| Show i LElMON KEPSHIS EAT Contest of Bringhurst Falls to the Ground BOTH REPORTS REJECTED HOUSE ACTS FAIRLY INr THIS 131 rOKTANT MATTER San Juan Count Wants n Prosecutor Prosecu-tor Bill Requiring That Women Teacher Be Paid the Same as Males Signed By the Speaker School Bill State Board of Horticulture Hor-ticulture Very unexpectedly the election contest con-test case in which J F Brlnghurst of Provo sought to sqcure the seat of Representative Hyrum Lemmon came up in the house yesterday afternoon and was settled for good and all by the house voting unanimously to dismiss miss the contest and permit Mr Lem mon to retain his seat The action was unexpected in that most of the members supposed the matter would be deferred until evening even-ing and that a night session would beheld be-held for its especial consideration The resuK however was not unexpected after Mr Mansfield had on Friday evening delivered his able argument exposing the great wrong that would be done by adopting the majority report re-port of the elections committee which recommended unseating Mr Lemmon The Republican house in its action not only vindicated Mr Lemmon in his claim to sit out humiliated its own committee beyond all precedent by overwhelmingly rejecting the report re-port of one of its own committees on a purely party question It showed however that men can at times rise above party fealty when a Question of right and wrong is in the balance The matter came up a soon as the observed opening preliminaries had been served by Chairman Lewis of the committee com-mittee on elections moving the adoption adop-tion of the committees report recommending recom-mending that the contests against Representatives Smoot and Larsen be dismissed and they be permitted to retain their seats The remaining contest con-test was then disposed of by the house rejecting both the minority and majority ma-jority reports of the elections committee commit-tee and passing by a unanimous vote a motion to dismiss the contest against Mr Lemmon and permit him to retain re-tain his seat The debate was not protracted as had been anticipated would be the case Mr moot oeiny the only member to speak at length and Messrs Critchlow and Lewis the l1essrs only others to take the floor speaking briefly Mr Critchlows remarks very briefy lr Crichlow though brief as stated were very undoubtedly had much to the point and undoubtely great influence in bringing about the result which obtained Aside from settling the contest cases settng did little Six new bills the house very ltte bils were introduced among them one by Mr Stevens establishing a code for the l1fr ernment of a uniform system of free schools one by Bolitho creating a state board of horticulture and another an-other by Mr Ferguson of Salt Lake to expedite appeals to the supreme court in election contest cases and to protect the rights of rightful claimants to office officeTHE PROCEEDINGS When the house resumed operations yesterday Mr Sorenson presented the following petition from the county offi cers of San Juan county We the county court and officers of San Juan county resuectfully represent that whereas in many of our counties there are no resident lawyers or any persons who are competent or familiar enough with the criminal practice of district courts to conduct prosecutions with sufficient regard for the technicality techni-cality of law to insure convictions incases in-cases that will undoubtedly come up and andWhereas Whereas Very many of the counties being under a large increase in expense in consequence of statehood and there being no provision made for that extra ex-tra expense Therefore be i resolved That we respectfully re-spectfully ask the legislature to pass a bill at the earliest possible date providing pro-viding for the appointment of district prosecuting attorneys to accompany the several district judges on their circuits cir-cuits and assist and advise the prose uting attorneys and also providing for a suitable remuneration for such district attorneys to be paid out of the state treasury as may be provided by law lawFRNCIS NIELSON Chairman Selectmen San Juan county FREDERIC J JONES Selectman San Juan County ROBERT P HOLT Selectman San Juan County GEORGE A ADAMS County Prosecuting Attorney A L F MDERMOTT County Clerk Mr Andrews presented the claim of Washington county for 1815 uncollected uncol-lected taxes and asking for an appropriation appro-priation in that sum Mr Robinson presented a like claim for S1250 for the collector of Kane county Mr Heiner presented the claim of Justice of the Peace John T Davidson of Peterson Morgan county for 3895 expenses incurred In criminal cases TAX SALES H B 66 was returned from the senate sen-ate with amendments which were concurred con-curred in by the house The bill ex bi tends the time of redemption under sales for taxes House bills 80 and 81 were returned from the senate with its sanction H B 87 was returned from the sen ate with amendments wih which were con curred in inWOMEN TEACHERS The speaker signed S B No 10 pro viding that female teachers shall be paid the same for the same class of work as male teachers THE ELECTION CONTEST At this point Mr Lewis moved the adoption of the majority report of the committee on elections recommending that the contests for the seats of Mr Smoot and Mr Larsen be dismissed and those gentlemen be dIsmised to retain their seats The motion car rid and then Mr Lewis asked that the continuation or the consideration of the reports of the elections commit tee with reference to the contest for Mr Lemmons seat be taken up and to bring the matter before the house moved the adoption of the majority report re-port portMr Mr Mansfield moved a a substitute that the minority report be adopted He then stated that he thought the proper course would be to continue in committee of the whole the committee having arisen and asked leave to sit again Mr Smoot also thought this was the proper course but the speaker held that there was no record to that effect and the matter therefore came before the hoqse instead of the committee com-mittee of the whole where it was in tended it would be settled Mr Smoot arose to address the house in support of the minority report Mr Smoot spoke nearly an hour At tf > stating that he took the floor to speaK to the question with a great deal of delicacy in view of having figured so prominently in the contest cases and the treatment that had been accorded him he reviewed the case very thoroughly thor-oughly pointing out the inaccuracies of the position of the majority of the committee His argument was an able I exposition of the great public wrong that would have been perpetrated had the majority decided to unseat Mr Lemmon simply because it had the power and without sufficient evidence to justify the action for he held it would become a precedent to guide and justify majorities in the legislature CRITCHLOWS POSITION Mr Smoot was followed by Mr I Critchlow who took the floor to briefly state his position in the matter He could not support the minority find ings in their entirety neither could he agree with the majority of the wih be majorty committee com-mittee He had carefully weighed tha evidence in the case and it was his judgment that it proved beyond room for doubt that two votes should be deducted from the vote of the con testee as having been illegal and two should be added to the vote for the contestant which were not counted by the judges of election This he be lieved Should have been the finding of the elections committee from the evi dence and as such a conclusion left I the contestee with a majority of one I still In his favor he could not support Lemmon the recommendation to unseat Mr Lmmon Mr Lewis closed the debate for the majority report after which Mr Critchlow gave notice he would move the previous question after giving the gentleman an opportunity to do so Mr Lewis spoke brifly after wihich the previous question brought the question upon the motion to adopt the minority report The ayes and nays were called for resulting in the failure of the motion mo-tion by a strict party vote Mr Neb eker of Rich explained his vote by say Ing that he did not concur in the full findings of the minority report as he believed all the voters in questionhad < right to vote except perhaps two and the minority report held twelve to have been illegally cast He took the same I position a Mr Critchlow but the majority ma-jority report he could not favor so was compelled to vote aye Messrs Smoot and Sorenson made like explanations and Mr Robinson stated that he voted no intending to vote the same way on the majority report When the speaker announced the result the question upon the majority report was called for resulting re-sulting also in a failure to adopt Mr Critchlows statement of the case had great effect I struck the key note of opinion in the minds of all the members mem-bers with the exception of five and at least one of these stated later that P did not vote his convictions but voted aye because be wasa member of the Republican contingent of the committee commit-tee which had returned the report Those who voted for the adoption of the report were Condon Lewis Met rill Nye and Sevy LEMMON WINS Mr Critchlow moved after the result of the vote was announced that the contest of Bringhurt against Lemmon be dismissed and the motion carried unanimously On first reading of bills the following were introduced SCHOOL BILL H B No 103 by StevensProviding fo a uniform system of fre schools The bill reenacts the present school law t make it conform to the changed conditions from territorial to statehood state-hood conditions The various sections sectons cover the subjects Composition of the board of education power to grant teachers diplomas qualifications for such diplomas validity of such diplomas diplo-mas subjects for examination for such diplomas authority to appoint assistants assist-ants revocation of diplomas defrayal of traveling expenses chairman and secretary of the board validity of acts fooard of the board times of meetings of the oardHORTICTRE H B No 104 by Bolitho Creating a state board of horticulture defining for its powers and appropriating there forThe The bill creates a board of six member mem-ber appointed for a term of four years by a board consisting of the governor secretary of state and stale auditor One will represent the state at large and the others each represent one of the five horticultural districts created by the bill but not yet determined deter-mined upon Their salary is also left a Mank A secretary may be appointed ap-pointed but the treasurer must be a member of the board The principal I duty of the board will be the supervision super-vision of all imported and exported trees fruits and plants in order that all in any way infected may be destroyed de-stroyed nd so prevent the spread of disease and aid in producing better fruit and the upbuilding of the reputation reputa-tion of Utah fruit H B No 105 by Ferguson of Salt Lake by request Providing for the appointment of a clerk of the district court for Salt Lake county The duties du-ties of the clerk are defined and his salary fixed alt 3000 per annum ELECTION CONTESTS H B No 106 by Ferguson of C bon Regulating appeals in cases of usurpation of offices The bill pro Tides that when a candidate for office is seated by being declared elected by an election board and his right to the office is successfully contested the con te must pay to the contestant the salary and emoluments to the success ful contestant The bill also provides that the clerk of the court shall place the case at the head of the calendar to insure an early hearing of the contest RIGHT OF APPEAL H B No 107 by NyeAn act saying say-ing the right of appeal in cases in which judgment was rendered by United Uni-ted States and supreme court commissioners commis-sioners prior to the admission of Utah and in which the time to appeal had not expired on the 2nd day of January 1896 H B No 10S by Mansfield An act to amend sections 1 and 6 of chapter 42 of the session laws of Utah 1890 and enacting a new section known a section 6 A relating to the assessing and collecting taxes on transient stock and providing for a penalty for fraudulent fraud-ulent acts in listing assessing and collecting taxes on said stock TO MEET EARLIER A resolution by Mr Critchlow that the house meet in future at 1 oclock was amended to make it 115 and adopted A NEW COMMITTEE On second reading and reference of bills Mr Bolitho moved the appointment appoint-ment of a special committee of seven on horticulture there such standing committee being no standtng commi tee to which should be referred his bill creating a horticultural board The motion a agreed to and the speaker appointed Thompson of San pete chairman and Messrs Andrua Nebeker of Rich Shafer Gibbs Rad datz arid Bolitho The house ten adjourned ad-journed |
