| Show I LEGISLATIVE ASSEMBLY FIFTIETH DAY COUNCIL j MONDAY February 27 1S82 2 pm After roll call and prayer by the chaplain a remonstrance from TVm Evans and fiftyone others citizens of Piute County was presented remonstrating re-monstrating against the passage of the bill to create salaries for probate pro-bate judges Laid on the table indefinitely in-definitely A remonstrance was presented from A G Davis and 109 others remonstrating re-monstrating against the removal of the county seat of Piute County j Laid on the table indefinitely The committee on judiciary reported re-ported back H F60 amending section sec-tion 534 with amendment Bill passed The committee on printing reSorted re-Sorted that the bill for protecting bees had been printed C F 24 a bill providing for bee inspector was taken up read amended and passed Councilor Chaff was appointed a committee of conference to confer with a like committee of the House on the bill for appointing county sealers of weights and measures A message was received from the House stating that C FSO had been rejected by the House Adjourned till li pm Tuesday HOUSE Mr Farr from the committee on judiciary reported on the House bill to provide branch county jails and recommended its passage also the House bill providing for tie cancelling of warrants and forbidding forbid-ding treasurers and other specified officers from purchasing warrants at a discount and recommended its passage also the House resolution relative to the returning of the journals of the sessions of 1878 and 1SSO and recommended that it he not passed The reason was that the resolution was unnecessary as it was understood the books would be returned as they were merely loaned The recommendation recommenda-tion was adoptedand the resolution rejected < A communicationiwas read stating that the Council had appointed a committee on the joint committee to consider the propriety of calling a constitutional convention I Mr Penrose moved to ask for a committee of conference on the bill relative to county sealers of weights and measures The motion was adopted and Penrose and TJiuim in were appointed on the part ot me House By leave Mr Penrose introduce a bill extend the right of sjuiiia The bill was read It provides tiii section 40 is to be amended hV l ring c r-ing out the word male and t amend section 1 chapter 12 It gives persons otherwise qualified and who shall have declared their intention to become citizens of ti United States before a compete it t board and who shall subscribe m oath to uphold the Constitution > the United States the right to vo rand r-and hold office The bill is in au cordance with the provisions of th United States enactment providing for such suffrage It was referred to the committee on elections A communication was read stat ing that the Council had passed House file GO with amendment The amendments were read an concurred in The House bill to cancel warr tats and prohibit officers from sing s-ing warrants at a discount was read the second time and placed on the general file as was also the House bill to provide for branch county jailfIh3 Ths Council bill to amend section 1780 of the Compiled Statutes of Utah was taken up on its third reading The bill repeals the section sec-tion in question and provids that a person in whose favor a judgment has been entered may have au abstract ab-stract of the judgment The section sec-tion to replace the one repealed gives the blank form of the abstract Mr Booth was opposed to the passage of the bill It seemed to him that the object was to enforce the execution by resort to the district court of judgment which otherwise was void and could not be enforced by an execution from a justice court The till when the ayes and nayes were called for was defeated ayes 3 nays 17 The Council billto provide means for the collection of small debts was taken up on its third reading This is the bill which had such a checquered career in the Council Mr Thurman wanted section 2 stricken out because its reference refer-ence to certain titles was in rrect and because he did not think the Legislature intended to give to merchants the right to substitute in this city a suit for 10 or any small amount against a man who may live at St George It would work a decided hardship and such suits could be entered in he face of an agreement Lo pay the mosey in a certain place Mr Booth was in favor of strikng it out and leaving it entirety to tile provisions of the tj viI pi i ceeciure act as itnowstandsinthecases intended to cover such debts Moreever it gives a man under the law a I chance to post up notices in three I places instead of publishing it and thus a man could be sued without having received any knowledge of the matter While lie was in favor of vigorous prosecution in such cases it gave merchants too much power The second section was stricken out without opposition Mr Stout said he looked upon it asa as-a bill for the extinguishing of the poor man It was the most outrageous out-rageous piece of legislation for its size he ever saw The court costs would be equivalent to the laboring mans daily wages He wanted to enter his protest against it He thought it put the entire burden on the justice of the peace It was suggested that leaving it to the discretion of the justice of the peace as to whether the suit could be entertained would be placing plac-ing too much responsibility upon the justice and the words giving discretionary power were stricken out and it was made imperative on the justice to entertain the suit I Mr Jaques thought the title should be a bill for the encouragement encourage-ment and the contraction of small debts by the poor men It would make employers the collector of debts from Ids workmen Mr Farr was of the same opinion If he had a man so dishonest that he would not pay his debts he Mr F would discharge him He knew o I hundreds of cases where men getting i ting good wages had made a habit of contracting small debts and had repudiated them while they squandered squan-dered their means Mr Johnson favored the bill The poor man should be wise and not get into debt Every person can got something to do and can secure his wages The bill applied to men whp have no personal effects and it would be a good thing in his section where miners secure goods from small stores and squandering squan-dering all their wagesthose who had trusted them were defrauded The miners were paid well Jf a man will not pay a debt honestly he should be made to pay it Mr Stout said the bill brought i two classes of poor men If grocers and men in mining camps can be bitten more than once he was not in favor of making a law preventing prevent-ing him from being bitten In his section of country the poor man wants to do right but as soon as one man sues him all his creditors would sue him and the costs of courts would double and treble his indebtedness The bill is in the interest in-terest of men of meansmen with mean to spare and live If a man has not got gumption enough to look after his debtors he could not see the propriety of the Legislature doing it forhim I amglacL wet ke the ayes and nayes 1 shall vote against it f Mr Thurman wanted the hill to pass As to all a mans creditors piling upon him at once he couldnt see how It clearly exempts ex-empts the mans wages except so far as the first creditor or the one getting the first judgment is concerned con-cerned All the rest of the wages would belong wholly to himself He thought the bill should be amended wherein faulty but it should be passed An amendment was adopted providing pro-viding that the justicd should have power to issue an execution for any amount under 50 per cent of the defendants de-fendants wages Another amendment amend-ment was adopted providing that the mode for the collection of these debts should be under the civil practice prac-tice act relative to cases justices courts Mr Penrose favored the bill Mr Jaques moved that not more than 20 per cent of a mans wages could be taken The motion was lostMr Dalton was opposed to the bill altogetLer If one man could hold property under exemption exemp-tion he could not see why the other man could not hold his wages The vote on the passage was ayes Beal Blackburn Booth Dusen berry Farr Francis Hatch Johnson John-son Lee Page Partridge Peery Petersen Penroc Preston harp Thurman noes Attwood Dalton Dal-ton Jaques Snow Stout5 Mr Jaques moved that the title be amended to read A bill to encourage en-courage aud perpetuate the contraction contrac-tion of small debts Lost Mr Booth presented the claim of George M Brown and J E Booth for legal claims rendered the territory terri-tory Referred to the committee on claims Communications were read stating that Councilor Cluff had been appointed the Council Coun-cil conference committee on the bill providing for county sealers of weights etc also that the memorial to Congress had been adopted also that the Council had adopted a joint resolution for the enrollment of three copies of the memorial and that it be signed by all the members and officers of both houses also that a concurrent resolution reso-lution was adopted by the Council providing for the printing of 1OOJ copies of the memorial md that they be sent to the officers and members of Congress members of the cabinet and other prominent persons A moticn by Mr Penrose pre v uled that that p rtiou of the joint r olution requiring the memorial l to be signed by the members ani officers of both houses be stricken out I It ti Ul 1 4 The resolution for printing was L E concurred in II t I The House adjourned till 2 pm r s a Ts ion i-on Tuesday t r rU U f h |
