Show CONSTITUTIONAL CONVENTION i CONVEN-TION Ehe Assemblage Meets and Organizes I I Organ-izes i i The constitutional conventionS convention-S called by the last Legislative Assembly sembly met at the City Hall on S Monday As anticipated there was S a very large attendance the delegation S delega-tion being nearly full There were S I also quite a number of visitors present S tnt It was some time after noon S before any attempt was made at business the attendance of delegates P1 Rot being very prompt However LE Z the room soon filled until a spare S seat am not remain c The meeting was called to order by General D H Wells S Mr Penrose nominated General j J H Wells for temporary chairman 1 chair-man and he was elected ii I L J Nuttall nominated Arthur Stayner as temporary secretary and S S Is was elected Mr Caine moved the appointment i ia committee of live on credentials l creden-tials The motion prevailed andS and-S S She president appointed John T Same J E Booth W W Cluff P D Richards and Edward Dalton as S i the committee i The committee on credentials having 1k hav-ing consumed some time in the examination ex-amination of certificates finally reported re-ported as follows r I1 i Jfr President Your committee on credentials respectfully respect-fully report the following named persons representing the sQveral counties of the i territory and entitled to seats as delegates t C dele-gates in this convention 1p5 JOHN T CAUTE i Chairman n I t Beaver Counly James HcKnight 1 I 1 James Lowe t ft f Sos Elder County T W Brewster 1 f O G Snow K H Baty J I i Cache County Chas W Nibley G VE J t W Thatcher Charles 0 Card J C dil 1 f Thorenion Jas Mack Joseph Howell t1I L Dfcvis CountyArthur Stayner Peter J 1 Barton Wm Thurgood S Emery CountyElis Cox j Iron and Lean Juan Counties Edward i J I S Dalton Silas S Smith John Myers 1rN J Juab CountyEdwin Hurley Win A m t < 2 L Bryan S q 1 I j I S Kane County Charle N Smith L 1 John Nuttall S J Millard County JOB W Robirson 1 l I I fieorge Crane 4 ri d Morgan County Samuel Franc S if 1 Piuta County Cuihbert King t t i Rich CountyJos Kimball d 4 Salt Lake CountyD H Wells J l T Caine C W Penrose Ben Sbeska S = 4l 11 i J BaGrande Young W W Biter J L I I S it Ii S Basins 1 K Winder Emmeline i Wells James Crane Sarah M Kimball I i liai Howard Hosea StoutS S q 1 J t Stout-S npete Counly Christian N Lund it J P Cbristpnsen Rees K Llewellyn J it i y Henry D Reee John H Hougaard i5 Sevier County Albert D Thurber 1 I Wm H Seegmiller Wm A War 1 nock i f J Summit County Wm W Chill t S 1 Ward E Pack Alma St 1 t Eldredge l I I Tooele County Wm 0 Bydalch and I I ii r Thor Atkins j Ii i Utah County A 0 Smoot fi A I 1 < Thurman John S Boyer G D Miell a j It E Harrington J E Booth John S itf l t 1s29 John 0 Graham iU h i Wasatch and Uintah CountieHenry 11 f Ii Alexander Abram Hatch j1 1 I t Washington CountyRichard Bentley j Bent-ley Edwin G Woolley r 1 tt Weber CountyF S Richards Jos F 1 VI r Stanford N Tanner jr S W Sburt S i f liflfj F A Hammond Ip f The report was accepted jI I Roll was then called and showed g almost a full delegation Prayer 1 was offered up by President A 0 r4i i Smoot I ilj S Mr Penrose moved that a committee I ft ifi com-mittee of seven be appointed onper S gf j inanent organization The motion q 4 ffL prevailed and the president appointed ap-pointed C W Penrose Ben Sheeks and Mrs S M Kimball Salt Lake County E Bentley Washington 1 r County L E Harrington Utah S Gounty George W Thatcher Cache I 1 i County and Ward E Pack Summit 1 Sum-mit County f 41 Several motions were then made one for an adjournment till TuesdayS Tuesday-S < < il morning and others to take a recess 1 1 S till 4 oclock An amendment for a i T lll 5 recess till 4 oclock was put and prevailed iH pre-vailed and the recess taken accordingly iI1 accord-ingly S t The convention reassembled at 4 t 1 clock < if S The certificate of Hon Joseph F 5 S fj Smith was handed in by Mr Caine f and his name placed on the roll I 1 Mr Robert Harkness who had been elected a delegate from Salt 4 i Lake County notified the convention sS 11 I conven-tion through Sir Penrose that he j would be unable to attend and the 1 c t name of James Sharp who had been i d 1 elected an alternate was substituted 4 j in place of that of Mr Harkiiess S > J There being some difficulty s to the membership for Emery County S e j one person being in and there being y1 S a certificate for another a motion S jj = I prevailed to refer the delegateship I I i1 j I for that county to the committee on t tl i credentials i i Mr Penrose from the committee S Ifl r I i S on permanent organization submitted f I I j sub-mitted the following report o i ithJ j t S Sir President S J H S Your committee on permanent 1 1 organization beg leave to report the 5 I i i following pernifneut officers of the S i t i S 1 conventionviz President Joseph 1 S > b 1 J P Smith vicepresidents L E I I t 6 = Harrington and Edward Dalton S 1 3T secretary A L Stayner assistant I S secretaries J P Wells Elmina S S S t l 5 1 Taylor and L Martineau chap S oj i I 1 f lain W W Cluff sergeantatrarms i4 c r S B 5f Hampton messenger Milando S i < Bratt S f The report was accepted and the 3 i i names voted on separately and all S T sustained I t L President Smith being absent L S E Harrington first vicepresident then took the chair z General Wells moved that Hon S John T Caine as notary public adS ad-S minister the oath to the members S And officers S Mr Rawlins opposed the motion t i S H f 55 S He said the members had been elected by mass convention it was not essential to give any legal character char-acter to the assemblage it would be a waste of time members ought not to be required to take the oath as they would work just as well without Mr E G Woolley favored it He considered the resolution calling the convention provided for the oath Mr Thurman also opposed the motion for the reasons advanced by Mr Rawlins What the convention I might do had no legal effect except I by the rote of the people and by the Congress of the United States The people had a perfect right to calls call-s a convention without any action ac-tion of the Legislature Mr Penrose favored the motion as the convention was acting under the resolution and he thought it best to comply with it General Wells said it was all very true what had been said by those opposed to the motion but the members mem-bers had been called upon to perform per-form a solemn duty and he thought they should take a solemn obligation obliga-tion in the usual way It was with i the members to take an oath or not I but he did not think the members should shirk it The motion was put and carried and the members and officers were sworn in In order that the presiding officer might have time to prepare the committees and fill them with members General Wells moved an adjournment until p m Tuesday There were cries of 10 oclock and for other hours Mr Biter moved as an amendment amend-ment that the chair appoint a committee com-mittee of fifteen who sholud be aS3igned the duty of drafting a constitution con-stitution and submitting it to this convention for its consideration and that this convention adjourn until the 9th of next October Mr Biter stated that he made this motion mo-tion because of the peculiar condition condi-tion of the territory It would be necessary to submit toe constitution to the people for adoption and as all our election and registration machinery ma-chinery had been stripped away it was impossible to tell how an election elec-tion could be had or what the com i miusion provided for in the Ed munds bill would do He therefore thought it best to let the matter of framing a constitution be referred to a committee to report on the 9th of October next The proposition did not meet with a second so it fell The motion to adjourn till 10 oclock on Tuesday morning was then renewed but was antagonized It was objected that there should be no adjournment until the convention had decided what committees it wanted It was then moved that the fifteen committees com-mittees which had been appointed at the convention of the same nature in 1S72 be again adopted and Mr Rawlins moved the appointment of a committee of fifteen for the same reasons that were given by Mr kilter Without however any action ac-tion convention adjourned until 10 oclock this morning SECOND DAY Tuesday 10 am The convention called to order by VicePresident Harrington Quorum present Prayer by Chaplain W W Cluff President Joseph P Smith and Assistant As-sistant Secretary J P Wells were sworn in by lion John T Caine The minutes of Mondays session were read and accepted i Mr Booth moved that when this I convention adjourns it be until October Oc-tober 9th 18S2 at 2 pm Mr Rawlins favored this motion as the time would enable the committees com-mittees to act upon the subject matter mat-ter referred to them with due deliberation delib-eration and it will be a season when business may not be so pressing upon some of the members as now Mr Penrose opposed the motion as being premature He thought that enough work could not be done today and that the time would not be sufficient during the one s siou to prepare committees instruct them etc which would be necessary neces-sary before adjournment The matter he had heard freely dis cussedamong the members and the feeling was to accomplish all that is possible before we adjourn Mr Dalton opposed the motion The matter of a convention has long been before the people and our constituents con-stituents are enthusiastic on the subject of a state organization he was also opposed to putting all the responsibility upon a committee of fifteen or twenty but wanted the whole convention to take a hand in the work He was willing to stay here for two or three days or more until something was done that they were sent here to do The motion to name the time of inurnment was lost I Mr Caine then moved that the standing committees be appointed Mr Rawlins moved a motion as an amendment that acommittee of fifteen he appointed to draft necessary neces-sary documents and present them to the convention Mr Caine objected to the amendment amend-ment as being out of order it being contrary to the subject matter of the motion Mr Riter sustained the amendment amend-ment There have been in the United States 200 conventions of this kind and nature and though we are not bound by precedent yet their experience would be of benefit to us and he thought the majority of the experience was in favor of the matters being subjected to the consideration of one committee In the convention of Illinois in 1SG2 there were thirtyone committees but they were eventually resolved into one and that appears to be the best method of preparing the work of the convention Mr LeGrande Young favored the J I amendment as he believed that if Mr Caines motion prevailed the matter would eventually have to come back to the one committee If you appoint fifteen committees there will be fifteen separate and distinct ideas and methods and some one committee must consolidate consoli-date the subjects that will be reported re-ported The motion for one committee com-mittee he thought would expedite business the most Mr Caine thought thirteen several committees could do the work the people wanted possibly not better but on the principle of full representation repre-sentation One committee will have to travel over so muchmoreground if they have to consider the whole matters than if thirteen fifteen or seventeen committees were ap pointed to do the work and each had one subject to consider and report re-port Mr Booth said his object in presenting pre-senting his motion for adjournment was that for one he wished to arrive ar-rive at the sense of the convention on the committee question Mr Dalton would favor appointing appoint-ing several committees as if one committee of fifteen or more were appointed they would certainly be appointed from all over the territory terri-tory and they couldnot confer with each other without great expense He favored the motion for several I committees and staying right by the work until something was done i Mr Rawlins was still in favor of the one committee as it was not expected I ex-pected for the seventytwo members to write concurrent constitutions and submit them at the same time I and then for us to prepare and adopt the matter reported by each member mem-ber It is necessary of course that something be prepared by somebody for the consideration of the convention conven-tion and one committee of fifteen could do it better than thirteen committees com-mittees The divisions of the matter mat-ter as suggested by Mr Caine illustrated illus-trated the necessity consolidating the work for if the original motion was adopted the reports would be inconsistent and so crude that the convention or a committee of fifteen fif-teen will have t3 do the whole of the work over again and he was convinced that the one committee was the best and most expeditious way getting through the preparatory prepar-atory work WI Mr D II Wells favored several committees having certain portions of the work entrusted to them and believed in the old adage that many hands make light work One committee com-mittee would have to report to the body just as thirteen committees i would anl the convention would i have to consider and adopt there port of the one committee the same I as the others and from the many I minds many valuable ideas might be called II Mr Harrington reviewed Mr Rawlins motion as an independent one and not as an amendment If one committee was appointed he would favored a committee of three Favored going right at the work dividing it among several committees commit-tees and accomplishing all we can do before adjournment He did not want to shirk any of the work or responsibility re-sponsibility and was willing to stay long enough that his constituents would be satisfied with his labors Mr Penrose said the territory of Utah has tried its hand at making constitutions several times and the most expeditious and the best method was the one of dividing the work among several committees and then of having the matter submitted sub-mitted in a committee of the whole In 1872 the work was done in this way and the speaker thought it was as good an instrument as was ever presented to Congrpss The amendment for a committee of fifteen was lost Mr Biter then offered the following follow-ing amendment that four select committees of seven be appointed to undertake the labor of drafting and framing a state constitution The chair ruled it out of order The previous question was then put and carried I Mr Penrose moved that the committees com-mittees consist of seven members I Mr Uawlins raised the point of I order that the original motion had not yet been put to the house I The chair ruled that the motion had been put to the house and carried car-ried and Mr Penrose called for his motion that the number of each committee does not exceed seven Carried A communication was read from L R Martineau asking to be excused ex-cused from acting as assistant secretary sec-retary Carried Mr Cluff moved that the sergeant atarms hoist the stars iud stripes on the liberty pole during the session ses-sion of the convention Granted Mr Booth moved that the constitution con-stitution of the state of Deseret as adopted in 1S72 be adopted as the basis of the constitution of this convention con-vention Mr Wells moved that it be printed and distributed so that the members might be able to understand its contents con-tents He thought also we needed a public printer Mr Biter opposed the motion of adopting any constitution but wanted the members and especially the committees left free and unfet tered The constitution of 72 doubtless was a good one but he preferred that we glean from any and all the constitutions of the Union the best material we can for our own Mr Stout was opposed to any basis and wanted to be free enough to look into anybods constitution or I anybodys cranium and to go forag ing all over the Union for what we need and keep on until we have found it Mr Thurman opposed the motion as it would give the friends of the constitution of 1872 a strong weapon to use if our committees should depart de-part from its text and he wished the convention to meet the wants of the I I times and be responsible ourselves for what we did The motion was lostMr Mr E G Woolley favored that a sufficient number of copies of the constitution of 1872 be printed for the use of the members of this house S Mr Wells moved that 200 copies of the names and addresses of the members of this convention be printed for the use of the members Mr Stout wanted to know hew we are going to pay for any printing print-ing as we had no funds in hand and opposed printing anything until un-til we had something to print He made a motion to adjourn until 10 oclock am Wednesday so that the president could appoint the members of the standing committee commit-tee Carried Benediction by the chaplain |