OCR Text |
Show 1XU1SLAT1VE ASSKMIiliY. TwoutvSiu'owil Smmoii. twkn i'Y nrm iuv, OOl'Nt'll.. Thumb.)-, Fob. ;l, lS7ii. Council eoimmtid at the regular hour. On motion of CVmncilor E. Snow, chairman ot tho ivmiuilleo on Can tennial, to wluun wad rct'einil the petition of tho president and inein-horsoftho inein-horsoftho women's Centennial ex-tn-utivo comnntteo lor Utah, Iho p-titiouers p-titiouers were given leuvo to withdraw said petition. Councilor Smoot having ohtaimd loavo pristuUl C. F. H) "an uct pro-vidmg pro-vidmg tor the tflet'tion of county ' prv'Stvuting attorney and prebenlini; ltn dulied and tecs of tho natno." Ktuul and rclerrcd U tlio coiumittee on judiciary. On motion of W, S. Snow the committee com-mittee was instructed to take into consideration the propriety of making mak-ing tho law general iu lto applicition to all counties. Councilor Chill, chairman of llie cumnittce on railnuls, to whom was referred (C. Fs. & and 7) two railroad hills. rfportti hack a suKstituio tO. F. !') and r-vommeudcil that il Lv put upon its passjigo. lho bill (C. F. y) a bill for an act , to amend "an act providing for th j ineorporaliou of railroad CAnipanie and tho management ol tho f- fairs thereof," approved Feb- I ruary l'.'th, lSt., was read, passevl its first reading, by unanimous consent was read lho Beeiuul lime by ections, and recommitted to the eommittee on ran roads with instructions instruc-tions to incorporate certain amendments amend-ments therein. A uie!sago was receivevl from the house announcing that they had passed (H. F. li1) "a bill ineorpora-mg ineorpora-mg Ephraim city." The bill was read the first time, and referred to the committee on muuicipal xupor-tions xupor-tions and townsit-s. On motiou of Co incilor C.iine (C. F. 1) "the peuil crvio of Utah" ws recoimuitied to the committee on judiciary, ju-diciary, and made the ppeeial order for to-morrow. Adjourned. HOUSE. Tiie house met at 2 p.m. The chair appointed Mr. Grone Atkin. of Tooele, a meniLer ol the following ctunmitteej : Revenue, elections, engrossing and enrolling. iUid cthi cation. Mr, Koekwxxxl, from the committee on elections, to whom wlvs reterred the petition of C. W. Tapp.ui and ibrty others, praying for the insertion of a certain clause in the school law, reported adverseiy tiiertvn. Adoiud. Tne tnll ibr an act to incorporate Ephraim, Sanpete county, was taken from the table, amended and p.wyed. Mr. Farr, from the committeo on judiciary, to whom was referred the biil for an act to limit tho time in which criminal actions snail be prosecuted, prose-cuted, reported tho wmo hack, amended, and recommended iis passage. Fending the reading of the section which declares there a:u!l be no limit to the prosecution lor the crim-Mjf murder. Mr. John Tavlor moT-d that the bill be recommitted to the oun- ' mittee on judiciary. He made a vigorous speecn in opposition to the I provision, and cited instances to show ti:at it ought not to pass. He de-taiUnj de-taiUnj , briefly, the circumstances of the Mornsite trouble in Weber county, covpnI vcara rico. TTo sauI that Mr. Burton had been ordered by a United Statea judg (Justice Kin-dcv) Kin-dcv) to Ltke a posse and arrest cf r-Uin r-Uin parties in the Morriaite stttle-mcnt. stttle-mcnt. Tne ofiicer procec-ded to execute ex-ecute the writ, was resisted, and in the performance of his duty one or two of h;s men were killed, as also were someof the Morrisites. Mr. Burlun had lived in the community for years afterwards, never seeking to escape, aud wa always considered an honorable honor-able man. Subsequently mission judges came to the territory and the charge of murder was instituted against Mr. Burton. He (Mr. Taytor) thought there ought to be some provision to prevent pre-vent mision jurists from perpetrating perpe-trating judicial murder. Honorable men ought to be protected, and ought not to be subjected to such charges and prosecutions. He related the case of Colonel Ricks of Cache county, who, as sheriff, was guarding a prisoner pris-oner when the latter attempted to escape. es-cape. The sheriff told him to stop, the prisoner continued to run, when Ricks shot him. No one at the time thought it was murder, but all considered con-sidered that Gil. Ricks had done his duty as an officer and an honorable man. Yet he had recently been tried for murder after being confined in jail for Bomo time, under the instruction in-struction of a juriBt whose mission was to persecute, not prosecute. Mr. Taylor wanted honorable men protected pro-tected against such nmlicioua prue cutions. When an officer, in per forming his duties, took life, the limit tor the investigation and prosecution should be vary short; especially if the officer continued to resido iu the community, com-munity, not attempting to escape, and his conduct was approved by his friends and the people whero he lived. The charge should be investigated investi-gated by those acquaintod with it, and not by those unacquainted with it. There should be some law to protect pro-tect the officers in the discharge, of i their-duties, otherwise they would not jeopardize their lives. As regarded those who fled to escape justice, he was in favnr of following them forever if . necessary and seeing tiiat they were punished. Mr. Farr wanted the bill referred to a special committeo, as the judiciary ju-diciary committee had fully considered con-sidered the matter and presented what they considered was for the best. In none of the United Stales was there a statute , limiting the time for prosecuting a murderer. He had no objection to the insertion of a clauee requiring the prosecution of an officer who took lile in the performance per-formance ot his duties, within a certain cer-tain number of years, but be would not conseut to passing ft law that would prevent the investigation of such a charge against an officer. If an officer did right he was not afraid to have his conduct investigated. Mr. Penrose replied to the remarks of Mr. Taylor-by reading a section in the act on crimes and punishment, which said what was justifiable homi-cid'-. By that section officers were fuilv protected- Mr. Penrose thought thereoru't to be some limit to the time ' for prosecuting for a murder, and suggead,ibat ten years bo iixed as the limit. - V v , Mr. Taylbr saidu" aw Jrernl by Mr. Penrose wns . m Vera wften the atrocities referral th ; b fiim wero-perpetrated wero-perpetrated by the courts, ' I'i Mr. Lynritt was opposed toNntt&pt ing Mr. Penrose's suggUm,' -afid moved ar. umenduitnt to Mr, Taylor's motion, tiiat Lho committee, be instructed in-structed to insert 'Jn provision Mn the bill limiting the time - in which an officer can ho prosecuted for taking lile, to three years;. aluo that Mr. Taylor be added to -the committee oo judiciary. ' -f f Mr, IWr thought it w u'd lm in Consilient to eiuel a law to covei what had already hi'im doin', butlhey uuihl piovidn toV lho tutnro. Further, in i i . I to Mr. l.ivlor, tii.' loHulahiio could not unaci a l.uv Ih.tt would pro led lho people liotn uiionlon jtinntn, llo was oppuned to scrcenitig a murderer, mur-derer, if Hui aimo had boon committed com-mitted fifty y i' ma. Mr, Preston moved that K obtuse he inSiUltd iu tho bill that no person ahull bo indicted or tried for a capital o I Tense unless within three years hoiu tho Vitno of its couihiifsion, tho provision pro-vision i. ot to apply to persons llcuing from jintum. cm hocoikI. Mr. Thurher thought prosecution for murder Dhould have snmo limit, Mr. M. S. Smith lavored referring the hill to a sporial Committee, as thn judiciary had thoroughly investigated lho Bubject and prtienlil what lho committeo ixmnideitl were tho let provisions, as gathend hoiu lho statuto kxiks of other hUUm. They could pa.vt no law which would prevent lho ahuso of power by judon; and to insert nueh provisions as nng gestel would kill the. hill. Sonio of lho sneakers having ro-forreil ro-forreil to amnesty, Mr. Taylor said he did not believe m amnesty. It any one had commuted a crime lot him aU no tor it. lie wished to guard honotahlc nun from judicial tyranny and oppression, and to punish lho guilty. Mr. Penrose asked if the gentleman (Mr. T. ) wanted to make an exception excep-tion in Uvor ot officers. .Mr. Taylor said he did. Mr. Penrose wanted tho provision made general, anil thought a special law in favor of officers would be inconsistent. in-consistent. Mr. Farr ui il they could pass a bill that would make honest men of judges he would be in favor of il. Mr. Taylor thought ho had been misapprehended. If a private citizen charged ill) murder remained at homo and did nol try to, escape, there should be a limit to the time for priwu-, eating him. He did not know lis tin; 1 house ought to he guided by precedent in the passage ot a hmuution law; nor did be care wliut ier the govertuir signed the bill should il p.is. A'ler further discussion simiUr to , tho atow, .Mr. Taylor" J motion to recommit the bill to Imp judiciary committeo paeil, and .Me-'rrs. Taylor Tay-lor and Penrose were add til to the committee. Mr. Preston's moluin t'.iat , the : limi" meet hereaflir ut 10 a.m. and 2 p.m. win lost. lIoue adjourned till Friday. Cl'l'LKKY and PLU'KD WAKK at Little & Kiundy's. f'.; Blockade Broken-' ' V.y W, U. Tirl. Co. I Toan.t, N,v., ;i. Ti.a w.-ol-l-Lind ; overland p ntr tram wm.- i ar- i rived here List Monday murium;, loft for tho 'vol at 4 p.m. to d -y, the traek having, at Ia.-t, been cleared at a great eipen-t! an I 'trniicu ol in i-cninery. i-cninery. The Central Pacdorailrcad compam'furnisiied sul's:tance (or the p.wsengors d' t-iinxl here (or the past two dsyc. It wdl probably Ikj s,nne ' time before freight trains run regu-1-vrly. . . j Wells, New, 3. Tho delayed wst K'und passenger train arrival this evening and left here at ii:uO p.m. There i no further oltructiou anead of it. Tills is the fiist tram since i Ainrlav. The piU honii l Lrain will go t:irO'igh to.i;:iht, Tt raiiroad compsny t'rought a large cnuw plow from the Sierra Nevad.ts for e'.'rice between here and Toan. Weather is favorable and no great difficulty i is anticipated from snow. The greatest great-est trouble has been ice covering up thrt rai'i, upon whi-h t!ie snow plow h.is no ef.ect. iu Uuu-culty Uuu-culty is now obviatwi by there being a force of 2 laborers wi'.h piek and friioveia ptationed t dith rent p-'int-, who will keep the track cle .r. Tao company riggtd up an apparatus lor the purpose of flanging tneir track, but brote it on the trial trip to day. |