The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1917-04-06
GOVERNOR +. ID. BOYLE
VETOES WATER BILL

the last legislature, and which was
passed by that body. was yesterday |
vetoed by Governor Boyle. This &C
ton was expected as the governor |
had stated sometime ago that the !
measure would not have his approval, |
The objections to the measure COW /
er six closely written pages, which in !
part is as follows:
First, it proposes the abandon
ment of a system for the determine
ton of water rights which elsewhere
has proven workable, Just, and calcu-
lated to best equalize the opportuni-
ty of rich and poor alike, since it
provides method calling for the
maximum of informal service by ad-
ministrative departments and the
minimum of court procedure with
it's apparent advantages to the liti-
CANT financially able to invoke its
| destructive and expensive delays),
in cases of so complex a character
Second, it proposes the abandon
! ment of system which has been es-
tablished as valid by the courts of a
sister state, by the supreme court of
the United States on appeal and by
the federal court of this state, after
many years of litigation directed at
it by small group of water users
were willing to submit to its pro-
visions, for reasons which the state
must consider entirely technical;
further, after such abandonment, it
proposes to substitute a system, the
constitutionality of which has not
been determined in this state, which
elsewhere has been subjected to con-
stitutional attack; which here in
wolves the commencement of an &C
ton by the state by complaint framed
under terms of the act which cannot
fail to make it unscientific, weak, and
users on a stream system, absolving
only those who, to avoid an actual
court controversy, give assent in ad-
vance to the terms of the complaint
before knowing what they are sur
rendering or what further invasion
OF their rights may be made during
the progress of the suit,-such
assent being denominated by the act
a waiver, of the rights to further
appear during the progress of the
case even in the event of an un I'M
forseen contest involving their own
rights with other rights, and mater
tally changing the relative value of
the same.
Notwithstanding assurance OF
legal peace given in glittering and
unsubstantial generalities by propon.
ents of the measure, l see nothing
but protracted court litigation await.
q ing the great majority of the water
:, users if the act were to become q
;. law. 3"
"A general adjudication suit
brought by consistent opponents O
= or design, during the period in whicl
it could not create alarm and con
fuse the issue in the minds of tn,
. water users on one of our principa
- streams cannot, in my judgment
= work any greater hardship on tn
. people affected thereby, should tn
- said suit in fact be allowed to pre-
coed, than would the operation of thi
bill,-assurance of compromise b
- its proponents Notwithstanding.
-. THE water law is not a thing t
be warped out of semblance TO
genuinely progressive and scientifi
CODE. to meet particular set c
conditions or to satisfy particula
groups of water users, who prescrih
an adherence to orthodox and abs
lete procedure as a condition anti
cedent to the declaration of legi
~ peace in any of our streams. Thel
is no justification for a change I
!, meet an expediency, when tn;
change means the adoption of sy
TEN of rigid court procedure, whetl
er water cases are referred to or n,
v referred involving everyone and sa
ding upon hundreds of our Peep
the necessity for lawsuits in cou
with their ruinous expense. TT
IA present law providing as it does f
the elimination of court controve
sizes, as far as 1t is possible to ell
mate them under our constitutio
represents the fruits of sustain
:. effort on the part of the state TO S
cure and hold, in the public intere
- procedure designed to effect t
greatest good for the citizens of t.
Oh state, with special reference to t
man Of moderate means unable
sustain protracted litigation in cou
- In this conviction, it is my bel
that it should not be supplanted
Carson News.