Evening capital news. (Boise, Idaho) 1901-1927, 1919-03-18
Governor Davis Finds He Can
not Approve Measure Pro-
viding for Organization of
Power Districts.
ATTORNEY GENERAL RULES
Present Law Permits to Be
Done Those Things Legiti-
mately Proper-New Fea-
ture, in Act Provided for
Partnership.

Governor ID. w. Davis today vetoed
senate bill No. SO by Senator Witty of
/ Bannock county, a measure in which
there was, during the legislative ses-
sion and is now, unusual interest. In
the opinion of the governor, supported
by Attorney General Roy L. Black, the
measure is constitutional; it duplicates
to large extent powers contained in
existing laws, merely adding but one
new fea ture, the authorization of cities
and villages to become partners in the
construction, purchase, operation and
management of power plants which
may be outside OF city limits. Under
this act they could vote bonds and tax
themselves to raise money to be spent
on power or pumping plants and the
cities or villages would become part
ner in the operation of this private en-
terprse.
ATTORNEY GENERAL AGAINST 1T
Before vetoing the measure Governor
! Davis asked for an opinion from the
attorney generals department and a
lengthy one was submitted pointing out
many defects in the bill. Attorney
General Black held there were no safe
guards for the people in the measure.
Regarding the unconstitutionality of
the bill, the attorney general holds:
There are no express cases that we
can find upon this subject. but it is
my opinion that the courts would hold
that any act of the legislature attempt
ing to authorize the use of the taxing
powers of a city or municipality for
the purpose of raising money to be eX-
pended in such proposed enterprise,
the legal title to which would be in
some other body than the municipal
ity, would be held unconstitutional and
void
The attorney general concludes. first,
the bin would not be sustained II at
tackled in the courts; second, that I'M
less there is approval of cities and
municipalities going into partnership
with power and irrigation districts.
there is no necessity for the bill be-
coming n law.
1t is understood that the Nonpartisan
leaguers were greatly interested in this
act and conducted an active campaign
to get it through the Legislature.
VETO MESSAGE.
In his message Governor Davis says:
Il herewith return to you senate bill
No 95 with my disapproval, which dis
approval is based upon the following
reasons:
The bill, generally, provides for the
formation of power irrigation districts
much the same as irrigation districts
are now formed. and then provides that
cities and villages may become inter
ested in said district by paying a por-
ton of the purchase price or construc-
ton charges, and operating and main
tcnance charges, of such district. il
provides that in such case the mayor of
the city or the chairman of the board
Of trustees of village shall be one
of the directors of the power irrigation
district 1t also provides that the legal
title to all property shall vest in the
power irrigation district, but that the
city or village paying a part of the
costs of the plant and construction
works shall have an equity in the same
proportion as such city or village has
paid in.
1.-THE bill also provides that in the
voting of all bond issues any qualified
voter who is q resident of the district
may have the privilege of voting. Pro-
vision is also made for the assessment
against the property in the district of
all these costs, construction and main
tenance charges according to the bene-
fits.
1T appears to me that. with the ex-