Show rTHE LEGISLATORS 1 The House Kills the Council Attachment Bill I L J A QUIET DAY IN THE COUNCIL Tho Appropriation Bill Comas Uty Tho Debate on the Auditors ClerkA Lively Time In he Council yesterday matter were as quiet as could well be but in the House there were several lively scenes most of the debate occurring on the appropriation bll introduced by Mr Clark the old one of two years agotj with sundry items stricken out There will be no session of either house today to-day the members having accepted invitation to visit the asylum at Provo aud will leave for the Garden City at 8 oclock this morning the regular Utah Central train having been held until that hour Those intending to make the trip are requested to be on hand at 8 oclock sharp i > 5 II THE COUNCIL f 5 The Council was called to order at 2 pm yesterday all of the members being present After the usual preliminaries pre-liminaries the following busness was transacted COMMUNICATIONS A communication from Thomas M Watson thanking the Council for extending ex-tending to him the freedom of the Council chambEr web read A conittunicatioii from the House notifying the Council that it had ie jected C F No3 a bill providing for attachments was read The Council was notified that the House had adopted the report of the committee on the compilation and publication pub-lication of the laws On motion ofMr Marshall thereport was adopted and the labors of the committee approved REPORTS Thefollowing repoft from the oom mitteeon judiciary was read Your committee on judiciary to whom was referred C F No 13 a bill In relation to Supreme and District Courts have to report that having carefully care-fully examined said bill which provides for changing the boundaries ot he First and Second Judicial Districts of this Territory prior to the appointment ofanhird Associate Justice the com rnitteeVare of the opinion that the change provided by the bill would make unnecessary expense and might complicate com-plicate the business of the courts when a fourth Judicial District may be organized or-ganized We therefore return said bill and recommend tbat it be rejected WOOLLEY Chairman The following report from the same committee was read Your committee on judiciary to whom was referred C F No lla bill providing for and defining the Fourth Judicial District of the Territory Utah have to report that we have considered con-sidered the same and believing that Congress will provide for the appointment appoint-ment of a third Associate Justice fort for-t Iis Territory an early datearitt that said bill makes proper provision for the additional court we return said bill and reoommsnd that it be put upon its passage WOOLLEY Chairman The report wasoidopted and the bill ordered printed and filed for second reading The committee on enrollment reported re-ported that Council memorialsNos 2 ana 3had been forwarded to the Governor Gov-ernor for executive action thereon MISCELLANEOUS I C F No 14 a bill amending Chapter Chap-ter 10 of the Compiled LawSof Utah Tenitory in relation to gaming was read for the third time and on motion o t Mr Yqolley t referred to the com inittee on judiciary io 0 P NQ 15 a bill to amend Sections 1167 8 and 1173 of the code of civil procedure pro-cedure was introduced by Mrr Marshall Mar-shall The bill was read for the first time by its title and referred to the committee on judiciary Messrs Olson and Wimmer were excused ex-cused until Monday Mr Shurtliff moved that when the Council adjourned it be until Saturday at 2 pm Carried The Council then adjourned HOUSE At the opening proceedings in the House Mr Heyboree presented a petition pe-tition from tbe residents of San Juan County asking on appropriation of 8000 to be expended on the roads It represented that the roads between Bluff and the older settlements in the Territory were in such a condition condi-tion as to prevent many people from settling in that county who might otherwise be induced to do so That the road from the Colorado River to Bluff a distance about 120 miles is the most direct oute betwesn the settlements set-tlements of Eastern Arizona and New Mexico and the southern part of Utah and the only route between Bluff and the western portion of the Territory that can be traveled at any season of the year that the growing trade in wool hides etc with the Navajo Indians In-dians on the San Juan River necessitates necessi-tates a great deal of freighting which is at present doneover a rough road for a distance of 140 miles to the D R G at Durango Colorado that it wouldbe to the interests of the people of the county to find a market forUi roods r-oods within the Territory and to revive re-vive their supplies from the north that both of the routes run through continuous cattle and sheep ranges that are rapidly being stocked and through many places where small settlements settle-ments can and will be formed if the roads are constructed 20 that the markets canbe more easily feached T 1 M t i n ktt1i FJf r hskUihti iW sum of 8000 be expended on such roads Referred to committee on highways S > HE BEFOEM SCHOOL Mn1OGK from tha committee on penitentiary and reform school reported re-ported back 1 with amendments Lunds H F 10 bill providiagfbr the establishment of a yefojm rLooJ and recommended that it be pur hrnf its passage Report arffcpccil aria hfPre1 calved and filed for its seeondrcading T 4 V J scJl il qnJ THE PUBLIC HEALTH Mn ALLEN from the committee on public health reported backr with amendments the bill for an act amending amend-ing an act in relation to dead animals and recOmmended that itjibe placed upon its passage Filed > for second S s > reading > S THE ATTACHMENT BILL KILLED MR THUBMAN of the judiciary committee com-mittee reported on C F 3 a bill providing pro-viding for attacbimnta and recommended recom-mended that it be rejected The com mi tee were aware of the dcfecta in the present law but dui not believe that the I 0 F bill was in the interest of the better class of citizens but rather in the interest of those who had all to pain and nothing to lose At an early day the committee he said would introduce intro-duce a bill to cover these defects and ask that it be passed THE AUDITORS CLAIM MR CLARK of the committee I on claims and appropriations to whom had beenreferred the letter of Auditor ClaUon calling attention to tbe fact that the item of 1000 for attorneys services had been omitted from the appropriation bill reported that the auditor was correct and asked that the amount named be inserted in the bill Report adopted THE ELECTION LICjCOR BILL t S MR THURMAN from the judiciary committee reportedback H F 2 a bill for an act to prevent the sale or giving away of liquors on election dav and recommended that it be passed Filed for its second reading CANT DO IT MR LUND from the committee on counties to whom had been referred the petition of a number of residents of Uintah County asking that the county seat be moved to Vernal reported tbat they had examined the matter and discovered that the Legislature had no poer in the nJattef They reported the petition back without any recommendations recom-mendations MR RINGS BILL MR KIKO presented a bill providing for the selection and paymeutof jurors and creating court commissioners One of the objects of this bill is to abolish the open venire system by providing for the selection of additional addi-tional jurors It authorizes after the exhaustion of the 200 names as provided pro-vided In the Poland Bill the Probate Judge of the County in which the District Dis-trict Court is sitting and the Clerk to I and additioual names the number being be-ing directed by the District Court Judge plaong them in what is called the supplementf box Ajs oftenas the names areExhausted t e Probate Judge and Distncit ourt Clerk are authorized to place additional names therein and in the presence ot the Court after the names are thoroughly thor-oughly mixed and mingled the United States Marshal or his < eputy drawsthe names from supplemental boz The bill further provides that the clerks shall keep an attendance roll indicating in-dicating the names of all jurors whether grand or petit the number of days spent in the consideration of criminal cases aud the timeconsumed by gra3d jurow la the investigation of Territorial criminal cases Jurors arc allowed 150 per day and 12 cents mileage t The law of 1882 relating to jurors and witnesses is repealed but some of the features relating to witnesses are retained re-tained Witnesses are allowed the same per diem and mileage as jurors The most important feature of the bill relatesto Special Court Commissioners Commis-sioners and their duties John W Turner is appointed Court Commissioner for the Provo portion of the First Judicial District Joseph Stanford for the Ogden division of sai District Geo D Pyper for the Third Judicial District and for the Second District The commissioners commis-sioners within twenty days after the bill becomes law are required to qualify qual-ify by subscribing to an oath of office and giving bonds in the sum of ten thousand dollars to the Territory The oath of office and bonds are to be filed with the Auditor of Publie Accounts It is i the duty of the commissioners to examine all court certificates issued by the clerks in their respective districts to jurors and witnesses summoned in Territorial crimir cases comparing them with the attendance rolls subpoenas sub-poenas etc They are also authorized to administer oaths to all holders of such certificates upon their presentation presenta-tion After auditing them the commie sioner cancels an i files the certificates and pays their face to the holder In order to meet these demands each n t I commissioner is aupaonzea u > uraw ms order on the Auditor of Public Accounts i counts for any amount notexceeding five thousand dollars at any one time The auditor is authorized to issue his warrant war-rant upoa the Treasurer forthe amounts required by the commissioners Fifty thousand dollars are set apart for the payment of jurors and witnesses wit-nesses under this act for the years 1883 and 1889 and the Treasurer is required to pay the same out only upon the order of the auditor for such jury and witness service Each of the Commissioners Commis-sioners receives three hundred a year This bill expires by limitation April 1st 1890 I By the last provision it is hoped to pay jurors and witnesses as soon as their service has been rendered instead of paying them with scrip which only brings from forty to fifty cents on the 4 dollar THE ASYLUM VISIT MR KINO I move vl this Jouse adjourn it be until 2 p n > urday MB JONES wanted to burn to Monday but the amendmeatx re red to that effeht waS lost t gMn RICHARDS thought it would be better to meet on Friday at 4 or 5 as that would give the body a chance to pay the visit to the asylum without losing any time At the suggestion Mr Thnrmanhowever he withdrew his first motion and then off iedone to the effect that when the tH6nsef adjourn ad-journ it be until 10 a m Saturday S The motion was lost I f j1 liMRb AMWTJ 1 move Mr Speaker that whatwhen This House t adjetirn lt1 be until3 oclock Saturday Carried 5 BILLS INTRODUCED 4 J M R OREEB offered a Tnll to amends amend-s tlbns 791 and 793 of Chapter 6 Title 11i code of civil procedure by inserting in ectiofi 791 between the words county and and in the third line of said section the words or marshal qf the city that sectiop 73 be amended by insertiq b tween the words constable an61 to in the first line of said section and between o 111 t1s I r I M l1J the words llcolistabIeaVdwh n > rin1 the fourth line of saidraestion the word for city marsfiati I J Referred 1 the committee on judiciary MBRICHARDS BILL WIIcI presented yeserday is for an dst providing pro-viding for the release of therieht o dower It was referred to the judiciary committee BOUNDARY LINES i MR HEYBORNE presented abill for an act rietermininpr disputed boundary lines Referred to he committee on counties tROM THE COUNCIL A communication was received from the House announcing tbe passage by that body of C F No5 a bill for an act to provide for the classification und government of municipal corporations The bill is the same as printed in THE HERLD yesterday It was read and referred to the committee on municipal corporations and towns and ordered printed Ihe Council also reported that it had agreed in the House resolution that no bill be introduced in either house after March 1st save under certain conditions condi-tions and also in the one authorizing the appointment of a committee of threetwo rom the House and one from the C ouncil to audit the accounts of the Territorial Auditor On the part of the Council Mr Olson had been appointed on behalf of the House the Speaker named Messrs Lund and Farnsworth < c THE APPROPRIATION Of last session introduceda few days ago by Mr Clark being special order of the day then came up and was read by items provides as follows SECTION 1 Be It enacted etc that the following sums of money are hereby ap Poprlated out of any money In theTerri lorial l reasury otherwise appropriated for the objects hereinafter expressed r IFor salary of Territorial Superintendent Su-perintendent Commissioner Commis-sioner of schools for 188 andlbST 1500100 2For salary Auditor of Public Pub-lic Accounts for 1886 and 1887 308000 3 Tor galary of Territorial fll brarian for 1886 and 1887 500 00 iFor salaryof Territorial Treasurer for 1886 and 1887 150000 5For Incidental expenses of the offices of Auditor TreasurerLibrarlan Sealer I of Weights and Measures 1 f aud Recorder Marks and Brands for 1886 and 1847 or so much thereof as may be necessary k 1000 I 00 GFo1 rent of rooms for last named officers for 1SS6 and I I 1887 04 120000 i1o pay deficiency ol witnesses wit-nesses in criminal cases and jurors in criminal I cases for 1884 and 1885 as I reported by ihe Auditor of Public Accounts 2206SJ22arc I 8For messcpyer and expense arc of the Extcutive office for 18SG and 1887 or so much thereof as may ba nece fary 225000 9Fir Incidental expenses of the offices of Auditor Aud-itor and 1 erritoral Tieas i urer in the years IBM i and 1865 to be drawn on the order of Xephi W Clayton 97J10 1 f lO = James Jack and Kephi W 4 W Clayton for wltnes I Claytont IS fees and mileage in theca the-ca < e of Pcotilo etc vs Josiah Rogeisoii and i others 11550 11 Zera Snow for egal services ill the case of The People i I vs lInr > hall and others 150 M 12To Beujamia BaChman Deputy Cleric of the First Judicial Jlistrlct for attendance at-tendance at court during i < dur-ing the years 1SSJ and 1SS5 and for fees and sot I vices during the same per I I io 1 as per b IT rendered 108 25 Jr 13 ToJ K Wilkins clerk of I i i ih Szcond udtcial Dig 1 i trict for endance at I com t during the yearsl84 i and 1835 and for fees and I other services as per biU rendered 1290 02 t It ToE T fcprague loners as clerk of the Supreme Court I C of the Territory Utah in Territorial criminal cases for the yeas 1881 and 1SS5 iso bo 15To J B Wilkins for statement I state-ment of fines forfeitures collected and mode of I paying jurors etc < n the bccond Judicial District as per bill rendered 500 16To John II Zaae clerk of the District Court for the Third Judicial District for fees In cases brought in said court under the criminal crim-inal code of the Territory during the years 1884 and ItSo 1141 80 17To John W Turner for services ser-vices and expenses incurred in-curred In the prosecution of Frederick Hopt In he years 1S84 and ISSo 71825 I ISTo L W Roimdy for payment pay-ment of Auditor s warrant No 4i30 dated December 11th 1875 on account of Harrisburg ana Bellevue road 8 50 lJTQ Wm Fotheringham for examining records in the Second Judicial District Court in the years 1881 and 1965 15000 20To A 0 Smoot Jun Assessor As-sessor and Collector of Utah County for relief on account ac-count of delinquent taxes for the year 1884 85 71 21To John W Turner exCol lector of Utah County for relief of udcollected taxes for the years 1882 and 1883 14t 27 22To L H Reed Jun exAs sessor and Collector of San Juan County for relief on account of delinquent taxes for theyear 1884 10 75 23To GIbbs and Irvine for services as reporters In connection the visit of I the Wyoming Legislature inl8 = 4 > 3509 21To Daniel Harrington for 0 services iniuute cleik of i the H use for the Twenty seventh Session t be drawn on the order of the S SpG ker 300 0 25Tn Daniel Leathern usher for services or the Twen i tyseventh Session 24000 ToTVlUIam Ashton Assessor and Collector of Uintah Colector Untah County for relief on account ac-count delinquent taxes I forthe years 1880 182 1884 and 1885 n 60 87K 27 = TO A GJohnsonTAssessor q r S j j and Collector lof fjooele i f Coaaty reliefvon4ac t 4s > S count delinquent taxes 1 0 > f f 1 J for the year 183i 95 4f 23To J D Smith exAssessor and Collector of Mlllard 1 t I County for relief on ac it A count of delinquent taxes for tha years 1832 and 1884 225 29cFor transportation of safe L from Ogden to Beaver for the use of the Second District Dis-trict Court r so much l 5 thereof oiif may > be necessary u C neces-sary to be drawn on tho v order ofthe clerk of said court vouchers to accompany accom-pany the orders onHthe 1 Auditor for payment i 20O a l t i II Ai ll I Y J A zoR xo I 30 = FortheJpurposecf cducating = deaf mutes in the Un verity of Deseret to befO > x i drawu tdexp dedby the Chancellor and Board of Re3 Lts 600003 31For compleing and furnish in theD Miret U I > iversity I bul ding tobe dIHn and expended under itsdiiec i tfonoftit Chine or and i J fc Board ents atjt600C000 1 32 For contingent expenses of v the HoueTwentySeveath aesiou to be drl n on the order of theSpeaLer of the House 10 8 E6 3to J H Parry Co for printing during te Twec tysixin tesston S 68 54To A E Merriam assessor and collector of anpete County to reimturf him fr unco lectable Territorial Terri-torial taxes paid by him I into the treasury 22130 35To W Ai C Bryan for engrossing < en-grossing during thtJ went wen-t Session 1800 35To Star Printing Co for printing during the j wen tysixth Sessau 82 r 57To Ueseret Jfews Co lot records rec-ords and blanks for A id t o or s olhce blanks tarnished tar-nished clerks of disf ct courts 53 G 3To VL Ualliday for icr vices as minute clerkof f the Council for the Twcu tyseventh Session 30000 3To Afred Ridges ior ser vlcs as usher for the Council for the Iwentj i seventh session 249 0 lOFr contingent expenses of theCouncilfor the Twen tyseventh Session t be drawn on the order of the Tre dent of the Council 816 50 41For the relief of Kane County on account of tha Legislature having changed its cumdary lines to be drawn by the CounT Court of Kane County i 78 81 42To O G Snow collector of Box E de County for relief re-lief on account of delinquent quent raxes for tne yetBs yets 180 to 1881 inclusive 249 58 15To W N Dusenberry services ser-vices in eonpUatlou iwsttysixth Session 72 00 44To Samuel Slaughter for court certificates witness wit-ness fees in theca j of the Territory of Utah vs Josiah Kogersou 2820 45To John Snowball assessor f r and icollector of Rich County for relief on ac caunt of uncoiiectable taxes o t 506o 4iTo A tL Emerson Clerk of the First District Court fees In Territorial criminal crimi-nal business 1884 and 1885 549 45 4To John L Basher exAs sessor and Collector pf v Bmery County for relief d 1 Ion account of unc Jlecta I > 9 I ble tae upt > 1ss6i 79 21 4STo Join D JCilpack Assessor Asses-sor and CoLector of Emery County for relief on account ac-count of uncolkciable taxes h 1 9 49 Tothe2cseK < Jws Company 1 fJ f uriuingMurlng theawtnl 1 I tjseveuth session 151596 50To Utah County to reimburse reim-burse sId County for rent 33 < Court House fbrthf First miff L Judicial District Court from June 3J 1881 to Julynt fromJunc3J1881tJuly 10 000 51For the payment of wit nessts diidjurors in crhn t iuaVcoses in the District i 4 a Courts of this Territory forthe rears 18S6 and 17 r tobl drawn in equitable I jiroportTons f > each Dls viej to determined fV ricJ upon by the Auditor of f Publio Accounts40800 00 AccoutS 400 0 Travidid Thattthe above amount shall be drawn only uP nouch r duly Ji autnenticated for services as witnesses and jurors incases in-cases in which theTerri p2g tory is liable therefor t frovidedfurther that jur s 5tv ors in criminal cases v where the Territory is liable able therefor shall be paid 1150 per day frr each days actual attendaude at court ana tilieen cents per Sfjljfmlle one way for the dis g r 1 t tance necessarily traveled t I < A from he pl ce of summons > ito i-to the place of holding < Curt 52To N W Ch ton fo reimburse reim-burse him for clerk hue in 00 tje Auditors office for the Tears 18821883 ISbl 18S5 3000 0 53Tot Auditor of publie accounts ac-counts to pay lesl services ser-vices of the Territory l f m h 1000 00 This act shall take its effect from afcd after its approval by the Governor The bill was readrby items and all went swimmingly until i item 8 providing provid-ing b appropriation forth exesutive MBHATCH wanted it stricken out and so moved his motion being seconded sec-onded by Mr Farnsworth MB ALL N wanted Jtnowwhat the money had been used for in the past I i was necessary for the executive he wouId vote for it He would like tf knowfSr what reason i had been appropriated ap-propriated heretofore I MB TBUBMAN said it was an approbation appro-bation to meet the exnenses of the ex fveomcee was not able to say just what those expenses were I the gentlemen were not ready to vote for it entemen all rightpif they wante any further I information on it they would doubtless be able to get it He was decidedly opposed op-posed tostriking it out ME MOYLB wanted jit stricken out The bill was for past expenses I at the close of the session i was found that such an item was necessary ne would favor the appropriation MB ALLEN underwent a sudden rt vulsion of feeling when he arose and stated that he was iniavorof the item Being kept in MBJV KiSQfcknew of jno Teason why the should the Territory pay expenses of the t Executive Mansion The Governor was appointed by a power other than the people and i 1a y perquisites per-quisites were necessar let the government ment furnish them MB McTjAUGHLiir Did not you vote for i fast ytar JiKtKiso opposed it In the committee com-mittee 1 bilieve but voted for it in the House ME McLAUGHLIN You voted for i then w r W v MR KiKQ I opposed it whentw w first brought out MB CBEKB was in favor of the appropriation ap-propriation and Mr RcharJs also sup ported the idea of retaining the it mia the bill 7 t The question being put the motion t stzikeont Watloston lose vote stxikeoqt There w4je nofrJgreemdufs untilitem 24 was reached when Mr Hatch moved thatit be amended asit appears above ThereasdHf ormakihfr the motionhe said was because he understood l Mr Harrington had al readykbeen paid by members of this Qf House Jh s1 ervie s and he4h ought the amount should be drawn by the Speaker ajjddivtjJBdamong hoe hpj had contributed Adopted The items we e p ssed over in silence until 52A asre cufi > lyw hwu Mr Hatoh arose aid hskVa ftr in i toni HiJi would like to know whether the clerk re r err fi wasTafCleroa Ih AuditOrs farm in b QBcei irrS his insu ice I Eoclj L a it MgM TA iLNrDovet strke MR EOUECHE second that rMBrilicHABDs objectedto the item being obliterated and made a lengthy fipieih to that effect lenthy MB HOGE thoughtpherwi MB MCLAUGHLIN stud this ame man Clayton was auditor in 1834 and this Legislature sat in that year I he had clerk hire in 1882 and 1833 he knew i and it was his duty to have sent in his bill at the proper time I did not look exactly right for the account to run along since 1882 and then have him r bring in a round sum of 3000 for clerk hire I appeared to mm that the auditor had plenty of fine on his hands and emyloyed a clerk to attend to the bumess of his office He did not object to the auditor receiving a salary commensurate with his abilities but he did object to lugging in such an item as this i MB ALLEN again spoke in favor of striking it out MR TJUJBMAN spoke in favor of the amount being allowed the auditor He explained the efforts made by the auditor au-ditor to hays hts salary raised because of its insufficiency and the bill if just two years ago was just loday I have here the vote on the appropriation of this money two years ago and among the ayes I notice tho name of a gentleman gentle-man who is now objecting to itthe gentleman from Wasatch County IR HATCH You say voted in favor of it two years ago MB THCBMAN read theayes and noes and among them appeared the ame of Mr Hatch MB HATCH If we need I cerk we do not need an auditor The auditor is a very nice young man ana I personally person-ally like him but I do object to any r such appropriation I wish to do evenhanded iiintioa to both flip ncn pie and the Territory I tpd7 or the appro riati n bill last year I shall vote for it this yearwith these amounts stricken out MB HOOE thought the auditor was very well paid Good men had been standing rcnnd the streets who were perfectly capable of taking the office and fulfilling the dunes The complaint com-plaint that he wasnot fully pain was not borLe out by the facts Mr Claytoa had hurg on to the oflice with a tenacity tenaci-ty that was worthy of a better cause and even in the face of the judgments of the courts themselves s t MB RIcHEns opposed the striking out and thought the salary was a niggardly one MB ALLEN was not opposed to the auditor having a clerk i it was needed but so far as he knew it was not necessary neces-sary aud he therefore objected to i The motion to strikeout wag lost th only ayes beings Hatch Eotieche Allen McLaughlin and flpge Roqche reading The bill was then filed for its third fr FEOil THE GOVEEJOR A communication bn t Governor announced that lie had approved H F 15 amending the section of the laws making 13 years tho age of consent in 1 rape cases instead of 10 < j S Adjourned till 2 ptn Saturday |