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VETO AXE FALLS ON
WITTY POWER BILL; IL 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 1). \V. Davis today vetoed senate bill No. 9li 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 I by Attorney General Roy L. Black, the meusuïe is constitutional: it duplicates ! to a large extent powers contained in existing laws, merely adding but one i new feature, the authorization of cities j 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 I on power or pumping plants and the cities or villages would become a part- j n«'r in the operation of this private en terprise. ATTORNEY GENERAL AGAINST IT Before vetoing the measure Governor Davis asked for an oj»inion from the attorney general's 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. 1 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 a 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, j • sustained if at- I second, that un- ! al of cities and ! into partnership irrigation districts, j for the bill be lt. 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 Governo the bill w oulil not bo tucked in the i •ourts; less therf * is Mpprov municipal it lew going with pow er a nd in there is i io ne cess it y coming n law. | , 'I 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 aqd villages may become inter ested In said district by paying a por tion of the purchase price or construc tion charges, and operating and main tenance charges, of such district. I provides that in such case the mayor of the city or the chairman of the board of trustees of a village, shall be one of the directors of the power irrigation district. It 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. "The bill also provides that in the voting of all bond issues any qualified voter who is a 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 nil these costs, construction and main tenance charges according to the bene fits. "It «appears to me that, with the co GROTTO TONIGHT 8:00 P. M. El Korah Mosque Till We Meet Again MEDLEY WALTZ Rose of No Man's Land MEDLEY WALTZ Both on samo Columbia rooor«l. Ask for No. SOM. SAMPSON MU8I0 OO. Grafonolos and Columbia Roeordo. 013 Main. Phona 252. ceptlon of the provision» relative to cities becoming interested in the power Irrigation district in the manner pro vided by this bill—which is, by paying a part of the construction charges and then having the mayor or chairman of the board of trustees as one of the di rectors—the present laws of the state of Idaho give to cities, acting alone, and to irrigation district, acting alone, ail of the rights, power and privileges which are contained in this bill. I call particular attention to the statutes pertaining to this subject, relating to the powers of cities and villages. WHAT LAW SAYS. ' "Section 152:43, compiled laws of the state of Idaho, as atneAded by senate bill No. 104. passed by the present session of the legislature, approved March 11, 1919, is as follows:' " '152:43—Water, Light and Power— Acquire, by purchase or otherwise, wa terworks systems or plants, and also light and power plants, and construct, enlarge, extend, repair, niter and im prove such plants or either of them, and to supply the municipality and the inhabitants thereof with water, light and power, or either, and to charge private persons and corporations there for; to supply any excess water, light or power, or either, to persons (In. cludlng municipal and private corpor ations) without the limits of the mu nicipality, and to charge therefor; but all such charges, rates or revenues shall be reasonable and shall be uni form and equal to all alike and based upon the service supply proportionate ly. without discrimination in favcir or against any person or persons what soever.' "This section gives the cities or vil laffe» th e full power and right to con struct, own or purchase any size power plants or waterworks plants that such city or village may desire to own, and permits such city or village to sell its excess water, light or power to outside individuals or other municipal corpora tions outside of such city or village if it so desires. In other words, under this statute it may build its plant large enough to furnish to an irrigation district or any individuals outside of such city any amount of water, light or power that it may desire, the only restriction being that the rates must be reasonable and uniform to all alike. CAN NOW SELL SURPLUS. "Under the above law, the city would own such plants and works and it would manage and control the opera tion of such plants and works, and I feel that it is right that it should cause the money collected from the people of the city in the purchase, construction and operation of such power, lighting or water system to be so expended as to be managed anti controlled by such city or village. "Under the present laws, the irriga tion districts of the state may go to any extent they desire in the matter of purchasing, constructing or devel opment of power for electric power purposes anil waterworks systems of any kind, for the purpose of furnishing water, power or light on such irriga tion districts, and they may sell any surplus or exceês water or power to in habitants or other persons outside of the district, with the limitation only that such water or power shall be de livered at the plant of the district. Jn other words, the present irrigation dis tricts could not build miles of trans mission lines or canals outside of their district, but could deliver power within their district for uses outside. Hence, it will be seen that with the foregoing provisions of our present law, the only new step proposed by senate bill No. ities to bond *** s permission to themselves or raise monqy front othe sources, and have an interest in the plant which might be outside of the city, and which would be controlled and operated by a majority of a board of directors not residents of the city. CONSTITUTION VIOLATED. "The provision of our state consti tution is. in my opinion, violated by the terms of this act, the provision be ing section 4, of article 12, which reads as follows: " 'No county, town, city or other municipal corporation, by vote of citizens or otherwise, shall ever become a stockholder in any joint stock com pany, corporation or association what ever, or raise money for, or make dona tion or loan its credit to, or in aid of, any such company or association; pro vided, that cities and towns may con tract indebtedness for school, water sanitary and illuminating purposes provided, that any city or town con tracting such indebtedness shall own its just proportion of the property thus ated, and receive from any income arising therefrom, its proportion of the whole amount so invested "While I do not believe that it is the province of the governor to disapprove a bill solely because, In his opinion, the hill may be held by the courts to be unconstitutional, yet in view of the other objection» to the bill which are herein enumerated, I call attention to the above provision of our constitution, which I believe would be violated by the provisions of this bill, and tha bill would therefore probably be held in valid when passed upon by the courts. CANNOT APPROVE METHOD. "I cannot approve the method of vot ing on bond indebtedness provided for In this bill, which permits every qual ified, voter who Is a resident of the district to .vote upon bonding the dis trict for this purpose. If the proposed power and irrigation district were to furnish the power service and the lighting service as an Incident to the main purpose of furnishing water for irrigation, then It would not be harm ful. However, under this bill, the main purpose could be the furnishing and developing of power, and the matter of furnishing water for Irrigation be only incidental thereto, and in such case the land owner in the district would be subjected to assessments ac cording to benefits for this power serv ice nnd for the development and fur nishing of the power when the special benefits that his land would receive would me a minimum. Yet, under this bill, the district might bond for a huge amount of money for the purpose of developing power to sell to people out side of the district, and In such cases If they did make that the main purpose and build plants and works for the sale and distribution of power outside of the district and should fall to make a suocess financially, then the little land holders within the district, some of whom might have protested all through against entering Into the district( and who under the provisions of this bill were forced to remain in the district, would be liable to lose their property through assessments levied to carry on the plant. "In principle ,tf the main purpose of the formation of any particular dis trict were to develop and sell power to people outside of the district, which would bo permitted under this bill, the small property holder ,who could not keep his property from being taken into the district, would be compelled to be a part of such enterprise which in its nature would be like any other private enterprise. I do not believe we should have a law which, by its operation, could compel people who happen to own any particular pieces of farm property, to go into some pri vate business of this kind against thsir wishes. It is different, I think, in purely Irrigation matters, for the benefits to be derived can easily he determined by acreage benefited by the application of water: but in case of power, a man owning 10 acres of land might use as much power and light in various way as one owning a hundred acres, and 1 cannot see any equitable means of de termining the benefit to be derived by such owners. "For these reasons, I have disap proved senate bill No. 96, and return same herewith with such disapproval." MIDDLETON Middleton, March 18.—Mrs. Sarah Burns, wife of ('. H. Burns of this city, died early Sunday morning from val vular heart trouble. Mrs. Burns had been an invalid for several years and recently the club women of Boise and vicinity sent her to Portland for treat ment in a sanitarium. She was brought home from Portland Friday night. She loaves besides her husband, a son Je rome, two daughters, Mrs. Carl Rut ledge of Eagle and Mrs. Ellen Bowers of Fruitland. The funeral will he held at the M. E. church at 4 p. m. today. □ u THE DA YLIGHT GARMENT STORR Belgian Merchant in New York to buy goods needed for immediate use—country destitute of wearing apparel. So states Felix Leest mans de Jong, who Is direct from Antwerp. The Red Gross makes formal appeal for old clothing. Why not give away the old and buy new? Dress-up time is here and there's no better time to buy new garments than right now. Our stock of suits, capes, dolmans, coats and dresses is complete. The Special Anniversary 8ouvenir Offerings mean a saving on regular prices. One can afford to give away an old garment when they can save $3.00; $4.00, $5.00 and $10.00 on a new up - to - the - minute suit, coat or dress. The best quality ever put into gar ments are found in the standardized makes of this store. Kvory coat, suit or dross in this store was made iu clean, nnniinry factories— no slum nor sweat shop labor employed. Knrty dollars is a Utile more than you waul to spend for a hull or coat? All fight, may we show yuit our suits and onutA fur only $32.50 or even 917.80? TullureU aergo suits fur$s?5.oo UtlllhHlUi *uul copes IW $18.50 hPftSBS (all silk) fur $15.00 A W U Uo M Inc. / sn THROW Boise Commercial Club's Sec ond Entertainment for Re turned Service Men to Be Filled With Good Things. Returned soldiers, sailors and ma rines will be entertained by the Boise Commercial club Wednesday night at its second weekly smoker for service men, the first smoker given under the auspices of Major Fred R. Reed last Wednesday night proving such a suc cess that It was deemed best to have them regularly. Frank Ensign will Iiave charge of the smoker tomorrow night, and has some thing up his slcuva from the way he walks around with a suspicious look on his face, and grins and turns away without answering when somebody asks him what's going to be doing for the "doughboys," "gobs'' and "leather necks" at the smoker. He did let out this morning, however, that a five piece orchestra will be in attendance to "Jazz" evef yminute, nnd that there would be an entertainment provided that would bo a classy one all the way. There will be plenty of good things to eat for the hoys, and lots of pipes, to bacco and cigarettes. There won't be anything formal about it at all—every body can peel bis blouse if he wants to and Just make himself at home. And everything is free. Last week over 150 service men at tended the smoker, and had the time of their lives. Nobady is going to ask any of them to make a speech. is ILLUSTRATED LECTURE ON HEALTH WEDNESDAY NIGHT AT MERIDIAN M. S. Parker of Boise, field secre tary of the Idaho Anti-Tuberculosis association, will give a free Illustrated health leelure at Meridian Wednesday evening, beginning at 7:30 o'clock, the place of meeting to be announced later in posters. Mr. Parker has had many years' ex perience In health and sanitary work, and will no doubt have an important, Instructive and timely message for the people of that community. No one out there interested in health conser vation and life saving and desires to learn more about these important mat ters. should fail to hear him and see the high class pictures relating thereto on the above mentioned date. A cordial invitation to attend the lecture Is extended to every citizen of that place, and a large attendance Is anticipated. PERSONALS. C. B. Walker is in the city from Driggs spending a few days. Miss Gladys Reynolds and Fay Hol verson were Boise visitors from Em mett Monday night. J. E. Jones and J. R. Forbes are down from Meadows, guests at the Bristol for a few days. J. M. Browning Is looking after busi ness affairs in Boise for a few days. He cam* over from Bliss Monday. James Young Is spending a day or two In Boise from Ontario. Mrs. J. I* Owen is in the city from King Hill shopping. L. B. Olffin was at Mountain Homs today on a business trip. Joe C. Brough was looking after bus iness affairs at Payette today. M. L Cate of Mountain Home is a guest at the Idanha. Mrs. H. A. Hattet arrived in Bolso Monday night from Baker, Ore., and is a guest at the Grand. Mr. and Mrs. E. C. Berg are over from Mountain Home spending a few days. C. Smith is down from Cascade and will be in the city several days on bus lness. William J. II. Collins was In the city from Caldwell today transacting busi ness. G. G. Canover is a visitor from Hag erman. He is stopping at the Owyhee. Mr. and Mrs. I.. C. Haynes are guests in the city from Rupert. F. W. Clarkson is in from Horseshoe Bend spending a few days at the Ox- i ford. William L. Hasbrouck was a Boise business visitor from Caldwell Mon day. Mr. and Mrs. Joseph W. Hardlman are visitors in Boise from Castle creek. T. A. Foreman came in from Oreana Monday and is registered at the Idan ha. A. M. Rogers is in the city from Em mett on a brief business visit. L. Varder, who has been spending tho winter In Boise, left this morning in his automobile for his big ranch at Hager man. W. S. Bruce left Monday night for San Francisco, where he will spend some time on business. John Turner has gone to Long Beach Cal., to spend a month or two for his health. Mr. and Mrs. J. M. Johnson have re turned from California points, where they spent most of the winter. II. W. Lewis, route agent for the American Express company, has gone to Salt Lake in the Interests of the company. Mrs. George Beattie has returned from a visit at Portland. Mrs. A. H. Smith is home from Port land, where she has been visiting for some time. OHIO TR00P8 COMING HOME. Washington, March 18.—Units of the 37th division (Oh'o) have sailed for home, the war department announced today. r / WRIGL w I * re. i I \ s JUICY FRUIT ' ( III MING 4.1 M The largest* selling gam In the world nat urally bas to have a package worthy of its contents. So look for WRKLEVS In the scaled package that keeps ell Its good * oess In. Tbsfs why The Flavor Lasts fkê APPROPRIATION MEASURES TODAY Bills Passed by Last Legislatur« Carrying Millions of Dollars Approved by State's Chief Executive. With the exception of the general appropriation bill to meet the expenses of state departments during the next two years, Governor Davis this morn ing Blgned existing appropriation i measures pending before him today, the last day allowed under the law for so doing. They carry millions of dol lars. This afternoon the governor is prun ing *50,000 out of the general state department appropriation bill. Part of this will be taken from the public util ities commission, the members of which have agreed to the cuts. Other appropriation bills were approved in toto. They provide funds to support the state educational, penal and chnr itatble institutions. In addition *10,000 Is allowed for im provements at Shoshone Falls park *30,000 to meet S. A. T. C. expenses, all j of which will be returned to the state ; by the federal government; *25,000 for | an audit of the books and accounts of all state departments during the past four years; funds to meet deficiency claims, for the Gem district state land and *25,000 for improvements in the Kootenai drainage district. All pend ing personal relief claims will also be signed by the governor later in the day. Bills approved follow: House bill No. 273, by committee on appropriations—Making biennial ap propriations for the stall board of edu cation, superintendent of public In struction, University of Idaho, Lewis ton tSate normal, Albion normal, Idaho Industrial school, Idaho Technical in stitute and school for the deaf and blind.. House hill No. 198, by Nielsen—Ap propriating *30,000 to cover University of Idaho 8. A. T. C. deficit, which gov- : ernment will pay back. House bill No. 2»«, by appropriations committee—Making biennial appropri ation for the Soldiers' home, stats pen itentiary. Oroflno and Blackfoot asy lums. state sanitarium at Nampa and Children's homes In Boise and Lewis ton. House bill No. 226, by Conover— Ap propriating *10,000 for the Shoshone Falls park in Twin Fall# county. Senate bill No. 1*2, by finance com mittee—Appropriating *25,000 for the auditing of books and accounts of all state departments covering the past four years. House bill No. 275 —Appropriating *145,848.83 for payment of claims against the state for supplies hereto fore furnished and for services hereto fore rendered in the several depart ments of state government for which insufficient appropriations were made. House bill No. 165—Appropriating * 119,456 out of the general fund of tha state for the reclamation of state lands within the Gem Irrigation district In Owyhee county'. House bill No. 166—Appropriating *25.000 for helping defray expenses of drainage, widening and cleaning the channel of the Spokane river at Its out let of Coeur d'Alene lake in Kootenai county. Governor Davis vetoed house bill No. 244 by McMahon—Relating to appoint ment and duty of manager of dlstrlbur, ing laterals and duties of consumers. He gave his reasons for vetoing the bill as follows: "I am advised by the at torney general the language of this bill is ambiguous. Section 32886 of the com piled laws, which it seeks to amend, relates to the appointment and duties j of the manager of a distributing later ; al. It Is to be regretted that the bill | was no more cai'efully drawn since It was apparently designed to bring about a needed remedy In the irrigation laws of the state. On account of tho defects I am persuaded it would havo the opposite effect causing irritation and litigation. ANNOUNCEMENTS The ladies of the first section of tha woman's auxiliary at St. Michael's ca thedral will hold a Lenten tea at tha home of Mrs. Pond, Twenty-third and State streets, Wednesday at 2:30. Everybody is welcome. Mothers interested In the organiza tion of a mother's circle for the high school are asked to meet promptly at 2:30 Wednesday afternoon at the Car negie hall for organization. Mrs. E. A. Bryan will address the gathering.