above referred to shall be
suspended until the termination of
such negotiation and no litigition shall
be commenced except on the direction
OF the governor"
She Senate passed in concurrence
the following bills:
II. 65-Relating to system of voting
n. l07-Creating the Office Of nurs-
cry Inspector.
H officiating 10 assisting clerks
H. 455-Providing for the care. train
ing and education OF feeble minded
children.
Seator McCuen introduced a Joint
resolution. which was referred to the
committee on state and court ernen.
ses IN the Senate. providing clerical
assistance and telephone for the iude
= OF me supreme court
IN the House. Mr.. Ware Of Wiimi,g
Ton moved that the House reouesf ire
governor 70 return TO the possession