Show vur KINGS OPTION BILL THE ACT PROVIDING FOR THE FOURTH i clarks bill for regulating mode of Proceed ure in criminal bases rases FIFTEENTH DAY JAN COUNCIL communications were read from tames dunn david strokes J D and frederic kessler thanking the council for extending to them the freedom of the council chamber A communication from the notifying the council that it had adopted concurrent resolution no 10 authorizing the chairman of the house committee on claims and public accounts to employ to assist in auditing accounts at a compensation pensa tion of per day and mileage was read and concurred in A communication was read from the president and board of directors of the territorial insane asylum extending to the council a cordial invitation vi to visit the asylum on friday next when the utah central will run a special train to provo for the accommodation of the bemb ers on motion of mr smoot the invitation was accepted the thanks of the council extended to the directors for the invitation and the committee on asylums instructed to select an hour for leaving the city the joint standing committee on memorial to whom was referred a memorial to congress in reference to amending the alien land law and asking for the appointment of another judge for this territory recommended that inasmuch as the memorial was on two different subjects a memorial on each subject be presented the report was adopted and the two memorials reported by the committee were passed under a suspension of the rules the following bill introduced by mr marshall was read for the first time and referred to the committee on judiciary SECTION I 1 be it enacted by the governor and legislative assembly ol 01 utah that so soon as the congress of the united states snail by law provide tor a fourth associate justice for the territory ot utah and after said associate justice shall have been appointed and the counties of utah mallard sanpete San pete devler wasatch Wasat cb emery and shall be detached from the first district and ituau form and constitute the fourth judicial district ot utah territory SEO 2 upon the organization as aforesaid of said fourth judicial district court the clerk of the first judicial district court shall deliver all records flies and papers in his possession or control pertaining to suits or proceedings hen pending in the southern division cf said first judicial district embracing the counties in one of this act mentioned to the clerfa of said fourth judicial court as soon as said clerk shall have been appointed and qualified and there apon said causes shall bo transferred W said court SEC S AU cases below civil and criminal in which the cause shall have arisen in either of the counties of utah juab mallard san pete devler wasatch emezy or ulalah shall as to all subsequent proceedings be heard tried and determined in the said fourth judicial district court at the city of provo or ai such other place or places within the territorial limits or saia last named counties as shall be fixed by the governor provided that in all cases change ot the place of trial may be allowed al owed as may be provided by law C F no 9 a boffl for an act in relation to the county recorders was read for the second time and filed for third reading on motion of mr woolley the reading of C F no 5 a bill for an act to provide for the classification and government of towns was deferred until called for A communication from mr annott of the hocky mountain bell telephone company offering to provide a telephone for the use of the members was read the offer was exi cepter and the thanks of the council extended to the telephone company for the courtesy the council then adjourned HOUSE the committee on enrollment reported that K F no 2 fixing the time at which new laws shall go into effect had been correctly enrolled and forwarded to the governor for his approval Mr Thurman from the committee on judiciary reported that they had considered H F 16 providing for the punishment of persons entering railway ars in certain cases and recommended that it be put upon its passage the report was adopted I 1 and the bill filed for its second reading mr thurman made a similar report on H F 15 amending section 1964 changing the age of consent in rape cases to 13 years instead of 10 years as now provided report adopted and the bill filed for tho sec band reading the speaker announced that he held iphis hands a report from the territorial commissioner of district schools it was quite lengthy he said but personally he would like to hear it read however that was a matter for the house to determine mr eichardt Eich ards I 1 move that ii be read and referred to tha committee on education carried the document was then reaal alien moved that copus of the report be printed for the use of the house it was seconded by mr hoge mr tang thought it would be better to leave the matter to the committee ahe same as the report of the directors of the insane asylum the motion was lost there being but in the affirmative Hoge McLaughlin and alien i A communication was received announcing noun cing that the council had passed H 0 B 10 A authorizing therom the com mit claims to clerical assistance as might be deemed ita c iry rt w ta fi t necessary aj kag offered a bilgor an act fco prohibit intoxicating it provides that Ltha presentation of aceti tion signed by att least one fourths k thai legal oa voters of saxy to the 2 ay J A SS 5 county court of any county preying that th e question 0 tho sado of intoxicating liquors he to a vote of such county i hall shall s be the duty of said county court to order an election at which clelion tho voters of said county shall act upon the question of prohibiting the sale of intoxicating liquors in such county that the ballots used a such election shall be written or printed as follows against the sale and for the sale in a majority of alie ballots cast at such election are against the sale it hall bo unlawful for the county court OF such county to issue argrant or grant a license for the sale of intoxicating liquors in such county or for any common council or officer of any incorporated town or city in said county to grant or issue any license for the sale of such intoxicating liquors and any board officer or person violating the provisions of this act shall be guilty of a misdemeanor at any general election biannually after the first monday of august 1888 but at noot ber time the question of prohibiting the sale or intoxicating liquors shall be again submitted to a vote of the qualified electors of any county if one fourth of the voters petition the result of any election held under the provisions of this act shall remain in force until changed at some subsequent election held arf addition to the penalties now prescribed by law any person or persons who may sell intoxicating liquors without a license having been duly granted as provided by law or when the license is granted in violation of this act shall be restrained from so doing by proper induction issued by the court or judge thereof and any person may secure such injunction and may use the name of the county as plaintiff in the suit and no security shall be required and the county attorney of such county shall conduct such prosecution all acts so far as they conflict with the provisions of this act are hereby repealed provided that upon the next meeting of the county court of such county so declaring against Agai nsf the sale said court shall revoke all licenses theretofore granted and refund any amount which may be due any person by reason of such vocation the bill was read the first time and referred to the committee on elections A message from the council was received informing the house that CM 2 asling for the appointment of a fourth judge lor utah had passed that body also that 0 M 3 asling amendments bythe alien land law had been concurred in 0 M 2 was read on call and after the special order for wednesday C M 3 asking for the amendment of the alien land act was also motion of Mr arking King the memorial was also made special ordea for wednesday mr eichardt Eich ards presented a bill for an act to prevent crimes against the election franchise and it was read by its title and referred to the judiciary committee mr kimball presented a bill for an act to prevent malignant diseases among sheep referred to the committee on live stock also a bill for an act amending an act entitled railroad corporations mr montgomery presented a bill relating to the construction and maintenance of barb wire fences an invitation was received from the orphans home and day nursery As asking the house to visit that institution on tuesday january at an hour that might best suit the convenience of the solons arking moved to accept the invitation and designate the hour as 3 carried mr thurman offered a concurrent resolution providing thai every report rendered by any committee of either house be referred to intelligently in such a way as to make the journal a comprehensive history of the resolution and said much trouble and inconvenience had been caused hitherto by merely referring to the bills by their file number H F 16 introduced by mr moyle providing for the punishment of persons entering railroad cars in certain cases came up for its second reading butas it had not been printed mr alien moved that it be printed pending the second reading and the motion prevailed K I 1 15 mr IT oyles fixing the age of consent in rape cases at 13 years instead of 10 came up on its second reading read rules suspended read the third time and passed by a unanimous vote a F 13 mr darks bill for amending section chapter 2 title 3 of an act regulating the mode of procedure in criminal cases approved february came up on its third reading was read and passed there being but one negative vote thai of the anns as follows 4 enacted etc that section an act regulating ahe mode of procedure in 1878 Is hereby ameno tl 10 reau as follows SEC after conviction 0 f an offense a defendant who has appealed shall dpn application therefore be admitted to ball pend las said appeal as a matter of right in all where the charged is biot fiur der rape or other crimes able with more than five yeara im la the penitentiary and in alea cases lie maybe admitted to bail as a alon when the charged is not annish abla with death arned |