property shipped for sale on commission, and to punish persons for making false returns of such sales,' approved April 2, 1883;" "An act to appropriate money to build a workshop, to extend the main wall, to complete and to repair other workshops, and to purchase certain machinery for the Missouri penitentiary;" "An act to facilitate the giving of bonds, to authorize corporate suretyships therein, and to regulate the enforcement thereof;" "An act to repeal chapter eighty-eight (88) of the Revised Statutes of the State of Missouri, 'Of the State census ;' "An act supplemental to and amendatory of an act entitled 'An act to amend sections 1, 4, 12 and 13 of an act entitled 'An act to establish the 24th judicial circuit and to provide for the election of a judge and circuit attorney therefor,' approved February 1, 1871, and by adding thereto the following new sections, to be known and numbered sections 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36,' approved March 24, 1879, by adding thereto three new sections, numbered and to be known as sections 37, 38 and 39;" "An act empowering cities of the fourth class to make special levy for building purposes; "An act to amend section 5661, chapter 101 of the Revised Statutes of Missouri, entitled 'Of fences and inclosures ;"" "An act to repeal an act entitled 'An act to prevent persons afflicted with any contagious or infectious disease from attending school,' approved March 21, 1883, and to enact a new section in lieu thereof;" "An act to appropriate the sum of two hundred and eighty-five dollars and fifty cents to the executors' and administrators' fund out of the State school fund;" "An act to repeal section 7040 of the Revised Statutes of Missouri of 1879, and to enact a new section in lieu thereof;" "An act to amend sections 4381 and 4382, article 1, chapter 89, Revised Statutes of Missouri, the chapter entitled 'Of cities, towns and villages,' the article entitled 'Classification and limitation of power;' "An act to amend sections 1094 and 1098 of article 3 of chapter 23 of the Revised Statutes of Missouri, and to repeal sections 1097, 1099 and 1100 of said article and chapter;" "An act to repeal an act entitled 'An act to amend section 3136 of the Revised Statutes of Missouri, entitled 'Of depositions,' approved March 22, 1883, and to repeal section 2136 of Revised Statutes of Missouri, 1879, and to enact in lieu thereof two new sections, to be known as sections 2136 and 2136a of Revised Statutes of Missouri, 1879, providing for the taking of depositions when the witness is found in this State, and providing for the appointment of a special commissioner in certain cases, to take the deposition of such witnesses in cities of population of over two hundred thousand inhabitants, defining the powers and prescribing the duties of such special commissioners, as follows;" "An act to amend section five thousand three hundred and sixtytwo (5362), article four (4), chapter ninety-five (95) of the Revised Statutes, entitled 'County treasurers and county warrants,' relating to treasurers of counties under township organization;" "An act requiring railroad, bridge, tunnel or other transportation companies to furnish a caboose or other suitable car for the transportation of shippers of live stock to the destination of such shipments;" "An act to amend section 707 of article one of chapter 21 of the Revised Statutes, entitled 'Of private corporations ;' Also, House joint and concurrent resolutions numbered 33, 18 HON. M. K. MCGRATH, Secretary of State: SIR: I have the honor to return to you with my approval indorsed thereon, bills which originated in the House of Representatives, and were presented to me within the ten days next preceding the adjournment of the General Assembly, of the following titles: "An act to amend section four thousand eight hundred and sixty of article 4 of chapter eighty-nine of the Revised Statutes of the State of Missouri, entitled 'Of cities, towns and villages;' "An act to amend sections 4844, 4870 and 4860 of article 4, chapter 89 of the Revised Statutes of the State of Missouri, entitled Cities of the third class ;"" "An act relating to libraries in cities, villages, towns and townships;" "An act to provide for the establishment and maintenance of reform schools in counties containing a city of over fifty thousand inhabitants, and to provide for the punishment and education therein of juvenile offenders;" "An act to appropriate money to the county of Butler." JOHN S. MARMADUKE. EXECUTIVE DEPARTMENT, HON. M. K. MCGRATH, Secretary of State: SIR: I have the honor to return to you, with my approval indorsed thereon, a bill which originated in the Senate and was presented to me within the ten days next preceding the adjournment of the General Assembly, of the following title: "An act to amend sections 5952, 5963 and 5965 of article 2 of chapter 119, Revised Statutes of 1879, entitled 'Life insurance,' and section 1 of an act entitled 'An act to amend section 1 of an act entitled 'An act to amend section 5998, article 3 of chapter 119 of the Revised Statutes of 1879, entitled Insurance other than life,' approved March 23, 1881,' approved March 31, 1883." Very respectfully, JOHN S. MARMADUKE. EXECUTIVE DEPARTMENT. HON. M. K. McGRATH, Secretary of State : SIR: I have the honor to return to you a bill, which originated in the Senate, of the following title: "An act to grant aid to the counties of Mississippi, New Madrid, Pemiscot and Dunklin on account of great public calamity and double taxation," which was presented to me within the ten days next prior to the adjournment of the General Assembly, with my approval indorsed thereon. I have considered this bill with no little care, and to my approval of it I wish to add a word. A former bill for the relief of the same people, by exempting from taxation these four counties, being clearly unconstitutional, was returned with my objections. This one took its place. Thus twice has the General Assembly manifested its purpose to "grant aid" in this as a case of "public calamity." Alive to the dangerous tendency to make unauthorized appropriations under this vague power, I feel impelled to scrutinize such appropriations as this closely before lending them my approval. I cannot but regret that there is not some way provided by which we might the more certainly determine when a given case falls within. the constitutional exception authorizing a grant of aid (Constitution, art. 4, § 46). This, the General Assembly has twice said, is such a case. The bill is defective-almost fatally defective-in that it makes no provision for disposing of the funds appropriated. But, trusting that the several county courts will so place and use these funds, under the law, as to do the greatest good to the greatest number of actual sufferers from the floods, I approve the bill. Very respectfully, JOHN S. MARMADUKE. EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, April 10, 1885.5 HON. M. K. MCGRATH, Secretary of State: SIR: I have the honor to return to you a bill which originated in the House of Representatives, entitled "An act to amend an act entitled 'An act creating a board of police commissioners, and authorizing the appointment of a permanent police force for the City of Kansas,' approved March 27, 1874," which was presented to me within the ten days next preceding the adjournment of the General Assembly, without my approval. To the principal purposes of this bill I have no objection. But it being plainly a local law-applying only to the City of Kansas by nameit comes within the provisions of section 54, article IV of the Constitution requiring notice of intention to apply therefor to be published in the locality where the matter or thing to be affected may be situated, and the notice to be recited in the act according to its tenor. No such recital is in the bill. It also appears to fall within the prohibitions: "The General Assembly shall not pass any local or special law, * * * * * regulating the affairs of counties, cities, townships, wards or school districts, * creating offices or prescribing the powers and duties of officers in counties, cities, townships, election or school districts." (Constitution, art. IV, § 53.) These constitutional provisions render it my duty to withhold my approval. Very respectfully, JOHN S. MARMADUKE. EXECUTIVE DEPARTMENT, HON. M. K. MCGRATH, Secretary of State: SIR: I have the honor to return to you a bill, entitled "An act to repeal section 6840, article 6, chapter 145, Revised Statutes of Missouri, and to enact a new section in lieu thereof," which originated in the House of Representatives, and was presented to me within the ten days next preceding the adjournment of the General Assembly, with my objections thereto. After carefully considering this act, and comparing it with the section it is intended to replace, I am clearly of the opinion that the law as it now stands, will produce a much larger revenue, and with less vexation and hardship to the tax-payer than might occur under the bill before me. Very respectfully, JOHN S. MARMADUKE. EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, April 10, 1885.) HON. M. K. MCGRATH, Secretary of State: SIR: I have the honor to return to you a bill, entitled "An act to facilitate the construction of railroads in the State of Missouri," which originated in the House of Representatives, and was presented to me within the ten days next preceding the adjournment of the General Assembly, with my objections. There is no good reason why any five men, who want a railroad, should seek the intervention of the county court. Our Statutes already provide that they may survey their road, may enter upon any one's land to do so, may locate and build it, may take all the ground necessary, and prescribe how all damages shall be settled. These Statutes are full and efficient, and are not repealed in this bill, and there is no apparent reason for employing the county court to do what experts can do much better and at much less expenditure of time and money. The bill appears to me to be in conflict with other and better |