Show The Business Transacted by the Legislature Yesterday THE TRANSITORY HERD BILL Allen Hungry For a Militia BillWilliams Bill to Prevent the Waste of Artesian Water The Southern Ute bill has gone to the governor for his action thereon It is underst ood that his excellency will return today without his approval the bill authorizing the secretary of the territory i terri-tory to appoint an executive messenger to serve during the session of the Legislature at a salary of i a day It is also understood under-stood that the governor is of the opinion that he needs a messenger and will accept one selected by the assembly but his nave na-ve modesty will not allow of his making a selection or allowing the secretary to do it for him 0 Some important amendments to the game Jaw were offered by Mr Benner in the Council yesterday Emery county must make an accounting for tho taxes the collector failed to collect at least thatis the decision of the Council What the House will do in the matter remains re-mains to be seen II Tne antipass bill was thoroughly discussed I dis-cussed in the Council but it has as yet failed of passage The governor has signed the memorial to Congress praying for legislation to enable the assembly to create and define the I Fourth judicial district Mr Williams yesterday introduced in the House a bill to prevent the waste of artesian ar-tesian water It provides that all persons per-sons owning or controlling artesian wells or water shall provide each well or other I source of such water with suitable stopcocks stop-cocks valves or faucets so that the flow I of water shall be cut off whenever the water is not in use Any person or persons I per-sons violating this act is guilty of a misdemeanor I misde-meanor The act is to take effect from and I alter its approval by the governor I I H F 12 Reids bill to provide for the assessing and collecting of taxes on transitory transi-tory herds was up before the House yesterday I I yes-terday As amende it now provides Where bands of horses or mules or both < > r herds of cattle or sheep are wintered in one county and taken into another county to summer the tax on such stock shall be assessable and collectible in either county when the owner of said stock is not a resident resi-dent of either county in which said stock are summered or wintered and the county court of the county where such assessment collection may have been made shall cause to remitted to the county treasurer of such other county onehalf of the county I taxes so collected after deducting there from the percentage allowed in such county lor assessing and collecting said taxes upon application therefor by the county court of such other county so interested Where bands of horses or mules or both oar herds of cattle or sheep are owned in one county and summered in the county where owned and taken to another county to be wintered before such time as they can be assessed in the county where owned the assessor of the county in which ssiud band of horses or mules or both or herds of cattle or sheep are in transit shalilist the same on a listing blank and transmit said list to the assessor of the county in which said stock are owned who iihull l at once enter said assessment on She assessment roll of said county and assess any special school tax against said stouk which may have been levied the school district in which said stock or transient herds are owned and the same shall be collected by the collector of the cetjniy in which said stock are owned the same as if said stock or transient herds had been personally assessed by the assessor of said county A list of all assessments made by the assessors of other counties in accordance accord-ance with the provisions of this act shall be made by the assessors of the various can Jtics to whom the same has been trans znited immediately upon the completion of the assessment rolls and deposited with the county clerks of the several counties and upon the payment of said tax by the owner of said transient herds the county court of the county in which said stock eor transient herds are owned shall cause fa be transmitted to the county treasurer of the county in which said assessment or listing was made onehalf of the county tax so collected together with the percentage percent-age for assessing on the entire amount The county clerks of the several counties sire hereby authorized to issue certificates uader the seal of their respective courts to tbc owners of stock in their several counties coun-ties ihO summer their stock in the counties coun-ties In which they are residents and winter them in other counties in this territory reciting said facts which certifi ates shall be produced by the owner of said stock or transient herds or the person per-son in charge thereof for the inspection of the assessor of the county m which said stock t or transient herds are wintered to aittle them to the beuents 6f this act Where stock or transit nt lx rds are assessed as-sessed and wintered in the county in which the owner of said to k II Uanhicnt herds Is a rosidf nt the assessor of said county is hereby authorized at the time of said at aessmcnt to moke and danver to said owner sx certificate of said aE c smut Provided said stock is to be summered in another county of this territory and said certificate upon being delivered to the assessor as-sessor of the county iu which said stock or transient herds are being summered shall exempt saul stock or transient herds from further assessment and shall entitle said < county upon application to the county court in which said stock or transient herds were assesses to onehalf of the county tax USSt s > tc aainst the same All laws in conflict huivWith are hereby re 1 pealed ed It was read the second time and filed THE COUNCIL After the usual opening exercises Mr Hatch presented a petition asking that the present game law be amended by striking ont the words or bird or fowl wherever at occurs in section 4743 Referred to committee on judiciary THE SOCTJJEHK UTES The committee on enrollment reported that C M 1 with regard to the Southern Utes had been properly signed and sent to the governor for his action THE VALiDITY HILL C F 14 to validate and make admissible in evidence certain deeds conveyances mortgages etc affecting real estate was likewise reported as having been properly signed and sent to the governor for his action The report was adopted i TIlE GAME LAW Mr Benner introduced C F 20 t with relation re-lation to game which prohibits the killing of elk or deer between the months of Juno and September and makes a violation a xnisdemeanor I It also treats with wild fowls and the I reeponiDieToT law fc tiiiiuLUtiuiuuu iku other game acts are repealed It was referred to the committee on fish and game MUST PAY THE TAXES Mr Booth presented a resolution instructing I in-structing the auditor of public accounts to I at once take steps to recover the amount of taxes due from the collector of Emery county Mr Bryan thought that such a resolution was not essential but the chair held that it was the proper mode to get the matter before the House Then followed a discussion as to the work of the territorial board of equalization equaliza-tion which showed that some great differences differ-ences in the rate of taxation existed with the counties adjoining Emery and it appeared ap-peared that the latter county was far below the neighboring counties in this tax on railroads 0 By request of Mr Lund the resolution wag read a second time Mr Barton favored the resolution because be-cause it was apparent from what an official of the Rio Gland Western had told him that the taxes of this road were lowered some SiOftO by the issuing of passes to county officials Mr Hatch thought this was a direct implication plication of bribetaking by these gentlemen gentle-men rnd he felt it his duty to defend them He is yetbonaly acquainted with a number o f tHr > e county officials and knows them to bo an honest set of men Then again wh proceed only aeninbt this county of E lH ryi Why not n so come on to Salt Lac county for to pay her old debts Mr Beuner dcfendul the honesty of Salt Laic county and thought if it appeared hat the official persons of that county had neglected their duty they skould be made to pay for it Mr Richards thought that this Lsgisla tire body was not sitting as a body of jurisdiction but the law was plain as to the point on taxation and the officers must perform their duty even if it made the offices hard to fill as is the claim set forth by Mr Hatch The resolution was adopted TO AUTnOKIZE IltOBATE COURTS C F 15 to authorize probate courts to grant orders in certain casts without publication ication of notice came up for its third I reading Mr Hall moved to strike out the words or guardians which was carried Mr Barton moved to amend by adding after all the heir devisees and legatees the words who are not minors Car led Pending the discussion Mr Brynn occupied the chair Mr Richards moved that the word judges be stricken out after probate and courts be added Carried Mr Benuer moved to add any so that it would read that any probate couit of this territory is authorized etc It was carried Mr C C RicUards offered to amend by adding the words all persons who shall appear from the records or files of the court to be interested therein after the words or other legal representatives which was adopted On motion the bill was placed on its passage pas-sage By mistake of the chair he tried to pass it by a voice of the Council It was passed by roll call and all answered in the affirmative affirm-ative THE TIME TABLE BILL President Richards again resumed the chair and C F 2 requiring railroad train dispatchers to make public the time of departure de-parture of trains was taken up for its third reading Mr Hall moved to strike out the words public place and add at such station Carried Mr Booth moved to strike out the words the time of in section 1 which was carried car-ried On motion the bill was placed on its passage pas-sage and passed with a full vote in the affirmative The title of the bill was made the title of the act after adding the words and com panies after the word railroad THE ANTIPASS BILL C F 14 prohibiting railroad companies from issuing and public officers from receiving re-ceiving passes or free transportation came up and after its third reading the wording was somewhat changed in section 1 without with-out materially changing the meaning On the motion of Mr Hall sections 2 and 3 were transposed Mr Hall moved to change the rate of toll to be collected of passengers from 3 cents to 4 Mr Barton objected on the ground that all over the country the rates charged do not exceed 3 cents Mr Bryan did not favor it for the reason rea-son that all who can afford to buy mileage or commercial rates ride for less than 3 cents and it is only the very poor people who must pay the higher rates Mr Hall held this was right enough on account of the large amount of patronage received this custom is a well established commercial rule in all lands and all business busi-ness Mr Collett thought not much would be gained by the cutting down of rates as railroads would add it again on freight Tares He stated he would vote for the amendment because he did not think it wise to try and rule large syndicates Mr Benner moved to refer the bill back to the railroad committee and afterwards changed it by consent to postponement of further consideration till next Monday Carried TO APPOINT JUSTICES OF THE PEACE C F 19 amending section 164 article 6 book 5 part 2 volume 1 of the compiled laws authorize county courts to appoint justices of the peace and constables in case of vacancy came up for its third reading Mr Richards moved to add section 2 making the act to take effect upon its approval ap-proval Carried The bill then passed by a full vote of the Councilors present rilOM TilE HOUSE A message from the House announced that the governor had approved a memorial to Congress with reition to the forming of the Fourth judicial distict at Ogden The Council was also informed that the HOIs > had passed H F 27 The bill was read and referred to the committee on judiciary ju-diciary COURT COMMISSIONER TURNER Mr Booth presented the report of John W Turner court commissioner of the Provo department of the First judicial district dis-trict It vas read and referred to the committee com-mittee on claims HATCH Ox A HOLIDAY Mr Hatch requested to be excused from attendance til Tuesday next Granted Messrs Richards and Bryan asked to be excused from attendance Monday next which was granted Council then adjourned til 2 oclock today to-day THE HOUSE An error in the House proceedings of yesterday made Mr Reid excused until Monday It should have read Mr Smith I There were the usual preliminaries yesterday yes-terday afternoon HlOM THE GOVERNOR Governor Thomas notified the House that he had approved the memorial to Congress Con-gress in relation to the creation of a fourth judicial district in Utah ON TRANSITORY hElmS Mr Williams from the committee on I ways and means reported recommending that H F 12 providing the assessing and collecting of taxes on transitory herds be placed upon its passage Also on H F 13 authorizing the several county recorders to furnish abstracts of mortgages to assessors of the county in which the mortgagee resides with two slight amendments which were adopted and the bill placed on file for its second reading TIlE FUND BILL Mr Hammond from the committee on private corporations reported favorably on C F 5 a bill to enable assqciationststo become be-come a body corporate to raise funds to be loaned only among the members of such association and the bill was placed on file for its second reading MUST PAY THE TAXES The Council notified the House that it had adopted the following report of its committee on ways and means Your committee on ways and means to whom was referred the accompanying letter or the i tionof taxes in ordering an increase 01 tntiisT esstd values of leal estate in that county report re-port as follows In 16S3 the territorial board of equalIzation found a portion of the various counties ties including Emery assessed very much below other property and so informed the county courts and advised them to raise the as seDiment on certain railroads In most of the counties their advice was taken and the assessment assess-ment iucreased Emery county however re used and in l8SS made nearly the same assessment assess-ment on railroads as they had made in 1838 The territorial board then ordered an increase of CO per cent on the assessed value of right of way and roadbeds and T3 per cent on rolling stock of all railroads in Emery county so as to equalize equal-ize the assessment of that county on such property prop-erty with the assessments of other counties in the territory The committee are of the opinion that the notion ion of the territorial board was legal and just nd find no reason why the 81903 should not be paid into the territorial treasury and therefore recommend that the auditor be instructed to collect the same Committee on ways and means A FAVORABLE REPORT Mr Thurman from the committee on judiciary ju-diciary on H F 14 reported favorably and the bill was filed for its second reading read-ing A SUBSTITUTE BILL Mr Russell presented H F 31 a substitute stitute for H F 18 for the better regulation regula-tion of transitory herds and for other purposes pur-poses It was read the first time and referred ferred to the committee on highways TO PREVENT WASTE OF WATEIt Mr Williams presented H F 33 a bill to prevent the waste of artesian water ANOTHER LIQUOB BILL Mr Lund presented a bill in reference toe to-e sale of intoxicating liquor It urohib its the sale of liquor on any day set apart as a public holiday except for medical purposes pur-poses upon the prescription of a physician phy-sician UNDER SUSPENDED RULES H F 27 a bill amending section 2825 of the compiled laws of loSS pertaining to rules and regulations under the townsite act It adds to the section the following Said money shall be drawn for the purposes pur-poses before specified upon orders of the city council or county court as the case may be and in the same manner as otlur moneys drawn from the said treasuries The rules were suspended the bill read the third time and passed The Council sent in a communication to the effect that it had adopted C C R 7 instructing the auditor of public accounts to at once take steps to collect the 1903 due the territory from Emery county Referred TRANSITORY HERDS H F 12 a bill to provide for the assessing assess-ing and collection of taxes on transitory herds was read the second time I The Council announced that ithad passed O F 15 Referred READ THE SECOND TIME H F 13 authorizing the county recorders record-ers to furnish abstracts of mortgages to the assessor of the counties in which the mortgagee resides was read the second time A RAILROAD BILL A message from the Council conveyed the intelligence that it had passed C F 2 OBSTRUCTING THE HIGHWAYS H F 17 amending section 20S4 of the compiled laws of Utah to make it read as follows passed its second reading went to its third reading and was passed It is as follows Section 2051 Any person who wilfully or carelessly care-lessly obstructs or injures any public or other highway by flow or seepage of water or who permits water under his control to escape many m-any manner so as to injure any public or other highway or any person who shall wilfully or carelessly place or leave or cause to be placed or left any log timber stone wood or other material or any machinery wagon or other ve hicle upon any public or other highway in such a way as to obstruct the travel or to endanger property or persons passing upon such highway is guilty of a misdemeanor The bill amending section 53S1 of the compiled laws by inserting after the word tpartya m the sixteenth line of said section sec-tion the words except where said losing party is the people of the territory was read the second time ANOTHER COUNCIL BILL A message from the Council announced that it had passed C F 19 It was referred re-ferred to the committee on judiciary A MILITIA BILL WANTED Mr Allen offered a resolution instructing instruct-ing the committee on militia to report a bill organizing a territorial militia Mr Hammond wanted it referred to the committee on militia Mr ThurmanWhy not reorganize the Nauvoo Legion Mr Allen hoped the resolution would not be referred to the committee The lire was now ripe for such a thing Mi Crcer We had them once Mr Thurman But I want those drum corps left out The resolution went to the committee on militia and the House adjourned until 2 pm today |