Show BAIL BILL VETOED SIGNED BY another discussion ou he executives right to appoint TWENTY NINTH DAY FEB 6 sir marshall in behalf of the committee on municipal corporations and towns in relation to the petitions of david bowon bo won and others andru fus snell and others asking changes in the spanish jork charter recommended that as congress had prohibited the legislation asked for the petitions be denied the report of the committee was adopted in regard to tho petition of thomas cupit and others of park city in relation to making all cihiy officers except policemen elective the committee through its chairman recommended the framing of a general bill to cover such cases mr smoot presented C F 20 a bill to amend chapter 32 of the laws of 1886 ir lotion to the charter of provo city to the committee on municipal corporations and towns air shurtliff presented C F 21 a bill providing for banking which was read the first time and referred to the committee on private corporations adjourned HOUSE after the usual opening preliminaries business was commenced by the presentation of a communication from the auditor enclosing the financial statement of kana county for the year ending may referred to the committee on counties the following letter and endorsement thereon were presented with the request that some action be taken J H esq secretary territorial wool growers jsn Bult Laie utah dear str your favor of january including copy of resolutions passed by the salt lake chamber of commerce and endorsed by a convention of the wool growers of ulan came duly to hand the resolutions were presented in the bouse of representatives on monday the instant such documents under the rules are placed on the clerks desk and referred to a committee without being read through the courtesy of the I 1 received recognition to present your resolutions openly rn tho house and obtained unanimous consent to have them printed in the decord coples of which haseben hav eben forwarded to you in utah interested in the subject I 1 waa airout 10 telegraph ya for a duplicate copy of the resolutions lor presentation in the benale senale but mr cooper a member of congress from ohio brought roe a copy which had been forwarded to abe president ofte national wool growers association cia tion and by him sent to sir cooper I 1 took that copy to the president of the senate and requested alm to lav abe resolutions before that body which was fan tuesday the i alth lost as the cord of the copies have been forwarded as above mentioned this action las wool interests of utah prominently lievore congress alem bers have expressed surprise at the magnitude of abe enterprise I 1 shall continue to what I 1 can to protect the interests of the wool territory I 1 suggest that it would be well to have the legit dative assembly memorialize congress against any reduction of the tariff on wool very respectfully bonss T caige the endorsement is as follows aton mr artter will you rare the to designate some member to bring the foregoing matter before the legislature and you will greatly oblige J H secretary on motion both letter and ment were referred io committee on memorial to congress the committee on enrollment through mr king its chairman reported that EL P 31 bad been correctly enrolled and forwarded to the governor for his action thereon mr thurman from the committee on judiciary reported back 0 F 15 amending section and H 73 of the code of civil procedure H T 37 providing for release of the right of dower 0 F 14 amending section 2006 chap 10 title 9 of the compiled laws in relation to gaming H P 36 or chapter 6 title 3 code of civil procedure and recommended their passage also H F 35 a bill providing for tho pay maut 0 jurors and creating court commissioners with a substitute for a portion it and with the understanding that they would report a bill covering the points not embraced in the substitute JRe ports adopted mr alien from abo committee on public health to whom had been referred H F 33 reported a substitute for the same and recommended its passage tho reform school was again taken up and at the point chero the discussion as to the right of the governor to appoint abe directors was suspended at the adjournment on frilay mr alien supported the idea that the governor had the right to appoint the board of directors he thought considerable extraneous matter had been brought into the discussion and pointedly to the remarks made by mr Kic bards concerning what tho governor had said on tho matt ar of placing in hands certain appointive power tho gentle mans remarks were in tho nature of a echa matter of buncombe for his constituents it is a fact that the governor did refer to tho auditor and treasurer as officers de facto could he have done anything else the of mr eichardt Eich ards might have aisem excused had it been on tho evenin of an election and my friend from weber was depending upon this bior his ro election to this house the question before you gentlemen is not what is customary in the united states bufa what is the custom in utah does the organic act give us the right to elect these officers tho claim had been set up that tho proposed reform school was in the nature of a corporation can it sue and be sued hardly it may have some of the characteristics of a corporation but was all tho gentleman from abo sixteenth district referred ia an eloquent manner to the sovereignty of the territory why it was boily there was no sovereignty in this territory nor in any other there was ant one sovereignty in all this country and that was the united spates of america we are not sovereigns ere igns gentlemen we are merely subjects SA voice slaves mr alien warmly no sir and the sooner the majority in thi honse understand that question tho better it will be for all of us he then quoted from the constitution of the united states wherein it says that congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property of the united states property he said that ia just what we are property and yet the gentlemen talks about the sovereignty of a territory he then referred at length to the wisconsin case recently quoted and claimed that it had no earthly reference to the matter under consideration it had also been claimed that these directors were not necessary offices he know of but one office that was absolutely necessary to carry on the government of the territory the treasurer was perhaps time and time again had efforts been made in this house to abridge and curtail the powers of the executive and time and time again had the legislature been brought to the ground why it had been done he was not prepared to say but let us not run full tilt against the wall again the gentlemen now say the directors are officers so far then are we agreed if I 1 believed that we had tho right to appoint them I 1 would be the first to maintain the dignity of this house and demand our rights in the question mr thurman when you said ago that we were the property of the united states did you refer to the entire or was that a principle party only mr alien T quote what the constitution ution said and I 1 am proud to acknowledge that I 1 am proud to say on the floor of this house that I 1 belong to the united states that it it is to them I 1 owe my allegiance over and above all other organizations under the sun they talk about the doctors of the asylum also being territorial officers they are and JC will here say that tho late governor of this territory who signed the bill making the asylum board was of the opinion i that he had the right to appoint them but rather than leave the territory in condition the it would have been ho preferred to raise no issue on the question this ho told in private no injustice could bo done the council would be consulted in the matter the motion to amend was lost by an overwhelming vote mr wood then moved to strike out from the same section the words auditor of public accounts but ho received no second later mr hatch made the motion and received a second he said the auditor certainly had no time to attend to the duties of the office the motion to so amend was lost on motion of mr Thun nan further consideration of the bill was postponed till the H F no 16 a bill amending an act to punish persons entering into railroad cars in certain cases came up on its second reading vas road tho third time baits title slightly amended and the bill passed it provides that every person who clandestinely enters into or upon any railroad car for the purpose and with the intentions of riding or being transported thereon or who having entered in or upon any railroad car rides over siby railroad line or portion thereof in this territory without the knowledge and consent of the company person or persons owning or operating such car or railroad and with the intention to defraud such company or person of the fare or compensation for such transportation shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jaily not exceeding fifty days or by fine in any sum less than 50 or by both fine and imprisonment at the discretion of the court and that every person being at the time a servant or employee of any railroad company who aids abets assists councils advises or encourages cou rages another person to enter into or ride upon any railroad car for the purpose with the intention and in a manner in the preceding section shall be guilty of a misdemeanor H P 43 a bill amending section of an act entitled at act revising tho code of civil procedure of utah territory in relation fo attachments was brought up and after the usual preliminaries passed it is as follows 1 be it bi the governor and assembly af the territory oj utah ahat entitled an act alie utah territory approved march be andis hereby amended by repealing all alter the line of said enacting in lieu thereof the following follow inc in an action upon a judgment or upon a contract capess or implied which Is not secured by any mortgage or lien upon real or personal property kitna sit na or this territory or li nally 0 o if when lucli security has without any to whom the s was given become valueless a defendant who ast 1st Is not residing in ibis territory or ad aanas in defiance officer or arn ceals himself sa anat process cannot be served upon itam or ad has assigned disposed of or concealed or Is about to assign dispose of or conceal any of his intent to defraud bis creditors or aili iia departed or s bout to depart bruni the territory to of his bredl or or fraud contracted thadest or in alia obligation which the action b broucht brous ht hereafter in the caicea mentioned in 3 4 and 5 of this section because of acmon shall be deemed to have accrued and the debt or ob parties to contrary mr hatch offered n resolution instructing ting the committee on into the present status and condition of the deseret agricultural and manufacturing society and report their finding to ano house at an early date H P 27 bill for an act in relation to barb wire fences on its second reading was slightly amended and passed to its third reading H F 17 a bill for an act amending sections and 93 of chapter 9 of an act revising the proceedings in justices courts and providing for appeals to district courts in criminal cases approved march 13 1884 was read the second time and some amendments made EL F 24 a bill for an act to prevent crimes against franchise as amended and as reported back from the judiciary committee was considered the amendments of the committee being adopted and passed for its third reading H F 45 thurmand Thur mans an act concerning country recorders and defining their duties was the next bill up for discussion mr king moved to amend by striking out section 3 which reads the county recorders shall not be required to permit examination of the records in their custody for the pur malang abstracts of title of the whole of records by private persons for purposes of emolument or gain all persons interested in particular titles shall at all proper business hours have free access to said records he was opposed to any such monopoly as this would give the county recorders of the territory he did not think it was in the interests of good government and should not obtain mr alien supported mr king mr moyle was in favor of the bill quoting several statements fiade to him by parties on the outside concerning the beauties of the bill under discussion without further action the house at adjourned THIRTIETH PAY FEB 7 1888 COUNCIL the council was notified that the house had adopted H 0 B 16 accepting the invitation to visit the university of deseret on february ath at 4 p in an motion of mr smoot the resolution was concurred the council was notified that the house had passed H F 43 a bill amending section of the code of civil procedure of utah territory the bill was read for the first time and referred to the committee on judiciary A communication from the house was read notifying the council that the house had passed H F 16 amending the law punishing persons entering into railroad cars in certain cases the bill was read for the first time and referred to the committee on judiciary the committee on judiciary to whom was referred C F 2 a bill providing for proceedings in insolvency reported that the bill had been carefully considered and recommended p jis sago the report was adopted and the bill ordered printed and filed for second reading the council then adjourned jour ned HOUSE the county recorder Ee corder bill came ap on its second reading as unfinished business the question recurring upon the motion to amend by striling out section three providing that the county recorders shall not bo required to permit the examination of the records in their custody for the purpose of malang abstracts of title of the whole of the records by private persons for the purposes of emolument or gain but all persons interested in particular titles shall have free access during business hours to said records mr king who had offered the amendment the day previous arose and stated that he bad a substitute which he desired to offer in caso the motion to amend failed he finally withdrew his motion to strike offered in lieu of section 3 a substitute which provides that any person may at reasonable hours examine the records and that any person wishing to make an abstract shall give a bond in any sum not less than nor more than and that lie shall he liable in the same manner as the county recorder for any damage caused by error he spoke in favor of the substitute offered and thought it would go far towards protecting the public from irresponsible parties who might desire to enter into the abstract business it also prevented the county recorder from being made a monopolist mr richards did not like cither amendment neither of them suited him and he asked that the bill be re committed to the judiciary committee ur thurman thought f it were so referred the committee had hotter be instructed as to the wishes of the house for his own part it suited him as it stood he favored the idea of postponing the matter until tomorrow the motion to recommit was lost and that further consideration be postponed until wednesday H r 25 Thun nans bill to amend title 12 chapter II 11 section of an act revising the code of civil procedure of utah territory relating to appeals from justices courts to the district court came up on its second reading was read amended the rules suspended and the bill passed it is as follows SECTION 1 be it enacted etc that section of an act entitled an act revising the code of civil procedure of utah territory be and is hereby amended to read as follows all causes appealed to the district court shall be heard anew in said court and said court may regulate by rule the practice in such cases in all respects not provided for by statutes provided that pleadings in the district court |