Show WITH THE LAWMAKERS 3uiet Day in Both Branches of the Legislature THE SENATORIAL CONTEST RESOLUTION rnOVIDIXG FOR THE rnOYIIG 3IAHVXER OF THEIR ELECTION Allison Leads a Fight on the Fee Hill The Silver Memorial Ile Itorvod in vUc House Vcrguson Introduces Some More Labor Hills On Excmxition Measures lrrei < entcd I II I i Bcnptor Allison did not introduce a war measure in the senate yesterday but it is rot war alone which hath her virtories Peace gets an inning oner in a while and when the session endrd yesterday the member from V > her had the scalps of Senators Booth and George Sutherland dangling at his belt Tht senator from the Junction is a persistent lighter He demonstrated that yesterday when the measure known as house bill No5 for an act requiring all state and county officers to turn over the fees collected to the treasurer came up Allison maintained main-tained that the measure ought not to pass until the legislature should rep re-p rt a bill fixing the salaries of these flicals that to cut off the fees now meant they would have to carry their emplojeps until the latter days of the session when the salary measure Tvould be passed Allison was jdined by Jones in this inor v war While the former argued against the manifest unfairness of the I n asuro the latter took high ground and attled off a dissertation on constitutional con-stitutional law Although Sutherland i something of a constitutional attorney at-torney himself although Booth maintained main-tained he had carefully examined the msiitution and the statutes despite tlit fact that our own Glen Miller warbled in sweet tones to the effect that the treasury was in danger if th fee system was not abolished in btauter Allison got away with the works and the bill is now in the hands of the committee on judiciary where I lie wanted it sent The measure passed by a majority of the senate but there is a provision in the constitution which declares that consttuton a bill to become active at once must receive a twothirds vote of both houses As a result when the vote vas announced Booth was forced to move a reconsideration of the same and the referring of the measure to the committee mentioned Senator Sutherland anticipating the election for senators which will begin on Tuesday next introduced a resolution resolu-tion which provides for the manner in whIch they shall be voted for The balance of the senate business was of a purely routine nature as will be seen from the report of the proceedings pro-ceedings As predicted in these columns yesterday yes-terday would be the case Senator Al I lisons silver memorial came atrain be fore the house yesterday and again a predicted no changes had been j made in it in committee or any consequence conse-quence Two words had been stricken from the end of one clause as superfluous I super-fluous and one other word was changed to better the grammer both of which amendments could have been made in the course of its passage a fact which demonstrates that the obstructions tact structions placed in the way of the speedy passage of the memorial by the Republican majority were merely matters of party spite to deprive the Democratic side of the house of the credit of having the memorial pass under its motion Unlike the day before be-fore there was no squabble between the majority and minority factions over the measure I simply came upon up-on report of the committee on memorials me-morials with recommendations to amend as stated and the report was received and laid over for future action ac-tion The Democrats took no further ster to urge its passage knowing they would be futile The house session was short and no business of any great importance was transacted A bill was introduced by Mansfield of Wayne revising and amending the existing laws covering exemptions from execution upon judgment The various sections are amended for the preferment of the judgment debtor and additions are radf exempting homesteads from execution and defining that amount of property which shall constitute the homestead The most important new feature of the bill is a provision exempting ex-empting water rights I provides that in case the owner of a water right transfers the same to a company or rorporation taking in lieu thereof tock in the concern such stock shall lie exempt the same as though the I water right had not been transferred Robinson of Kane introduced a house joint memorial to conge s asking forth for-th ann xatioin to Utah of certain portions of Coconino and Mohave counties coun-ties Arizona territory I is virtually the same measure introduced by Ivins at the last session which passed ands and-s sent to Washington In the introduction intro-duction of the memorial Robinson tole the march on Representative Andrus and secured for the cJed Republican side a little mar of the Democratic thunder thun-der Andrus had the memorial all pro I pared and was going to introduce i Monday but thancing to show it to the gentleman from Kane was requested t allow him to take i to procure moreS names to the petitnns which accompanied accompa-nied the memorial a = which were signed by residents and taxpayers of the region Involved The request was jreadily granted and Robinson proceed at once to remodel the document an introduced I yesterday as his own Ferguson continued to make himself p > id with the laboring p cpie by in rodacing tw > more bills for their benefit bene-fit One prohibits the employment off children under the age of thirteen except ex-cept under certain conditions and the other prohibits employers from coercing coerc-ing employers from membership in labor la-bor organizations This makes five bills in all which the gentleman from Carbon has thus far introduced on the subject of labor SEVATI2 The printers had the journal ready for the opening of the senate yesterday yester-day violating for the first time a precedent pre-cedent and after prayer by Senator I Candland the same wasread and corrected cor-rected SENATORIAL ELECTIONS ELECTION-S Sutherland sent to the desk jsenate joint resolution No 2 providing for the manner of votina for United States senators Theiresolutlon is as follows s Joint resolution of the senate and Jjpuse of representatives off the frt leslatuv of the state of Utah relating relat-ing to the anne of voting for United States senators Whereas No provision ha been made by act of congress or by the constitution constitu-tion of the suite a to whether the 1 vets shall be lo two United States r2i ssnators at the same time or first for ne eiiater Id then for the sqnd now therefore to prevent anvctaifu lon ic the manner oftaking lie rote 4 4 ° 1 O L a 1 S 1 and In determining the choice of he members of the legislature Be i resolved That at the day and hour specified in the act of anN the second Tuesday atfter the organtea tion of the legislature January 21 1896 the secretary of each house shall call the roll and each member shall by viva voce vote name two persons for senators in congress for the state of Utah And in case no person receives ceives a majority of all the votes of each house on the first day then when tooth houses meet in joint assembly the vote shall be taken in like manner each member for meber naming two persons fo senator until one or both shall te elected ted a provided by act of congress Mr Sutherland moved a reference ref-erence of this resolution to a select committee of three which shall act with a like committee from the house which was agreed to Sutherland Snow and Booth were appointed GREAT SEAL A communication was read from the house notifying the senate that Representatives Rep-resentatives Beard Nebeker and Rich had been appointed a committee on adopting a great seal The house notified the senate that house concurrent resolution No 5 providing pro-viding for the appointment of o committee had com-mittee passedHOUSE to select offices for state officers HOUSE BILL NO5 House bill No5 for an act providing for the turning over all fees collected was called up and read a third time Senator Allison argued that his constituents con-stituents wanted time to be heard on the matter I would be an injustice to pass the measure at this time unless un-less some salary provision was incorporated incor-porated While in sympathy with the proposition he thought the propose action hasty Replying to a question by Glen Mil ler Allison said he was in favor of allowing al-lowing all officers to collect fees and use them until such time as a salary bill was adjusted Senator Sutherland argued that the bill should pass because a continuation of the fee system was in violation of the constitution This bill merely carried car-ried out the provisions of the constitu Qonsttu I tion and works no hardship whatever I is important the bill should pass I and that immediately Senator Booth maintained that under the constitution the officers have no right to collect fees for their own use They have no more right to collect fees than a district judge has to charge for hearing a case He believed these offi cers had a right to use enough to pay expenses a there is no penalty but as they are liable on their bonds can be compelled to make an accounting The salary law will be made retroactive inc retroac-tive and these officers will lose noth Senator Jones did not believe in passing pass-ing a law which would involve a constitutional construction and thus establish a precedent The argument of Mr Booth that after the bill is pas ed the officer could use enough for expenses ex-penses is puerile a none of them could use a penny without becoming crim inally liable While favorable to the abolition of the fee system he did not believe in working a hardship on the various officers by the passage of a summary measure like this one I is a question as to whether there is not a cantroct between the county and its officers that the latter shall receive these fees as compensation While not maintaining this condition was absolute abso-lute a similar construction might be placed thereon Senator Candland moved to commit the bill to the committee on judiciary after which Booth reiterated his former for-mer arguments Senator Sutherland closed the debate in favor of the bill arguing that it was mandatory that the measure should be adopted The motion to commit was lost ayes 7 nays 9 Allison offered an amendment permitting per-mitting the officers to retain 50 mittng te ofcers percent per-cent of the fees collected until such time as the salary bill is passed Sutherland made a point that the roll had been ordered called and was sat upon by the chair who held that Allison was in order The amendment died a bornin receiving no second Candland offered an amendment that all fees should b held a part of their salaries by the various officers until legislative action is taken Candlands amendment was voted down The vote on Allisons amendment was ayes 1 nays 16 Jones amended by striking out all that portion of the bill after a provision pro-vision therein contained providing for the payment of the fees into the treasury treas-ury thus leaving the cash in the hands of the various officers until salaries are fixed Jones held that these officers were under heavy bonds and the state protected Jones amendment was lostayes 2 noes 16 Senator Warner moved an amendment amend-ment that upon the deposit of the fees the treasurer should return 50 per cent to the officer making the deposit de-posit to be held by him for expenses until the salary is fixed by law This was also lost On the final passage of the bill the vote was Ayes Booth Cannon Chambers Driscoll Evans Miller Glen Miller R G Snow Sutherland Zundel 10 Noes Allison Candland Chidester Jones McKay Warrum Warner While this passed the bill lacked the majority to make i effective at once and under the rules Booth moved to reconsider the vote by which i was passed The motion was agreed to and the measure referred to the committee on judiciary An invitation to attend a session of the Utah School for the Deaf by Superintendent Frank W Metcalf was read and on motion of Senator Chides ter accepted The senate then adjourned THE HOUSE When the house convened and the preliminaries of opening had been disposed dis-posed of Robinson of Kane chairman of the committee on memorials nre sented the report of his committee to which had been referred the day previous S J 1 No1 Senator Alli sons silver memorial The report recommended amending the memorial by substituting the word to for and in the clause referring to the ratio of coinage making it read at a ratio of 16 to 1 instead of 16 and 1 as worded in the original and by striking the words on earth from the end of the clause praying for free coinage without reference to the action of any other nation Robinson moved the adoption of the report but the speaker ruled that fo signed by the residens and taxpayers praying for the action for the reasons that they are cut off from communication commun-ication with the citizens and courts of Arizona except by a difficult route through the wild country of the Navajo Nava-jo and Apache Indians that they are but four miles from Utah and desire her protection Arizona offers no protection pro-tection from the lawlessness of desperate Indian coun perate men who make the me of the prosecution try a refuge that refuge the lawlessness devolves upon Utah to owners of the detriment of property flocks of and counties that the herds focks countes mostly in TPtah the region are owned mosty 1 the citizens desire and that therefore citzens derived from the funds the benefit arising rived from taxation I NEW BILLS i The following bills were presented on first reading EXEMPTIONS H B No 25 by Mansfield of Wayne revising and amending section 3429 S 569 of the compiled laws of Utah of 1888 providing for the exemption homesteads and personal property from execution against judgment debtors Section 2 aginst law is amended by adding Provided that if a judgment debtor be the head of a family consisting of should be five or more members there a further exemption of two cows and their second calves Section 1 is amended by the insertion inser-tion of the following Exemption of a homestead consisting consist-ing of lands and appurtenances which lands may be in one or more pieces in different localities of the same county in which the judgment debtor resides or in different counties of the state together with the appurtenances and improvements thereon not exceeding exceed-ing in value the sum of 1500 for the judgment debtor and the further sum of 500 for his wife and 250 for each other member of his family Such exemptions ex-emptions shall continue after the death of the judgment debtor for the benefit of the wife or minor children surviving surviv-ing or in case the wife is the judgment debtor and the husband or minor children are not seized of any real estate of the value in the aggregate of 1000 then such exemption shall continue con-tinue until the death of the husband tnue unt or in case the husband dies before the youngest child of such family is twentyone 21 years of age then such exemption shall continue until such youngest child shall become twentyone 21 years of age In case the husband or wife desert his or her family the exemption shall continue in favor of the one occupying the premises prem-ises as a resident When a homestead of a judgment debtor is conveyed by the owner thereof such conveyance shall not subject the premises to any lien or incumberance to which it would not be subject in the hands of such owner and the proceeds thereof to the amount of the exemption existing at the time of the sale shall be exempt from execution or process for one year after the receipt thereof by the person entitled to the exemption and if reinvested in a homestead the new homestead shall be entitled to the same exemption as the original homestead home-stead Whenever a building exempted ex-empted as a homestead is insured in favor of the person entitled to the exemption ex-emption and a loss occurs entitling such person to the insurance such insurance in-surance money shall be exempt to the same extent as the building would have been had It not been destroyed In case the water used by the judgment judg-ment debtor or any member of his family for domestic or i i i gtl u famiy fOz irrigation purposes pur-poses has been conveyed to a private corporation Incorporated for Irrigation purposes or to a corporation incorporated incorpor-ated under an act compiling the laws receive only was in order and that to adopt required a suspension of the rules No motion to that end was heard and the report was accordingly received and laid over for future ac tion SCHOOL FOR THE DEAF An invitation to the legislature to attend an exhibition of the Sxshool for the Deaf on Friday evening was read and fed The committee oji enrollment reported re-ported that tt had transmitted H CIt C-It No4 to the governor for approval The resolution authorizes the governor gover-nor to appoint a messenger at a salary of 3 per day FOR ANNEXATION Robinson of Kane presented H J 1f No1 praying congress to annex to Utah those portions of Coconino and Mohave counties Arizona territory lying north of the Colorado river The memorial sets forth as the reasons for such annexation the fact that the Colorado Col-orado river forms an impassable barrier bar-rier between these portions of the counties named and their main bodies and the further one that the residents and taxpayers desire to be annexed To the memorial are attached petitions relating to the incorporation of irriga ton companies by deed of trust and the judgment debtor owns such stock or interest in such incorporations or companies then such stock or interest inter-est or both shall be exempt from execution against the judgment debtor to the same extent as though such water and water right and the means of conveying the same was held by the judgment debtor as appurtenant to the land or property on which it is used Provided that such stock or interest I in-terest shall not be exempt from assessment assess-ment or sale by such private incorporations I incor-porations or irrigation companies nor i from levy and sale on a judgment against such incorporations or companies I com-panies I the homestead selected by the judgment debtor is of greater I value than is exempted under this section sec-tion and if it consist of two or more separate pieces of land and app rten ances neither of which is of the value of the amount of the exemption it shall be optional with the judgment debtor which piece or pieces of land he will select and retain in full and which piece or pieces shall be parti tioned or sold and receive the value of the remainder of the homestead in money as provided in this section I the debtor so elect the homestead may be sold as other lands are sold on execution and after paying the judgment judg-ment debtor the value of the homestead home-stead the balance of the money shall be applied on the judgment provided that the homestead shall not be sold If the officer do not receive a bid for a greater amount than the value of the homestead exempted in this section if the exempted lands or improvements be in one piece but if said homestead exempted be in more than one piece then the officer and the judgment debtor shall proceed as in case of a disagreement between them on the value of the homestead and determine the value of each piece of property exempted and such property shall not be sold unless the officer shall receive a bid for each piece greater than the appraised value thereof and if said exempted homestead be situated in more than one county of this state then the officer serving the execution in the county in which the judgment is entered of record shall proceed as herein stated to have the part of the homestead exempted situate in such county appraised before proceeding to sell the same and such officer shall give uch judgment debtor a certificate certifi-cate signed by the appraisers if any and himself stating the value of such property which certificate shall be made In duplicate one copy to be given to the judgment debtor and the original to be forwarded by such officer of-ficer to the sheriff or other officer holding the execution for service in such other county informing him of the value of the property exempted in he county hera the execution is Is ued and auch officer receiving such ertfneate and the judgment debtor shah l proceed 1 b appraise the property d In such last named county t exempted under the provisions of this section I by themselves or by appraisers and in case there is not sufficient property of the judgmant debtor in such last named county to the value of the remainder of such exemption the of fleer shall before levy and sale in like manner if the judgment debtor have property in some other county of this state unappraised give him a certificate certifi-cate stating the amount of property exempted in his own county and also ount the amount exempted in the county from which he has a certificate as stated in such certificate in duplicate the original to the officer of such other county and the duplicate to the judgment judg-ment debtor and such officer receiving said certificate and any other officer in this state having an execution to serve against such judgment debtor shall proceed in like manner before be-fore a levy and sale I sold on the judgment the money paid the judgment debtor shall be exempt from that or any other execution When sales of property are made in more than one county on the same execution execu-tion there shall be at least five days intervening between the first and each succeeding sale MORE LABOR BILLS H B No 26 by Ferguson of Carbon Car-bon Making it unlawful for any employer em-ployer to prevent or attempt to prevent pre-vent an employe from joining or belonging be-longing to any lawful labor organization organiza-tion Also making it unlawful to discharge dis-charge any employe for belonging to such organization and providing a penalty pen-alty of fine or imprisonment for its violation vio-lation H B No 29 by Ferguson of Carbon Prohibiting the employment of chil dren under 13 years of age except in certain cases H B No 28 by Critchlow of Salt Lake by requestProviding for the appointment of stenographers for the district courts of the state and the collection col-lection of fees in civil cases to apply ap-ply toward the payment thereof A communication from the governor announced that he had signed H B courts No 1 providing for the holding of ARBOR DAY A petition was presented asking that Arbor day b changed from Saturday to another day of the week the observing ob-serving of which as a holiday would interfere less with business The petition pe-tition was signed by L S Hills president presi-dent of the Deseret National bank H S Young cashier and twenty others On third reading S B No Providing Provid-ing for the appointment of a deputy state treasurer came up was read the third time and passed by a vote of 37 to 0 eight absent In the incident which followed Con don of Weber again took occasion to amuse the house with his facetiousness He is the wit of the body and on occasion oc-casion employs his satire to good advantage ad-vantage Critchlow moved that the sergeant atarms be instructed to furnish one one ordinary sized dictionary for the use of the members Cazier moved to amend by making it an unabridged Condon could not see the need of a dictionary o tionary so to kill the motion endeavored endeavor-ed to make it appear ridiculous He accordingly moved to add onehalf dozen tooth brushes That ended the dictionary The motion could not have carried after that but Bolitho came to the rescue of the gentlemen who could not spell by informing them he knew of a friend who was willing to donate an authority on words House adjourned |