|Paper||Salt Lake Herald-Republican|
|Rights||No Copyright - United States (NoC-US)|
|Publisher||Digitized by J. Willard Marriott Library, University of Utah|
|Article Title||The Constitutional Convention|
|Paper||Salt Lake Herald-Republican|
THE CONSTITUTIONAL CONVENTION. CON-VENTION. SEVENTH PAY. Feb. lit'., 1.7:.'. Convention met at 10 a.m.; roll called; quorum present. Prayer by Elder iM. li. Shipp. .Journal read. Mr. Jesse llaveu's rofolution lor evening sessions was adopted. Tho rule limiting speeches in committee com-mittee of the whole to five minutes was modified so as only to allow two speeches speech-es to members offering motions and the chairman of committees. The convention resolved itself into committee of the whole, Mr. Koek-wood Koek-wood in the chair. Mr. Pratt's section relative to marriage, mar-riage, proposed (o be added to the ordinance, was read, when the mover explained that, on con- j sideration, he believed the bill of rights secured all that the section sec-tion provided for, and he would withdraw with-draw it. Col. Akeis presented the iollowing as a substitute for section four of the article on sull'rage, for consideration in the convention : ' All elections by the people shall be by ballot; and the legislature shall have power to enact such laws, in relation thereto, as shall bo deemed necessary to preserve the purity of elections and to prevent fraudulent votiug: provided, however, that no law shall be enacted whereby tho ballot of any individual elector can be identified; and all elections elec-tions by the legislature, or by either branch thereof, shall bo mn voce." Mr. Miner renewed his moti.ui, for consideration by the convention, granting grant-ing power to the legislature to abolish the graud jury system. Mr. A. Hatch moved to reeoiwder. section fifteen of the bill of rights, so as to provide for each county having at least one representative in the legis lature. The matter, it was stated, would eoiue up iu consideration of the report of the committee on legislature. The report of the committee o:i militia mili-tia was next considered. Mr. Fitch moved to insert, on the tiist line after. the word 'male," the word ''female." He considered the rub: of the cki.vn to !var arms, should -Ic held inviolate, and women oik lit to h ive the ru-ht the same as men. He sustained the morion with a brief but humorous speech, rineinc in "train-it'z" "train-it'z" secmirgly with reference to the t!ei::ed trains worn bv the ladies. la-dies. Mr. .1. W . Yourg would second Mr. Fitch's motion. G'-:k"::i! ll.iruum v.: ved to Slnke out the woi d "male" h- t'ere "citizens." "citi-zens." M r. M incr tiiiuhi if the motion prevailed it would be necessary to de- I t;ne tie' iuA of aims which women fre motions were withdrawn. ! Mr. Cannon moved to change "g- n 1 eiai ::-sercXy" in the last line of the tii-st section, ar.d insert "legislature." Carried. The same change was al.-o , made iu the second section, i r.e article was apprwed-ibe apprwed-ibe article on impeachment and re-m;vai:u'Ui re-m;vai:u'Ui eiiee was then taken up. i M;- Milcer moved to iosert the words "on impeachment" alter the word "convicted" in the first line of section live. Lost. -Motion was mace to strike out the j words "general assembly" and insert i '"loirisiature." j Mr. Johnson moved to strike cut ' the last clau.se of section three, because the legislature might adjourn on the day a senator's term expired and acasc ; uf impeachment could not be tried. Mr. Fuller said that the senators , held offices until their successors were rJ he motion was not seconded; and that to change "gor.'-ral assembly" to ' ieLfii-lature" was adopted. Judge Snow moved to insert the wonl "high" before "misdemeanors" 1 in the but line of section nix. Lo.it. Mr. Pratt moved to strike out the Words "or misdemeanors." L'jst. The article was approved. Article live, on executive department, depart-ment, was taken up. Mr. Fitch moved to insert after the words, "and who," in the third line, the words, "except at the first election under thin constitution." The amendment amend-ment was accepted by the committee on executive Mr. Miner moved to strike out section sec-tion eleven providing for the governor adjourning the legislature in case of disagreement of the two houses, giving as a reason that the committee on legislature had provided for regular sessions not extending beyond sixty days and called sessions twenty days. Lost. A motion was made to strike out section sec-tion twelve, the same provision being, included in another article. Carried. Mr. Fiteli moved to strike out section sec-tion thirteen, relative to the pardon power, and substitute section iburteen of the Nevada constitution, requiring a board of pardon, as follows : The governor, jiLstices.'of the supreme court, and attorney-general, or a major partoftheiu, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions restric-tions as they may think proper, remit tines and forfeitures, commuto punishments, punish-ments, and grant pardons, after convictions con-victions in all eases, except treason and impeachments, subject to such regulations regula-tions as may be provided by law relative rela-tive to the manner of applying for pardons. Mr. Pratt opposed tho motion, because be-cause the governor had nothing to do with the trial of a person ao convicted, while tho judges probably, and the attorney-general certainly, would have, and might possibly be interested in refusing re-fusing pardon. Mr. Cannon sustained tho motion, believing that such officers named being well-informed on all points connected con-nected with the case woulu be better able to advise the governor. lie thought auy member of that convention if elected governor, would not desire1 to exercise such a power alone. Mr. Miner opposed the motion, believing be-lieving it would strip the governor of the supreme executive power conferred upon him in tho first section. General Parnum favored the motion. mo-tion. All applications for pardon, made to the governor, arc ex parte; while I he justices of the supreme court aud tho attorney general of tho State arc best fitted to consult with him, having the knowledge- of facts within their own cognizance. J udge Snow hoped the motion would prevail. He did not think the justices of the supreme court would try such cases with original jurisdiction, but merely in an appellate capacity on questions of law. Mr. Call, of Davis county, did not think tho strongest reason in favor of the motion had been adduced. Testimony Testi-mony was often offered in courts of justice jus-tice in which tho court and jury had little confidence, yet they were boundj to convict according to law and testi mony. Major Blair thought there could not be too many safeguards thrown around life and liberty. In his own practice he had known cases where there were strong reasons to believe that innocent parties had been convicted; and cases in which tho governor believed the conviction was just when a board of pardon composed as tho motion provided pro-vided would have set the doomed man at liberty. Jle hoped the motion wnnhl nrtn-nil. Mr. Fuller said the decisionjof the committee was based upon the side of mercy. They did not know that the judiciary would be so empowered as to sit on this high executive board; but they thought it would be highly proper pro-per to place tho power of granting or withholding pardon from men who had been interested in the conviction of the person in whoso behalf it would be sought; for it was more than probable prob-able they would become partisans. lie opposed the motion. Tho motion prevailed. The committeo rose, reported progress, pro-gress, and asked leave to sit again. Leave granted. Amotion was made and carried to take up a contribution for lighting the hall during the evening sessions. Kecess taken. 2 p.m. 'Ihe convention again went into committeo com-mitteo of the whole on tho report of the committee on executive, Mr. L. Snow in the chair. Mr. Miner moved to strike out the words "relative to' the manner of applying for pardons" from the substitute substi-tute section adopted from tho constitution constitu-tion of Nevada. Carried. The same gentleman moved to strike from the nest section. "He shall be the president of the senate, but shall only have a casting vote therein." Mr. Fuller and general Parnum opposed op-posed the motion in brief remarks; when it was put to vote and lost. Mr. Thurber moved to strike out the last sentence of section nineteen, which provided that the legislature could not pass upon claims against the State, I without they had been considered and j acted upon by the board of State pri- son commissioners. The motion wasi adopted. General Parauni moved to strike out from the same section the words "and perform such other duties as may be prescribed by law," and said if adopted adopt-ed he would move to insert the word "governor" in the next section: After remarks by Mr. Fitch and iudee Snow against the motion, it was, withdrawn. Mr. Fitch moved to insert the words "a superintendent of public instruction,'' instruc-tion,'' in the next section, after "attorney "attor-ney general," to provide for the existence ex-istence of such an officer. General Barnum, Judge Snow, aud Mr. Pratt advocated its being left to i the legislature. -; Mr. Fitch thought if the legislature ! provided for a superintendent of pub-j pub-j lie instruction, it could also provide i for a surveyor general and attorney j general. i Mr. Fuller said the committee whose j report was being considered, were most I certainly in favor of the officer being ' created by the constitution, and ex-, ex-, peeted it would be done by the committee com-mittee on causation; but as that coni-' coni-' mittee had not done so he would claim i the i-isonion of the amendment enerei 1 by Mr. Fitch. I The chairman of the committee on executive department accepted the amendment. ! Mr. Pratt moved to strike out the 1 words thus accepted by the committee, commit-tee, lie saw no necessity for thus in-.' in-.' cumbering the fundamental law. I The motion was lost. .Mi. Call e tiered a motion requiring candidates for the c,v of governor to be at least thirty years of age; which was o;r. twenry-cve tx-ina- the age prescribed. Article five, on executive depart-' ment, was pasjeL Article sii, on judiciary department. was then taken up. The words providing pro-viding that the tirst Monday of Jacu-try Jacu-try should be the day on which justices 1 of the supreme court should enter up-. on their official duties wero stricken out and the matter left u, the cum mittee mit-tee on schedule. Mr. Cannon ottered a substitute for ' sections three, four andtive,' providing that there should be four ju-licial cir- emu, the judges of which shall serve! respectively two, four, six and eighth years, and who .-hall together constitute consti-tute the supreme eourt of the Stale, flis reasons for the desired change 1 Were ehietly founded upou economical i considerations. Un motion of Lien. Barnum the substitute sub-stitute was ordered printed. I I The report of the committee on pub-: lie instructions was adopted; upon I I which the majority report on muuiei- j pul aud other corporations, was taken : up and the second section was stricken 1 out. ; Mr. Fiteh moved to amend section : i three, by providing that municipal j corporations may assist railroads. i I Mr. Fuller moved to amend section I . five by providing that stockholders in " corporations shall be individually liable I tor debts of corporations unless other- wise provided in their articles of in-; in-; corporation. . Sections six, seven, eight and nine 1 were stricken out. I ( Mr. Fitch moved to provide iu sec- I tion ten for permitting the State to j ! loan its credit in aid of railroads and j I wat.-r supplies. j Mr. Joseph W. Young favored the i j motion, as it was evident the State j ; would have to aid irrigating schemes, i Mr. II. P. Johnson would favor the i ! amendment as far as irrigating was , concerned, but he should strenuou-ly I j oppose granting the credit of the State for railroad purposes. i Mr. Filch believed that the Slate should be left free to aid railroads if it so desired, as facilities of travel aud transportation are of the first import anee in this region. General Barnum considered it very important to leave this power with the State; as railroads eomprisothe great power of the nineteenth century. Mr. Cannon moved to provide in the tenth section that the credit of the State should not be loaned unless for such enterprises formed for operations within tho State. Mr. Filch moved that the minority report, which provides that the State may have power to aid railroads be adopted, and favored it in a few remarks. re-marks. Mr. Haven opposed the substitute, sub-stitute, as ho believed its adoption would permit counties to run largely in debt in aid of railroads. The substitute sub-stitute was adopted. Mr. Barnes moved to strike out section sec-tion eleven, and it was accordingly stricken out, thus leaving the matter of aid to corporations by municipal corporations cor-porations with the legislature. The convention then took a recess j until 7 o'clock, ! ,. . . 7 p.m. I ihe convention again resolved itself1 into committee of tho whole, Mr. j Thurber in tho chair, and proceeded with the reports of the several com-i mittccs.( Article four, being the re- j port of the committee on legislative 1 department, was considered, sixteen ! sections being got through, wilh numerous nu-merous changes, amendments and alterations al-terations which would be almost unintelligible unin-telligible without the full report as presented, being printed; and this womV be needless in view of the numerous nu-merous changes made in it. A very lively discussion arose over the form of oath prescribed by section nine for senators sen-ators and representatives, including a sworn obligation for each senator and representative not to receive any money or consideration for his vote or influence; influ-ence; and aimed directly at prospective bribery. A motion to strike out this provision was sustained on the sensible ground that it was just such an obligation obliga-tion as a corrupt man would not hesi-talo hesi-talo to take, while an honest man would blush to feel that his honesty in office was impugned even before he had an opportunity for its being tested in such an official capacity. Mr. Miner was opposed to striking out tho clause, referring to the cor ruptions so manifest in other States. Mr. Fitch strongly sustained the motion mo-tion to strike out, in tho course of which he paid a high tribute to the Utah legislature, saying that even their worst enemies did not accuse its members of having ever taken bribes or being dishonest; and there was no reason to fasten the stigma of dishonesty dishon-esty thus early by constitutional provision provi-sion on the legislature of the proposed State of Pescrct, Other speakers followed fol-lowed on the same side. The motion prevailed and the clause was stricken out. After a two hours' session, the committee com-mittee rose, reported progress, and asked leave to sit agaio; which was granted. Adjourned till 10 o'clock this (Tuesday) (Tues-day) morning.