Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-07-18
CLAIMS COURT
BILL GETS AK
Governor Says Dauphin
Judges Do the Work Very
Well

The Senate bill establishing a
State of court of claims has been
vetoed by Governor William C.
Sproul on the ground that he is
not convinced of the necessity for
1T and that in any event 1t would
be an unwise move.
Under existing law the Common
wealth can not be sued unless 1t
gives its consent. This bill seeks
to make the State liable to respond
in damages for the negligence of
any of its agents or employees,
says the Governor" The Federal
Government has never assumed such
liability and l am advised that few,
if any, states have done so. The
proposition is revolutionary in
this State and at a time when
the Commonwealth is just begin
ming it's extensive road program it
seems unwise to throw down the
bars and assume the enormous re-
SponSibility entailed. Another
compelling reason for disapproval
of the bill is the provision IN sec
ton 10 that it shall be retroactive
as to claims eX-contractu arising
at any time within the past fifteen
years, while it is but six years as
to individuals. Certainly this is un-
reasonable The State should not
be required to defend against these
stale claims" The Governor also
says that the bill was not carefully
prepared; that provision for jury
trial in such court is unwiSe and
objects to other features. conclud-
ing with this observation: The
judges of the Dauphin county
courts are paid additional compen-
sation- for trying the Common
wealth cases. They have disposed
of such cases with marked ability
and promptitude."
The bill allowing building and
loan associations to make tempor-
airy loans with war bonds as col
lateral was vetoed because it is
without the scope of such associa-
tions and the law never intended
them to have such powers which
belong to the banking business.
The Governor vetoed the bill to
make employees of the State 1nsur-
ance Fund, employees of the Com
monwealth on the ground that they
are not paid by the State and no
good purpose could be served by
making them State employees.
The Senate bill requiring alter
nate plans and specifications for
county commissioners is classed as
lilly considered legislation" and
wrong in principle. 1t would make
possibility that any contractor
could employ an engineer to make
plans upon which no one else could
bid. Contractors should bid on
the plans and specifications pre-
pared by the engineers employed by
the county commissioners and upon
no Others" says the Governor.
In vetoing the bill giving right
of eminent domain to electric light,
heat and power companies the Gov
ernor says that it's provisions are
Sufficiently comprehensive to en-
able the companies to exercise the
power anywhere, including homes,
churches and cemeteries and that
he knows of no reason why the
policy of the Commonwealth eX-
empting such places from eminent
domain should be charged. THE
bill is, also Objectionable in that
the Public Service Commission is
vested with authority to determine
when the power shall be exercised,
writes the Governor" the right of
eminent domain is one of the great
powers of the State. 1t does not
depend for it's existence upon a
constitutional grant, but inheres in
the State as an attribute of sover-
eighty. l am of the opinion that
the use of this power should be
controlled through the legislative
and judicial branches of the Gov
ernment and that no administra-
tive body should be vested with
general authority to determine the
time and occasion of its exercise"