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Show LEGAL ASPECTS by FISHER HARRIS It has been announced that I will discuss the legal aspects of the subject of our meeting and so I shall to some limited extent and in a very general sense. The subject, however, so nearly touches our interest and so fires the imagination with its possibilities for the general economic, industrial and social well being of our state that the intrusion of a point of view so prosaic seems almost out of order. What most attracts my present enthusiasm is the fact that we are here at all, that there is gathered together here this evening so many and various interests, united for the common interest; all with the unselfish desire to accomplish an end which, while it undoubtedly will result to their individual betterment, has not that as its object. That long since was made manifest by the original sponsors of this project. Several months ago the legal aspects of the matter were presented to a disinterested group of lawyers xvho were asked to formulate some plan by which it might be accomplished. It was suggested by them that it might be done by individual enterprise, by individuals or associations of individuals acting as such or in corporate form, or by some municipality or association of political subdivisions of the state. The sponsors, however, made it at once perfectly clear that they did not desire that it should be accomplished by any individual or private group or private corporation or even by local or possibly selfish interest of any nature. They were particularly insistent that the ultimate result should be such that no possible personal advantage could accrue or reasonably be charged to them. Nothing remained except to do what I think obviously ought to have been done- that is to make it a state undertaking. That having been agreed upon this group of lawyers began an examination of the statutes and laws of this state to discover the agency of government which legally might and which at the same time was so constituted that practically it could accomplish the end sought. The State Road Commission- the State Engineers office, the Reservoir Commission, the Fish and Game Department- the Drainage district act- probably there is no department of the state government that was not scrutinized. All seemed inappropriate for one reason or another which I assume will not interest you. It was finally agreed that a new department or agency was required and that the Legislature should be asked to create it. The matter was presented to the Legislature and after mature consideration and deliberation it did create such an agency- one appropriate and sufficient in the powers granted it to accomplish the public benefit intended. At the same time the act of its creation contained ample safeguards of the public interest. The act however was by no means perfect in its details and actually contained some obnoxious provisions. These were such that it is my judgment its veto was ju. tified and actually it was vetoed by the Governor. Section II of the act seems to be and it seems to others interested to be particularly improper. It provides: " This Act shall not become effective until the Governor shall have caused the effect of the project proposed here- - 30 - |