| Show I TWASARATHR I EXCTIG DAY f The Third Precinct Cases Bis I posed of by the Constitutional I Constitu-tional Convention CAUCUS RUE ENFORCED But There Was a Lot of Oppo 1 ii tion I ccnreN YnrlnnS Scores the Ruling Faction VeT nratfolm Henry Smith George n Bmerji TV 11 Preston Andrew Klnmll and A IT Jlaleigli Sworn nt Cent Dcnl or Oratory and nut Iivil < Accomplished John Kcnry SmiiU Decided Upon tay the ReBuMIvUm Caucus lor President i Testerdav in the constitutional convention con-vention was very exciting but in the end the Republican caucus programme wa5vGarried out to the letter and the I I J preliminary organization took upon t itself the prerogative of proceeding to the seating the five members from the I Third precinct before It had adopted I the report of the committee on credentials t creden-tials showing who was entitled to seat In the body The argument made against such a I revolutionary proceeding in the committee l com-mittee of the whole wa well sustained by Tartan the free lance Republican I and Messrs Roberts and Evans of the j minority of the committee on credentials t creden-tials On the other side there was an j amazing paucity of brains I was a matter of wonder that the Republican caucus coulC have found no more ace spokesmen than Tan Home and Dennis Den-nis Eichnor Neither of them could rise to thp r casion anti their efforts were but poflljy seconded by the Fourth of July spread eagle speech of George 1 Cannon and some of the other efforts tat were offered up from among th cow county members A Great Crod Presentt I The prospect of some lively sparring I drew a very large crowd and loc before be-fore the hour of convening the aisles were so packed that delegateshad the utmost ut-most difficulty in gaining admittance to the floor Candidates galore including includ-ing the great and only 2ake Green Keat wad were promptly on hand looking around among the members and try I Ing t impress them properly Advo of various provisions of the cates cat prvision te con stitutionwere also hand and ttutonwere on making hay while there wa a chance Most of the Republicans came down early In order to talk over things and prepare to swallow the dose of the caucus without more grimaces than was positively posi-tively necessary It was 2 curious thing I that Charley Crane Judge Goodwin and John Henry Smith all came in rather late The prospective delegates I from the Third were all present and i listened attentively t their tia Chancy UK u Herder 1 S During the whola session of the day thy Republican members showed that I i It had not taken them very long to learn to follow their leader The abil ity to bring them into such submission I I submis-sion wjis evidently the work of Charley who has not been Bheep Crane a owner I for these many long years without learning a little bit about herding All I he had to do was to apply his knowledge j knowl-edge rel sheep to the Republican delegates i I dele-gates Wad the combination was most perfect In tact the caucus rule worked l so smoothly that one would never have supposed the members thereof to have known what i was to think for themselves CUlet to Order Mr Kimball caUed the convention to order promptly at 1030 yesterday morning j morn-ing and Messrs Closes Thatcher and Hammond of Grand were sworn in j Jolley of Sanpete said that Christain sea and himself had taken the oath of I office private before Chief Justice Merrit and therefore did not need t be sworn in again There was some question however about making the record straight on this proposition and i 1 in the most innocent manner possible Jolley said he hardly thought there could be any Question about It Chairman Cannes Crane was with us he saId us There was an audible titter in the room Evans of Weber arose innocently and asked Will the gentleman please repeat the name of the person who was with them themMr Crane of Hanosh said the chair and the convention caught the joke and laughed heartily at the perfect per-fect astonishment displayed d by both Jolley and Christiansen Committee on Cicdcivttals The report of the committee on credentials cre-dentials was submitted by Chairman that the committee Strevell I stated commItee had found the list of names submitted ted btf Secretary Richards t be cor I vt uS d recommended that the per onged therein be duly seated in the convention Then the following1 te cn additional report was made Your committee desire to further report that affidavits have been filed with them Intending to show that John S t t itendinl Henry Smith George R Emery Andrew An-drew J Kimball William B Preston and A H Raleigh are entitled seats in this convention from the Third precinct pre-cinct Salt Lake city but in the opinion opin-ion or this committee we have not the power to pass on these matters and they are hereby made a part of this report and we ask the further pleasure of the convention a1 Harne a spokesman i chief for the TribuneCraneSmith crowd immediately moved that the report be referred back to the committee with power to report on the qualifications of delegates from the Third pre inct Dennis Eichnor seconded the motion with a great flourish Svorvit by Ynrion No one appeared anxious to speak for the caucus and Varian arose to speak He said he wanted to contend ihat this body was without jurisdiction jurisdic-tion in the matter It had the physical power Men might cast their votes pcer S with one another and do something WhIch they liave no legal right to do he preliminary organization is not te constitutional convention Them 1 The-m s have simply shown their Tbtc participate after tho conven ion sdali b regularly organized The l 5 body absolutely no authority under I parliamentary law or statutes as a legislative leg-islative or deliberative body The right to judge of the qualifications qualifica-tions of the members of this body undoubtedly un-doubtedly exists after its organization That involves the highest right of representation rep-resentation But the proper stage had not been reached The enabling act makes applicable the territorial election elec-tion law which provide that the only prima facie evidence of election Is the certificate issued through the canvas sing board especially created That certificate can be the only prima facIe evidence of a man to sit in this body This is not 2 new question I there had been no statute applicable In this case the general rule would apply and the men could have been seated only under their certificates The member seated under this certificate whether rightfully or wrongfully would hold his seat until the convention had been fully organized and the subject given thorough and just investigation through the proper committee Varian then Quoted from Cushlngs manual of parliamentary law and also from McCreary on elections In support of his contention that the preliminary organization has no power to go behind be-hind the certificates or to make any Investigation whatever in case there be a lack of representation Both held that over such subjects as those the regular permanent organization had the only jurisdiction In the case then under discussion he continued no return whatever had been made regarding the representation representa-tion from a certain precinct The preliminary pre-liminary organization had absolutely no knowledge that an election had been held It could have absolutely no knowledge until it becomes a regularly organized convention and investigates the matter through its proper committee commit-tee All there was before the body was some affidavits alleging that five certain cer-tain persons had been elected But these were not sufficient for the committee com-mittee They could not take the place of the certificates required by law without overturning the laws customs and traditions of a century He did not doubt that when the convention con-vention had been fully organized I could reach out its arm and take charge of this Question I would then be its right as a sovereign body to judge of the qualifications of its own members But no more than a court of justice can it act summarily without with-out giving full and fair investigation of all the matters that might be placed before it In connection with the case I is no answer to say that a part of the people of the territory will be unrepresented for a time if we will wait for regular organization and Investigation In-vestigation I Is far better that some portions of them should be unrepre seated than all I would be better to have a portion unrepresented all during dur-ing the session than to delay organization organiza-tion and idly fritter away the valuable time of the convention Where is your authority for this he continued There Is none What Is your motive in this case Will it bear the light Do you believe in your consciences or under your oaths that you have the power to do this If you have the power lo you think it is expedient to do this thing Do you thing it wise for this body formed to make the organic law to set an e I ample to be followed by futures legis I laturefc Do you believe you should adjourn overday after day in order to decide on the qualifications of the I members from the Third precinct What reason ijTlHere Tor 117 Are we I to show to the people of the territory > and the country that we cannot form a permanent organization until we have determined on the seating of some few men That is the spectacle ne will present There Is no dis Using i j He did not believe the committeeS committee-S would have power to Maite ary deti i slon on a contest The matter could S not be determined on affidavits A I mere passing view of this kind would not determine the qualifications of the 1 men or the number of votes cast for them There has been much biter i ness since election over this Not one I I there however could then say where the right lay They could not until after hearing the whole case He appealed ap-pealed t the delegates not to write this shameful record on the history of the constitutional conventiin at tie beginning be-ginning Their acts will be judged by the future The people In years to come will look upon what we Lave done In 2 calm judicial spirit The game was not worth he powder They could not afford to make the record Their duty was to go on ivlth the or ganlzatlon and then take up this question ques-tion He asked what a spectacle would be presented in case the man war seated and one placed in the office of president presi-dent and afterwards it was found he I and they were unqualified Then they I must be unseated and what a speo tacle the convention would present It would be almost 3 crime It would be against parliamentary law and the people of the territory Hp said that the action of the parliamentary organization organi-zation if i referred the matter to the committee meant that there would ben be-n hearing or that the matter had already al-ready been decided I evidence vas to be taken and the matter thoroughly Investigated that would take time and the body must adjourn over from day I to day I no hearing was to be had I 1 why refer I to a committee Why not take a vote immediately und decide the question < Tan Home Koilio s Van Home the mover or the motion was livid by this time John Henry Smith had sat behind Yarim all the time the speech was being made and showing his agitation in many ways When Van Home arose to speak he looked relieved and nodded his head with pleasure during ill the speeches in favor of the motion Van Home said he felt it was his solemn duty to speak With him In making the motion there was only one question of whether it was Just and right that the convention should act He claimed that the peopU were entitled en-titled to their rights and all he wire I contending for was representation ftr the Third precinct He claimed tha body was a convention as soon at 1 met and had sovereign power Then he immediately controverted this bv advancing the proposition tnat it < vas not a convention until it had 107 members I mem-bers as that was the number prescribed pres-cribed by the enabling act He claimed claim-ed that when It was found that a certain cer-tain part of the state was found without with-out representation It was thf right of the convention to 20 into the matter and Investigate the circumstances which brought about suan u tate of affairs He admitted the lability cr these members to contest in t ase they should be seated by the preliminary rttanissa tion I might be possible ti n the permanent organization would Unseat them But he wanted 1 see representation repre-sentation He did not look on the question from a partisan point of view He was ready 10 vote for the seating of three Democrats and two Republicans The only question with him was whether a i 2 pennicnut organi nation should be effected without Kiv Ing all the people u chan to take part in it Varian he said admitted the power of the body to take action I If it exercised that tfower would intact int-act be Illegal Could any question as to its validity be rals3d I TJmrnian Takes n luna I Thurman of Utah said hat his vote I would depend to a sr33t extent on the I I S J Continued on Page fj L K 1VAS RATHER J EXCTIG nAy Continued from pose 1 > I motive underlying the motion He asked Tan Home vhether it was intended j in-tended to etefer orsab ton JintlJ H j 1 eport was made or wbctfcer the com I mae t Hbitttee should be given the question and an organization effected wltnout Yfaiting for to take action Van Home replied the motion contemplated con-templated nothing but what it es DressecL But insisted Thurmnn 9 5s the purpose to defer organization f No l replied Van Home Then I am to unfleistard that you are Trilling to proceed immediately to cn organization Van home saw he had been corn r t red I will ear ho replied that the purpose is to submit this to the committee If com-mittee and if they report on this question r ques-tion then ire TvliJ rroc sd to consider the subject of organization t Thurman smiled and sat down 1 Evans Hot Shot Brans of Weber contended that by the law governing the case the Certificate r Cer-tificate or election would be the only l evidence of the right of persons to sit In the convention I the preliminary f organization should attempt to seat I f nersons other than those holding such f certificates of election t uch action I would be revolutionary Could the body f afford right in the beginning to place upon record an act which would be I revolutionary Preliminary organizations organiza-tions simply act to find out prima facie who shall sit After permanent organization organ-ization i is the rule that all persons t I f having claim to seats shall present Their claims teir clam He gave a complete answer to Van Homes contention that the enabling act made the body a convention as soon as it met He showed that the I act provided that the delegates should m et and organize and no convention could be lecognized until an organization f organiza-tion had been effected If the matter was referred to the committee they wa must take all evidence that might toe brought before them They must maine t 3 full investigation into the election f Jf discrepancies appeared they could I open the ballot bodies and count the ballots They could not take newspaper II I news-paper dence items or general gossip as evi Van Home asked If Erans would hcld that the certificates were thetmly evidence after an organization had been effected Most certainly not said Evans 1 believe that after an organization has been effected it will be the right of the convention as a sovereign body to I taks cognizance of such things That I is Its paramount authority I would f not Tsish to be understand as denying t What we want is regular procedure Then it is regularly determined what I persons are entitled to seats from the Third precinct the Democrats will join I wit the other side in voting for their I sealing James asked i the procedure is different dif-ferent between temporary and permanent j perma-nent organization Evans said the difference was marked Temporary organization could marked Tempor orgnIzaton take only prima facie evidence The permanent organization can make a I Jeraent orgR1aton full investigation What if these men wore seated and one were placed In the chair and afterwards it was found that I he must be unseated What a spectacle I that would be A General Dltcafislan II Dennis Sichnor arose and addressed the chair in 3 loud voIce Sauaring himself he pointed his finger at Varian I I commanding tones he asked Dh not the gentleman who first + spoke against this motion move the appointment of this committee on credentials 2 Tes answered Varian with a sardonic sar-donic mie Then you trw the whole subject open shouted Dennis Ea continued that he was willing t deal wilh the Democrats fairly and seat three of them while seating two Republicans He said be was acting in I the interests of a people who had seen enough of disfranchisement He thought the matter was as clear as day No one could doubt for an instant In-stant that the five men mentioned in the committees report had been elected r Then if you have made up 0t minds to seat these men why do you refer the matter to the committee I Why not take action at once 1 asked I HSvans b We want to get the thing regularly before the house was the reply Ivins asked if Dennis could give any authority for his contention that the contenton auoriy I f Uot ommitte on credentials had jurisdic tionDennis I Dennis cited several stales where f this committee had had such jurisdic 1s lon but was forced to admit that he 1 did not know whether it was on temporary tem-porary or permanent organization Chidester the sergeantatarms from I JGarfield said he did not want to do anything revolutionary He wanted to act fairly He did not care to face his constituents and have them accuse < him of a lack of backbone He believed be-lieved there should be full representation representa-tion He believed the convention had power to refer the matter back to the committee He believed justice would then be done James and Varian both appealed for recognition Varian was recognized James however had been preparing a peech and was anxious to begint He insisted on recognition and said Var ian had already had too much time and he wanted some Varian denied Elchnors contention that tire appointment of a committee on credentials had thrown the whole matter open The committee could liave been dispensed with but this tact did not enlarge its powers He I challenged proof from anywhere that such commttee had mon power than to look into the face of the returns He scored Eichnor for having already made up his mind on the question He ae ready to decide at once on the Question J a full investigation was had and different results arrived nt what would he do He has had no particular par-ticular connection with the ease and yet he Is ready to vote The Question was as to whether the preliminary or ganlzatlon had the right t at They had not power to control the appropriation appro-priation made by Congress Then hew could they call witnesses How would they have a hearing Eichnor arose to deny that he had no E JniowJedgC of the case He said he had been present at the canvassing hparc 7 and had seen the totals cast up Varian turned on him and ave him a cutting roast He said that was a nice method fo a lawyer If Eiehno had been the chief Justice he would have held no hearing He would have known all about the matter His mind r would have been made up He would r have told the attorneys he did not j want to hear them and would haTe ordered a judgment entered up James UrtLUcs His Speech t = James o Salt Lake came up ond ki more This time he was on his feet I before Varian had finished and was razing appealingly at the chair HG was recognized and with a lead pen Q ell in one hand and his written yet ye-t inavks 1 aa other hIs beard faIrly i bristling with righteous anger h e j sailed in He said the temporary o r sanlzation could do anjlMng that could be none by the permanent or ganizatlen The members lad abs f lute power to give representation In this case What 2 we here for fte asked Jjut there was no reply By this time he was growing cited and a discarded his notes Hg sald he was willing to proced The 1 wivtjjtiott was absolutely untram t4D f 1 ea f c meled We are not governed by he said and with pencil and notes shaking shak-ing In his hands he seemed to be reaching out for the nest word Precedent interjected Prank Pierce and It brought down Che house Alter being literally riddled with questions James finally closed up with a claim that the conven on could do anything lpberb Hits the Nail on the Hcntt B H Roberts said there a no disposition dis-position to deprive the Third precinct delegates of their seats The only question was whether the committee on credentials would have authority togo to-go Into the master He recognized behind be-hind this an endeavor to make certain cer-tain person eligible a a candidate for the presidency He recognized that it would be well to have the matter set ttled but saw no reason why several days should be uselessly wasted by the other 102 delegates James was not I right In his contention that fhe temporary tem-porary organisation should do anything any-thing thaJt could be done by the permanent I per-manent organization There is aground ground of contest and many days before the I I might be frittered away committee would report We are to do all this he said to dye one man B chance to aspire to the presidency I it true that there is but one man who can be made president presi-dent of this convention He admited tlhat six days had been spent by the convention of South Dakota before organization was erected Dakot was i footed but held the time had been I i not wasted This convention should pick bad from bad I should proceed I ion i-on lines which are certtoinly right Individual j In-dividual ambition should give way to the public good I Judge Goodwin Kenrd From Judge Godwin said this was simply authorizing another report from the committee He would assume Roberts that there was not one man only who could be made president He said there were 102 and he wanted to have 107 whereat the Republicans dutifully laughed applauded and laughed George 11 Cannon followed with a Fourth of July oration He said the July oraton question involved was that on which Queston the declaration of Independence was founded He did not want to see alack lack of representation I these men were not seated 1400 American citizens would be denied representation The convention he held could decide on hat matter and the committee could be given power He claimed the right of representation was not a small ling Hart moved to adopt the committees report but the motion was not seconded second-ed owing to the haste of the chair In recognizIng Van Home who again insisted sisted that the convention would note not-e complete without 107 members Murdoch of Beaver added his voice to the same effect Eldredge made another spread eagle speech in which he posed as the champIon cham-pIon of the declaraton of independence indepen-dence and a dozen and one other things He wanted the members seated seat-ed at once He echoed Van Homes propositions and said he wanted no more disfranchisement Brought to Vote Moses Thatcher said it was peculiar that all this time had been spent In discussing the reference to a committee commit-tee of a subject over which It claimed no jurisdiction He read the committees commit-tees report and said there was no division di-vision a to the right of five gentlemen gentle-men to have seats but it will take us some time to find out who was elected He did not believe this time should be wasted The vote was then taken on the mo ton the roll call the following members mem-bers voted aye Murdock of Beaver Anderson Gibbs Peter Lowe of BOK Elder Maughan Chidester Peterson of Grand Hey burn Hyde Ryan Coray Robinson Thompson Crane Allen C P Larsen of Sanpete Lund Jolley Lauritz Larson Lar-son of Sanpete Page Petersen of Sanpete Christiansen Williams Cannon Can-non Bowdle Green Cushing Squires Shurtllff Haynes Pierce Symons Bichnor Moritz Mackintosh Lambert Hill Morris Button Van Home Wells James Goodwin Ricks Miller Brand Icy Eldredge Keith Kerns ilurdock of Summit Stover Clark Maeser Murdook of Wasatch Robinson Far Strevell Driver Adams McFarland Klmball The following members voted uno Peters William Lowe of Box Elder Thatcher Kerr Warrum Hughes Thoresen Lowe of Cache Hart Roberts Rob-erts Call Barnes Sharp Howard Francis Nebeker Hammond Varian Frncs Johnson Thurman Corfman Partridge Part-ridge ban Creer Holiday Lemmon I Boyer Engberg Thorne Cunningham I Buys Ivins Snow Evans Lewis Maloney I Ma-loney Spencer Absent Richards Whitney Klesel I Robertson A recess was then taken until 2 oclock Charley Crane wanted the motion mo-tion voted down and called for division on the vote but the members took the matter into their own hands and broke up at 145 Committee on Credentials Meets During the intermission the committee commit-tee on credentials held a short meetIng meet-Ing The affidavits on file were taken up Commissioner Sherman gave some short testimony and the court records were taken into consideration This was sufficient to convince the Republicans cans and the Democrats were too anxious anxi-ous t have business dispatched to make any endeavor to lengthen out the time So it was agreed to report unanimously unan-imously in favor of seating Messrs Kimball Emery and Preston Raleigh imbal Eery an Smith When the convention met again at 3 oclock a committee on site for holding hold-ing the convention and furniture was I appointed Messrs Moritz Thurman Nebeker Hyde and Lund being designated I desig-nated Robinson of Kane who had been picked on to speak for the caucus moved to adjourn There was a protest pro-test from the Democratic side but Robinson was firm There will be nothing done until that committee reports he said I He yielded however to a motion of Thurman that a committee be appointed ap-pointed for the purpose of deciding on the number and membership of com mfttees of the regular organization The motion carried and the following committee was appointed Pierce of Salt Lake Snow of WashIngton Wash-Ington FrancIs of Morgan Allen of Piute Chidester of Garfield Kieth ot Summit Ryan of Juab Kerr of Cache Stover of Tooele Jolley of Sanpete Pesters of Box Elder Howard I of Emery Roberts of Davis Hey I I bourne of Iron Robinson of Kane I Corfman of IRah Buys of Wasatch Maloney of Weber Nebeker of Rich Robinson of Wayne Thompson of I Millard Peterson of Grand Howard of San Juan Miller of Sevier and Johnson of Uintah Report Adopted The committee on credentials announced an-nounced Itself ready to report and Strevell submitted the following Your committee to whom was submitted sub-mitted the matter of right to seats in the convention from the Third precinct of Salt Lake city beg to report that they have examhie the evidence in i the above named cases and find from the face of the rdturns that the following lowing named gentlemen are entitle to seats In the convention George R Emery W B Preston John Henry Smith Andrew Kimball A H Raleigh and that there is no contest in any of these cases We respectfully recommend recom-mend that they be settled In the convention con-vention The report was adopt d with only one dissenting vote from Geo Ryan of Juab and Messrs Smith Raleigh Emery and Kimball came before the bar of the house and were sworn In Bishop Preston was not present Robinson of Kane was on blew feet again to press Ithe caucus programm Evans protested against adjournmen w He wanted to proceed Immediately to organize He said the expenses will amount to almost 51000 per day and there i but 30000 appropriated Van Home asked the chair to announce I an-nounce the meeting pf the Republican caucus at 4 oclock but no notice w taken of hIm Invitations were extended from the Sanitarium SnUatIum Adjournment was then taken until 1030 this morning I |
