Show A GRIST OP NEW BILLS PETITION KH FOR A FOURTH JUDGE FOR UTAH the lawmakers law makers getting down to work in earnest EIGHTH DAT JAN COUNCIL A communication was received from the house embodying a concurrent resolution for a protest to be presented by hon john T caine against the proposed reduction of the tariff on lead on motion of mr woolley the resolution was adopted woolley chairman of the committee on judiciary reported recommending that the amendments of the house to 0 F no 1 be not concurred in the report was adopted and the house notified young presented a bill entitled A bill for an act in relation to divorce and for the more effectual protection of the lawful wife and to aid in the suppression of polygamy and polygamous practices A communication was read from the governor nominating arthur pratt for auditor of public accounts and bolivar roberts for territorial treasurer the governors communication was filed for consideration in executive session marshall moved to proceed to executive session now the president said he bad just received a communication from the house which the clerk would read it consisted of a concurrent resolution providing for the publication of copies of the law of congress restricting territorial oriol legislation for the use of the legislature the resolution was adopted the house notified the council of the appointment of moyle thurman and hoge as a committee to confer with a like committee of the council on tho bill for the compilation of the laws of utah woolley marshall and bilant were appointed by the president as a committee on the part of the council to confer with the committee of the house on that subject carlisle then a for fifteen minutes in order to allow the committee to confer woolley reported from the tee on conference for compilation of the laws that they had substantially agreed with the house committee but requiring further time to make out their report the time was allowed marshall asked to be excused i tomorrow to morrow on account of special business granted on motion of marshall the council adjourned benediction bythe chaplain HOUSE several members of the house and the chaplain were absent at roll call at 2 p m today to day some time was consumed in amending the minutes when alien presented a petition from E T for an appropriation as remuneration for services as clerk of the territorial supreme court in cases under territorial laws and moved ita reference to the committee on claims thurman made the remark that mr spragues os claim would likely be provided for in the appropriation bill but did not object to the reference of his petition richards hards presented a claim of G H belnap of weber county which was referred to the claims committee dark presented the claim of D B harrington for remuneration as minute clerk of the last house with two years interest same reference messages from the council were read announcing its concurrence in the house resolution requesting hon john T caine to oppose the reduction of the tariff on lead and Us in the bouse amendments to 0 E 1 in relation to compiling the laws on motion of mr moyle a conference committee was appointed viz thurman and Hoge A bill in relation to a territorial board of equalization was introduced and referred A bill in reference to the election of municipal officers was introduced and referred A bill prescribing the manner of constructing doors in public buildings was introduced and referred A bill to establish a territorial reform school was introduced and referred the speaker announced that the clerks table was cleared but suggested that the conference committee on compilation might be able to report shortly on motion tho house took a recess to await an announcement of the conference committee after a recess lasting a little less than an hour the speaker called the house to order king moved that the cleric of the house be instructed to notify certain persons that the freedom of the house was extended to them they embraced the governor federal officers etc s the conference committee reported progress and that would likely be able to re poria bill tomorrow to morrow hatch introduced a concurrent resolution authorizing the house committee on claims to employ clerical assistance adopted messages from the council were read ot a conference committee oa the comi dilation pi lation bill and concurrence in the houed resolution providing 1 for the printing of copie the gishal law from lands B on motion of king the house adjourned jour ned NINTH DAY JAN COUNCIL the committee on elections to whom was referred C F no 6 a bill for an act providing for the tion of voters and conduct of election reported that the passage of the act would not be for the best interest of the territory and therefore becom mended that the bill be not passed the report was adopted the committee on municipal corporations po rations and towns to whom was referred C F no 5 a bill to provide for the classification and government of municipal corporations and towns recommended that the bill be put upon its passage the report was adopted and tho bill filed for second reading following is the bill as read be it enacted legislative assembly oath territory of utah as follows 1 that tho municipal corporations in this territory be and the same are hereby divided into two classes all incorporated cities having 2000 or more resident legal voters as shown by the returns of the last general election shall be of the first class and all others ahall oe of the second class SEC 2 each incorporated city of the first shall be divided into alve municipal wards the boundaries of which shall be prescribed by ordinance prior to the next municipal election sac 3 the government of all incorporated cities of the first class Is hereby vested in a city council to be composed of a mayor who shall be a qualified elector tn the city five aldermen one from each ward and ten councilmen two from each ward who shall be qualified electors in their respective spec tive wards the mayor shall lie chosen by the qualified voters of the respective w and the aldermen and councilmen shall be chosen by the qualified voters ot their respective wards they shall hold their offices for two years and until their successors are elected and qualified csc 4 the government of municipal corporations po rations of the second class shall continue as now provided by law A 11 acts and parts of acts so far as the same are in conflict with the provisions hereof are hereby repealed this act shall tabe effect and bo in orce from and after its passage and approval ay iy the governor A communication notifying the council that the house had concurred in the resolution providing for a joint on memorial was received the chair appointed marshall smoot and carlisle to represent he council mr marshall introduced the following memorial which was read for the arst time and referred to the commit ee on memorial to the honorable the senate and crep re of the united stales in congress as tem bled your 1 he governor and legislative isla tive assembly of the territory of utah would respect tu 1 ly re presen t that th e business of mining for the precious metals has arcome a great and growing industry in the territory of utah requiring large cappai to and work the mines and to supply tha necessary reduction works that in every case small tracts of land are required to embrace the mines and for the proper working thereof and such lands are generally located so as to he valueless for any other purpose except for such mining that large amounts of money must be risked and that too where the returns are uncertain and speculative in opening nuci aai in their general and that it has been the experience of the citizens of this territory as well as of the adjoining territories anat much capital can be more readily obtained leom europe than in america that the passage by your honorable bodies of the act entitled an act to restrict the ownership obrea estate in the territories to american citizens and so forth march has ben and will continue unless modified of great detriment to vast industry that the holding of athla class otreal estate by aliens cannot injure any one and will result in great benefit to the people of this territory and more especially to that large and industrious class of its citizens engaged in this important and growing employment wherefore your memoria lists earnestly pray that said act commonly called the alien land act mayse so amended by your honorable body as to exclude from its operation mineral lands in the territories andybur memoria lists would further pray that whereas since the organization of this territory Us population to about inhabitant its mining agricultural and manufacturing industries have become large important and valuable that with such ahe business of the courts have become such that the three judges heretofore to said territory are wholly inadequate to dispose of the litigation arising from these interests and whereas experience has further bbown that it Is unsafe and prejudicial to litigants lit gants that the same judge who has heard and decided a cause as a district ludge should be allowed to participate in the bearing and decision of the same cause en appeal and in the supreme court of said territory now your memoria lists would respectfully pray that your honorable body takes action as to provide tor and obviate the ald wants and your memoria lists will ever pray as in bound 0 F no 3 a bill providing for attachments was read for the second time and filed for third reading A communication was received from auditor N VV clayton thanking the council for extending to him the freedom of the council chamber council adjourned HOUSE after the usual preliminaries under tho call of petitions mr bams worth presented the petition of sheriff baldwin of beaver county for services rendered the second district court referred to the committee on claims and public accounts also a petition from william wood and seventy five others of ville beaver county asking an amendment to the fence laws and the payment of a bounty on rabbits committee on agriculture mr hatch chairman of tho committee on rules presented a report recommending the adoption of the council concurrent resolution appointing a joint committee on memorials mr thurman from the committee on judiciary presented a report fa the passage of the boffl fixing the time when the law should go into effect and it was unanimously adopted mr king chairman of the committee on enrollment reported that the house resolutions opposing a reduction of the tariff on lead had been correctly enrolled and a copy forwarded to hon john T caine received and on motion of mr alien accepted and filed mr moyle of the select committee of conference reported a new billon bill on compilation of the laws this bill provides for the compilation of the appointing a tee to superintend the work to employ competent aid report a full compilation on or before march ls but providing for continuing the work longer if there is not time to let tho printing and binding of copies to the lowest competent bid der tha placing ot the books in the hands of the territorial auditor for distribution and sale by the suspension of the rules the bill its c the housa then present odthe fol i for anac tuo relation to devoice di voice for the more effectual krotec tion of the and to aid in the bof polygamous rela ancl practices jw SEC 1 be it enacted by the governor and legislative assembly of the territory of utah 1 that in addition 0 o the causes of dl vorce specified in sec tol an act entitled an act amending ll 11 il and 1154 of the compiled laws of utah approved february 2 1878 the district court of ahe district athin which the hive h ive been a bona fide resident for one year next prior to the commencement of the action may at the suit of the wife debrea ft dissolution of the marriage contract for either ol 01 the following causes to wit first bigamy or polygamy committed by defendant after the passage of this act second when after passage of abathe shall live cohabit conson or asio clate walh hie bigamous polygamous orso called plural wife SEC 2 in a case commenced and prosecuted act it shall not be necessary in order to obtain the relief sought by plaintiff to prove that defendant defend aut OAS had sexual intercourse with his bigamous polygamous or plural wife nor shall proof of aoa sexual intercourse ter course between defendant and his bigamous polygamous or plural wife constitute any defense of the action SEC 3 in no action commenced or prosecuted under this act shall plaintiffs right to ahe relief sought be defeated by the fact that she may have consented la or condoned the bigamous or marriage or defendant fen dant nor by the fact that the may have at rolfae time or times consented to or con stoned hla living cohabiting consorting or associating with his bigamous polygamous or plural wife afier the of his lawful wife therelo has been withdrawn SEC 4 dpn decreeing a divorce under this act it shall be the duty of the court if there be no lawful issue of the defendant then alive to decree and award to the lawful wife all the property of the defendant both real and person alor ethere be but one legitimate child ot dependant delen dant then alive or such child but the lawful lisue of ono such de ceased child then there shall be decreed and awarded to the one hall of all the properly of the defendant loth real and personal or if there be more than oue lefiti mate child of the defendant then alive or one or more than one such child as the lawful issue of one or more than one huch child then there shall be decreed and awarded to the lawful wife one third of all the property both real and personal of the defendant provided however in all cases that there beall be left to tha defendant sufficient of his property over and above that decreed and awarded to bis lawful wife to meet his just debts and liabilities i eca when a divorce Is granted under this act the court may in addition to awarding property to the lawful wife absolutely as in this act provided compel the defendant to provide for the maintenance of the children of the marriage and lo 10 nay to the lawful alfa permanent alimony for her support during her life or for a shorter period as the court may deem just and in such amount as it may deem expedient and it may from time to time modify its order in this respect SEC 6 when an order Is made requiring the defendant to provide for the maintenance of the children of the marri agBor to pay alimony to his divorced wife the court may require the husband to give reasonable security such maintenance or making suca payments and may enforce the same by appointing a receiver or by any other remedy applicable 10 the case SEC 7 the court may before or after judgment rive suan direction for the custody cuce c uce and of the children of the marriage as may seem necessary or poper and may at any time vacate or modify the ame on mr motion it was referred to the committee on judiciary in presenting the bilahe said he behaved behoved it was one which would receive the most cordial support of all the political parties in the house the peoples party had only lately put themselves upon record in favor of it and he did not look for much tion mr dark presented a bill for an act amending section charter 1 title IX of the laws of utah it provides the right of bail pending appeal jn all cases where the punish mens yeara im and makes it a matter of discretion where the penalty of the crime is death mr thurman presented a resolution instructing the joint committee on memorial to prepare a memorial to congress asking that body to appoint a fourth judge for utah and authorizing the committee to draft a bill designating and defining a fourth district in this territory adopted the house then adjourned TENTH DAY JAN COUNCIL A communication was received from the house stating that it had cassed the bill |