Show A THE LEGAL BATTERIES upon ahe right to appoint school officers TWENTY FIFTH DAY FEB 3 COUNCIL A communication was received from the house notifying the council that had accepted the report of tho conference committee on the appropriation pria tion bill the bill to agreed to by the committee was then passed only Mr Young voting in the negative mr smoot introduced 0 F no 18 a bill to amend an act entitled anace to establish a territorial insane asylum which was readier rea dior the first timo by its title and referred to the committee on insane asylum the bill revises a greater portion of the sec eions of the present law and adds several relative to the manner of com mitt ment and also extends the pow er of probate judges in relation to the council went into executive session on motion of sir woolley the session lasted half an hour after which the council adjourned until 2 j m today to day HOUSE the first business before the house was the report of the conference committee on the appropriation bill which was to th effect that they had compromised their slight differences their report was adopted mr alien presented the of W C and others which he asked read in full and referred to ahe committee on highways it was read and so referred jt asserts that the area of thoele tooele county is square miles with a population of about souls and that owing to extensive territory a large portion of which is a barren desert without taxable value the entire county tax for the year 1887 being only it is impossible for your petitioners petition ers to keep the extensive public roads in said county in a passable condition that during the year 1887 the sum of over and above tho annual poll tax was from the meagre county revenue for the building of bridges and repairing roads yet said roads in many instances are in sufficient and unsafe that owing to the development of the mining industry in deep creek in said county it has became necessary to facilitate trav mg which in alie main is done J residents of the territory and inhabitants of thoele tooele to repair 1 je deep creek road which is about miles in length that for the last the county cf thoele tooele has been struggling to rid itself of a debt of over incurred during the years 1870 1876 1877 and 1878 in the last mentioned year county warrants war rents could be bought for 10 cents on the inconsequence of said embarrassment public roads and many other needed public improvements prove ments have been neglected that the said county noi er has been the recipient of any favor by way of legislative appropriation whatever therefore your pe ask your honorable body to appropriate the sum of for the improvement and construction of public roads in said county A communication jy on the council announced that it had adopted with amendments H 0 it 15 in relation to the appointment of a committee of two from the house and one from tho council to obtain estimates for the proposed reform school buildings and to ascertain whore suitable land and water rights maybe secured and their probable cost and report to the assembly on or before february 1888 the amendments referred to made the committee of five three from the house and two from the council the amendments were adopted and mhd chair named moyle eichardt Eich ards and howell to act in junction with woolley and young from the council mr eichardt Eich ards from the committee on private corporations reported iback H F 26 in reference to railroad corporations with the information that they had drafted a substitute for the original billand recommended its passage the bill was filed for second reading and ordered printed mr thurman from the committed commit teo on judiciary reported back H F 44 concerning county recorders and defining their duties and recommended its passage filed and ordered printed also H amending section 84 of the code of civil procedure and recommended its passage same order also H F 6 regulating marriages had considered the same returned it with amendments and recommended its passage mr hatch from the committee on claims and public accounts to whom has been referred the claim of E T sprague for services in territorial cases recommended that be allowed and placed in the general appropriation the balance of the claim had been provided for in H F 31 to the claim of J H brenton and thomas bowen it was recommended om mended that they be not allowed deport adopted r hoge offered a bill for the relief of the bar association of ijane city and to provide a law libra ry tor certain public uses 0 F 15 amending sections 1167 and 1173 of an ad revising the code of civil procedure and read the linit time and referred to the committee on judiciary C F 11 a bill providing for and defining ahe fourth judicial district of the territory of was read the first time and referred to the committee on 0 F 14 amending section 2006 of the compiled laws in reference to gaming was read and referred to the committed commit teo judiciary on from the auditor came a communication accompanied by the financial report of san juan county for the years 7 under special order of the day H F 10 the reform school bill again came up tor discussion consideration of the amendments offered to section 7 was postponed on motion of mr Thun nan for the present considerable timo was spent in amending other portions of the bill mr then moved that of tle bill be postponed until the the day on which the newly appointed committee was expects d to report mr lund objected to such a postponement pon ement he thought the bill ought to be perfected now at least as fully as was possible the motion to postpone was lost mcallen Mr Allen offered a motion changing section 2 so as to make the board of directors consist of seven persons to be appointed by the governor by and with the consent and advice of the legislative assembly ho thought that under the organic act it was the right of the governor to make such appointments mr thurman failed to view the matter in the same light as did mr auen while personally conceding the right of the governor under the organic act to appoint certain toni tonal officials ho claimed that such a case as the one now under consideration was not contemplated by the act it was absurd to say that this board of directors were among the territorial officers whose right it was to appoint mr king also spoke against the amendment and quoted authorities to sustain his objection to the proposed change the officers referred to by the gentleman from bingham were not offices of the territory if the legislature wanted to confer the appointing power upon the governor it was all right but not as a matter of right desired the postponement of the subject until today to day when he would bring into the house the authority quoted by mr ipg the house refused the consideration of the bill and mr alien and mr moyle discussed the subject at aliis juncture the matter was informally laid aside lo 10 come up as a special fredr mr king from the committee on enrollment reported that H F 31 the appropriation bill had been cor by the speaker and president and forwarded to the governor for his action thereon the house then adjourned TWENTY SIXTH DAY FEB 3 COUNCIL mr carlisle introduced a petition signed by T Z stewart and many others which was read for the first time and referred to the committee on private corporations tho petition asks legislation compelling railroad companies fencing their lines mr olsen introduced 0 F no 19 a bill to encourage the manufacture of sugar jn utah territory the bill was read for the first time and referred to the committee on manufactures mr marshall Ma ishall moved that when the council adjourn it ho until monday at 2 p m carried the council then adjourned SOUSE mr lund presented a petition from residents of moroni sanpete county asking that their charter be amended in conformance comfor mance with suggestions forwarded ho moved its reference to the committee on municipal corporations and towns so ordered mr lund from the committee on counties reported back with amendments H F 38 the bill defining disputed county boundary lines and recommend that it be put upon its passage report adopted A communication was received from tho auditor and referred to the committee on claims and public accounts showing the total outstanding court certificates for the four years ending december as reported by the clerks of the three district courts mr presented a bill amending section of the compiled laws of utah in relation to animals running at largo to the committee on live stock at this juncture alio chaplain sent to the clerks desk and had read a request that he bo excused until mon day next by unanimous consent ho was allowed the request the speaker pro lem adding if you will designate some member to pronounce a benediction mr chaplain you may go right now mr spencer from the committee on fish and game reported back with amendments H F 40 and recommend that it be put upon its passage report adopted mr farnsworth from the committee on highways to whom had been referred the petition of B J filce praying that the county courts be instructed ted to erect sign posts at all cross roads reported that the present law covered the matter and no aurther legislation was needed adopted mr Thun nan from the judiciary committee to whom had been referred H F 2 a bill to prevent crimes against the election franchise with amendments and recommended that it be put upon its passage report adopted mr alien presented P 47 a bill for an act to establish a public school system and to provide for the maintenance and supervision of public schools in the territory of utah it was read by its title and referred to the committo commit eo on education H F 10 ahe bill to establish a reform school came up for discussion and the question recurred on mr allena amendment offered the previous day giving the governor the power to appoint the seven di rectors provided for tho ball was mr hoge who said ho desired to make a short in answer to the assertions made by a gentleman from the other side who had so confidently fi asserted that a wisconsin law covered the matter so completely as to be a matter of surprise that anyone should for a moment take exception to it the whole he thought hinged to a great extent upon tha question as to whether these directors were or were not officers and he did not believe that the wisconsin report on which so much stress had been laid had the remotest connection with ibo matter under consideration these directors were territorial officers then there was no question but the governor had a right to appoint a right expressly conferred upon him by the organic act the directors to be elected under this act were without doubt territorial officers they wore to be paid from the territorial funds for performing territorial work tor years the legislature had stood in opposition to the rulings of the courts on this very matter it did not matter however which way the house voted such action cannot change the law in the case he hoped the members would weigh the matter carefully and when the question came to the front vote intelligently on the matter tie was gratified to see yesterday one member of tho house arise and concede tho right of the governor to appoint certain officers he would ask the gentleman to go a little further and admit that the directors were also officers for the benefit of half a dozen tourists who occupied the floor the gentleman then spoiled the whole of his effort by ringing in the ancient chestnuts of defiance to tho government and the time bad come when something must bo done to reclaim the gauntlet thrown dow and quit mr thurman replying said he did take the position that the governor had the right to appoint certain officers under the provisions of the organic act but these were not such offices as are contemplated in the bill under discussion strong statements had been made by both sides each claiming that it was right he do sired to be fair in the matter the offices appointive were a part of the executive were necessary for the very existence of the herein laid the difference between them these directors were merely appointed as a matter of convenience and without them the government would still roll on under the same line of argument it might be claimed that the commissioners to locate university lands were also appointive that the board of directors of the asylum were also to be appointed by the governor yet the decision or the attorney general was opposed to this idea he did not propose to drag politics info this matter and say to that people the law they say we must harmonize but that has nothing lo 10 do with the matter we can fill the offices in any way wo want to either by election appointment or by giving the governor the power to appoint the speaker was of the same opinion now as ha had always been and unless some better arguments than he had yet heard were brought out he should certainly vote no on the proposition to give the governor the appointive poin tive power mr hoge asked the lego of again addressing the house he thought sir had merely endeavored to pull the wool over tho eyes of the members for the purpose of hardening this question he again insisted that the matter was as plain as the nose on a mans face he was astonished that the gentleman should make such assertions as he had done when the very illustrations he had quoted were direct proof to the contrary if we pass the bill as it now stands we violate the organic act and even if there was a doubt would it not be better for us to concede that much if wo pass this bill we not only show defiance to the government but violate the laws as well would it not be better for the peace and quiet of the territory to yield obedience I 1 aak this house whether it be a sacrifice of any principle will there be a sacrifice of anything alsay no sir richards hards thought much hail been said upon this question a great deal of eloquence had been wasted he saw also another question and one which confronted him from the stand on the day the governor delivered his message the modest request made at that time you surrender to me the government of the territory and you will then be in harmony with of the american people but I 1 do not be fiovo it would be becoming in us to surrender our prerogative in the mutter simply because we are asked to do it is no reason why it should be done he did not believe that the offices mentioned in the organic act included these directors of the proposed reform school if these directors are territorial arc the directors of the asylum the clerk and other officers of this house and even the guards who patrol the walls of the penitentiary if he believed tha tuch were the case he would most heartily commend the appoint ment by the governor ho saw no reason why the rights of the legislature should ba surrendered mr king mr speaker I 1 move that wo adjourn until monday at 2 pm the speaker pro fern I 1 would like to call the attention of the members to tho fact that but little work has so far been done and would suggest an adjournment until tomorrow to morrow mr hoge I 1 move as an amendment that an adjournment be taken until tomorrow to morrow at 2 mr king I 1 the amendment the committees aro now overburdened with work and an adjournment until monday will give them chance to dispose of some of it the amendment being put it lost arid the house adjourned monday at 2 p m |