Show ff House Overrides Ii 4 Constitution by Seating Warnick i Attorneys eys Express Opinion That All AllI I His Acts May Be Invalidated Fist Fight Is Averted I Blows followed arguments In tn the tho i contest content t Ir in tho Iho lower hou house o of ot tho Utah legislature Just after the a ad adjournment ad- ad o of oC tho the house of ot representatives tives last night nb Representative 0 O. 1 F t and nud County Count Charles i Weaver became entangled J over the they y veto voto in tho Warnick contest But nut for forI I I tho the of or 13 L. A A. A Hodges ser ser- at geant a scene might haVo hao oc occurred oe- oe U I in the the- house chamber jl l' l l-Jach l eh of or the participants too today is re reluctant re- re to dl discuss cUR tho the details of or the af affair affair af- af r- r 1 fair but Lut each accredits tim oth other r with 1111 o being the As nearly as could i I bo be lc learned tho the clash began when Mr 11 I Weaver r remarked If JC the constitution In Interferes In- In r F with politics brush it aside aid is said ald 1111 to have havo resented the remark as a J reflection upon his hk honest honesty L and sincerity of oC purpose Harsh words f jl 4 flew new thick and fast between th the two orl of or- l L Sergeant Cant Bod Hodges es admitted that th ho was au aM attracted b by the argument und nd ordered the county count official from the It chamber II When ho refused to go hO said aId Hotl Hodges cs I 1 I f 1 escorted him lim to tho the corridors i I H Have vc Little to Say t c was not Inclined to discuss the occurrence this morning There was wasu u nothing to It It said id he Tho The man mon didn't realize where here he was or what t ho was r dong doing He lIe did make tusks a n remark fk I Il l regarded d as nn an Insult insulL and ad I told toM him him t so but so-but but there them was nothing to ft it Its It's not notI I orth north printing I 1 I wan Wa not becking a quarrel with an any any- I l one said s Mr 1 Weaver caer ca er With ith ith a few ow t t others othern from my may office who were pres- pres II I I remarked It has bon been en evident allI all I I t the thc e afternoon that tho the matter was to be bea C a R straight party vote ote If H the tho constitution constitution tion stands in tho the wa way wh why Ju Just t brush It Il aside I seemed cern d to take m my remarks J a as personal and said Id he had been In In- In suited I told him that nothing o of the tho kind was as intended and that my ray statement state state- i I ment meat was made to one of my 01 friends t About that time tho the at arms put putt puti i t in Sn his lila appearance and said to McShane m What will I do doT Take him out said sail McShane I refused cd to go Ko as tho the house I was adjourned and tho the place lilace was public for or anyone t A A crowd gathered g around and then t wo B quit That's all thero there was to It ft I SERIOUS QUESTION ARISES AS AZ TO O VALIDITY OF LAWS That any hill bill passed b by tho the legislature I and approved b by the governor on which Representative Charles L. L Warnick of ot Utah county ma may cast st the tho deciding dec vote oto t In the tho lower ma may be declared unconstitutional unconstitutional une un un- un- un e Ii constitutional and of no effect Is the opinion of or a 1 largo laro number o of lawyers In Inait F Salt Ut ait Lake e who ho have given v n attention to 4 the losing contest which was a wa waged ed edo o a against Warnick hal holding ln his lila seat scat While hile the tho constitution of the state elate as assorts assorts as- as i sorts either the tho hou house e or the senate is tile tho solo sole Judge o of the Ule qualification JU of members in the respective houses hout it is Indicated that neither house lias the tho right to go JO behind the constitution and nullify nUllity I or abro abrogate tc It In an any detail Intent Is Plain That the plain intent of ot tho time constitution of or tho the state stale was violated In seating Beating Warnick War War- nick Is contended In that the tho constitutions constitution's tion's Intent Is that no person who otherwise otherwise other other- wise Is IK eligible to membership let eligibility if It he has not been a ent o of the state for the tho three years immediately Nt preceding his election Opponents of or Warnick contend th ho Imo occupies the anomalous position of being a member of or the legislatures of two states stairs in that if It a special or or extra session of the he Idaho legislature were cre called he would be eligible ble to to a seat In that body b by reason of his term as a member of or the lower loe house of oC the Idaho lawmaking bod body On the other hand contention Is ie matTe made by some lawyers not of or Warnick's amIcks party thaL that since he is 16 In tho office acting under the color of or office the policy of ot the law v ia Is to hold hIs liis acts as valid us RS against any collateral proceeding In other words the tho validity of the laws that might be contested con- con tested would rest not upon Warnick right to his seat but upon tIme tile validity of or the laws in and of ot themselves without reference to his status Thurman Is Indignant Declaring that the tho seating g of oC Warnick is b a travesty end and a flagrant violation of ot fundamental law Samuel B B. B Thurman state chairman of ot tho the Democratic part party in Sn Utah Utah made tho the following s statement to toca today to- to ca day I presume that t anything 1 J I may 1111 say on this thle matter will be he considered as nut hut at ot tho Urn risk of being of or taking a a. partisan view Je I will not to denounce de de- the action of th the majority of the tho house of representatives es in deliberately retaining Mr l Warnick as a representative after full knowledge of his Jis disqualification tion so an a a. most moat flagrant violation of fun fun- law Jaw that I have knowledge of ot within tho the range of or my experience The constitution of or till the state ln ing a three year years years' residence a as a qualification cation for th the office of o senator or Ot EO so plainly means tho the three years ears next t preceding his election that there is lEi not an Intelligent ent layman larman In tho the state of oC Utah who would not readily so flO construe it If it were submitted to him as OR an abstract q l question As s fur far as the opinions of the lawyers lawers are concerned without tL assuming that I ii e S ii S C CHARLES L L. W ARNIG know their opinions b by actual con consultation consulta ulla- ulla lion tion with them I will wilt assume there Is not a n lawyer lawver In Utah of or an any respectable standing as UI to his legal knowledge G who I will not join with me mo In the opinion al already already already al- al I ready expressed that the action of the majority or of the he hou house e of representatives already alread referred red to was a plain violation of the constitution of the tho he state elate of It was wag In defiance of every conceivable re reason Ulon which could could prompt or which could have prompted the adoption of the time lon of oC the time constitution under consid consideration e ration Action Ac ion Is Obnoxious The Tue action of or the majority becomes all aU tho the moro more flagrant wilful and ob obnoxious obnoxious obnoxious ob- ob noxious when It Is Js considered that it was Wae In defiance of the legal lesal opinion of or the time attorney general of the state whose opinion this same some majority expressly eo- eo and urged The opinion of ot th the attorney general however was some mone- mone something thing like tho the conduct of oC Pontius Pilate when h he delivered Christ to the Jews to tobe he be crucified He lIe did Id that In In- defiance o of his own convictions that Christ was In Innocent In- In The rhe attorney general although conscientious and compelled to deliver u a conscientious opinion went wOnt further than that th taking both his hils communications to together together to- to together gether which he expressly ly requested should ba ho done and inferred In lii effect to the legislature that whatever er th they did in inthe time the premises could not bo be questioned as ns the they were the thc exclusive Judges Judie by Iy the tho same mo constitution of oC tho the qualifications of ot their members In this however over tho honorable attorney at at- attorney torne torney himself was ml mistaken because the tho ac action lon of at the Ic legislature tI I is questioned can enn be questioned and will be Le ques Ques- questioned d b by every right thinking man mm controlled controlled controlled con con- trolled h by con considerations l of civic lc virtue At some future futuro time a will be rendered which ill 1 definitely determine that this and all such liuch questions can call be bo boand and will be bo reviewed and righteous judgment Judg- Judg ment b h he duly made and ami entered |