Show dam mam YB am 0 33 93 UTH UTAH spoliation BILL proceedings of the IT S N house of representatives march ap 4 in re relation a to mckeen mereen bilt bill to aid the execution of the laws in utah mn akira mckee from the Cotil committee mit 0 on D the terri territories tories reported back with amendments and with the recommendation that it do pass pas the bilia ar no 2204 concerning the execution of tile the lawsin laws in the territory of utah and for other purposes mr mckee meker tins tina bill isquitt is quite lengthy and unless it is to be considered si now I 1 do not wish avish to take up time in the morning nour hour by having the bill read it has been printed with the exception of a few small I 1 would rather that someday some day should be set bet et for its consideration so that the whole house may have time to read and fand consider it and if they wish it time to discuss it il I 1 do not wish to press prest it now and keep it in the morning hour from day to day it is an i and might tako take up cio uto morning hour indefinitely ni tely I 1 ask unanimous consent that it itt 1 1 set for consideration for the third tuesday in march at half pa pat 0 I 1 there Is is a proposition i lie pared parea by the minority of the committee which lim haz not been presented but which they wi wish to bring before the I louse huse this morning mr in behalf of members oe 0 the committee I 1 wish to present li resent a substitute for this bill I 1 mr mekee mckee 1 I as ask ash that this bill may be madea made a special order for the third tuesday of this month at half past 1 and from day to day until disposed of mr COX I 1 think it had better be set forn fora for n more distant day mr alf BUTLER BUT nut LEB of massachusetts I 1 desire to call the attention of the house for a moment to the fact that nin my judgment this bill should bo be committed to the committee on the judiciary it is essentially senti ally a judicial question the title of the bill is concerning the execution of the laws in the territory of utah and for other purposes it proposes to remodel all the court courts sali sail sall all ali tile the juries and the vailous various machinery of the courts in utah tile the subject was first before the committee on the judiciary and we began its consideration it it was afterward taken up by the committee on the territories I 1 understand that committee to be very nearly neary equally divided upon it six sis in the majority and five in the minority I 1 jill gili think that we in the commatee Com mUtee on the judiciary can come conic to toa ton a more unanimous conclusion cl one way or the other I 1 do nob not wonder monder that ll 11 the lc committee on the territories are divided this is a new matter to them one entirely beyond their proper cognizance I 1 hope that the bill will be referred to the committee on the judiciary who already have th three ree bills upon this subject before them including one of which this was a draught and which is under consideration by my learned coli colleague the gentleman from vermont lenir mr Po poland roland land laud at the proper time I 1 will make malke the motion to refer mr mckee MCHEE I 1 desire to state that as to the question of j jurisdiction the committee on the territories und under erthe the rules of this house have almost it exclusive jurisdiction or of this subject while the committee on the judiciary has only such jurisdiction as may bo be conferred upon it by a reference of the bill only that and no more mr POTTER tills this bill is something like one which was before the last jast congress and which was referred to the committee on the judiciary it was discussed during the entire two sessions of that CO congress and the committee finally after a very mature consideration arrived at a unanimous conclusion upon the subject the chairman of the committee judge bingham was directed to report the bill to the tile house but owing to the lateness of the session lie he had no opportunity to do so the bill provides for a new system of drawing juries in the territory of utah owing to the particular situation ot 0 there but at the same tinie time it does notes not establish any precedent for the other territories the consideration of the subject has been again resumed by tile the committee on the judiciary of this congress and I 1 quite agree with the chairman of that committee nir dir mr butler of massachusetts t that 11 it itis probable we will c soon oon arrive at att ilear ne arlyn ly con elusion upon the subject I 1 think if we proceed to consider the report of the committee on the territories it will not result in any anywise wise or prudent legislation mr air mckee mcke E the committee on the judiciary have failed to bring forward a bill they failed in the last congress tills this bill is nothing new it has been passed heretofore by tile hou houe c and C E think by the senate mr POTTER wo we have failed to bring it eforo before the house this session because our committee has not yet been reached on this call and we to t o failed last session merely because the tho c committee were not cai cal called led 1 af M I irate HALE of maine alaine lash rask I 1 ask lle ile llie lie gentleman fro from m mississippi ilir mr mcree mckee in his bis proposition for assignment viti vili sign g limen timen menh ment t to except appropriation bills Is 11 mr r mckee mcke E I 1 inake make th eliat t e exception cep tion the who hpe SPEAKER AKER the proposition requires unanimous consent mr BUTLER of massachusetts I 1 ob object eject and alid move that the bill be referred to the committee on the judie judiciary iary lary the SPEAKER AKER the bill has not yet been read all this discus sion is informal but the chair has indulged it because he suppo supposed sed Ted some arrangement might be agreed to mr mckee I 1 call for the reading of the rule relative to the jurisdiction of tho the committee on the territories tile the clerk read the rule as follows it shall be the duty of the committee on the territories to examine into the ae legislative isla tive cleil and criminal proceedings of f the and to devise and report to the house honse such means as in their thein opinion may be necessary to secure the i lights and privileges of residents and non resit dents the SPEAKER auer AKER there is no doubt whatever that the committee on the territories have perfect authority to report this bill nor is there any doubt whatever that the house has the right to refer it to another committee it is merely a question for the majority of the house to determine mr COX with the permission of the gentleman who reported this bill mr mckee I 1 would like to ay say one word in favor of its reference to the committee on the judiciary di ciary mr jr i mckee I 1 will withdraw the bill for the present in order to report other bills from our committee after which I 1 will report this bill and if the Hou house sewill will sustain me I 1 will keep heep it in the morning hour until disposed of mr COX well weil mr speaker is tile motion of the gentleman from om massachusetts now pending or is the bill withdrawn mr mckee mekee it is only withdrawn temporarily in order that we may report another bill this bill will come up again before this morning hour I 1 is s out mr nickee mckee from the committee on the territories reported back the bill H R no 2204 concerning the execution of of laws in the territory of utah and for other purposes the clerk proceeded to read the bill but was interrupted by mr G F HOAR who said I 1 desire to make a point of order on this bill the bill is very longani lon gand perhaps it may save time to make the point now though I 1 will reserve it until the clo cio close of th the r reading adso if the chair deems that course be best the SPEAKER auer AKER what point does docs the gentlemen inake mr G F HOAR HOAM the rule adopted bythe bytho by the tho house at tile the present session provides that I 1 bills making mailing appropriations of money or property or requiring such appropriations to bo be made shall be birst discussed in committee ot of the whole now this bill provides for a large number of new offices for instance in the first section it provides for tile the appointment or of deputy mars marshals hals bals and in the third section for the appointment of assistant district attorneys it pre prescribes eribes the duties of these new og elects and that the same fees and emoluments ments as the district attorney would be entitled to nor for tile the same service shall shail be allowed for tho services of assistant district attorneys 11 then the twenty third section provides for the appointment of other new officers of the united states to wit judges and clerks of election all these provisions peremptorily require an appropriation of money from the treasury of the united states 1 mr mckee mcree the tho bill makes no appropriation of money and requires lrea ires irea no new appropriation A deputy marshal or an an assistant district attorney will draw but tile the same pay which the marshal or the tho district attorney would have drawn the bill creates no new now office but merely y assistants and it makes no appropriation or of money mr G F HOAR there may way be alx lx ten of these assistant district actor trying z causes at dit times antl and they are all ali to be paid by fee fees from the treasury of the tile united states and all an appropriation pria tion of money must be made to provide for their compensation at I 1 t must be manifest that tile the er creation cation of a dozen new must impose additional expense upon the united states under this bill the government may bo be paying fron fro ii the treasury tell ten men when without tile the bill it would bo be paying aut iut ut one m man n mr mckee to aspea more correctly the united x be paying for so many prow pros potions no more no less if nil an ab tty imam district attorney instead of the district attorney himself attends to a prosecution the assistant receives the pay instead of tile the district attorney tor rles ticy the bill requires no new appropriation the SPEAKER does the bill authorize the appointment of any officer not already authorized i by the government of the tile united states McKEE Mr it requires the appointment of assistant attorneys the SPEAKER not now authorized thorn zed by law mr air POTTER and assistant marshals the SPEAKER tile the point which the chair wants to get at is this does the bill create any additional office or officers for which the united states will be responsible and which do not now exist by la law W mr BUTLER of massachusetts eight or ten mr mcree mckee I 1 say they are net not new offices the SPEAKER the gentleman from rin making his point of order di directed rented attention to the twenty third section among others As that section is brief brier the tile chair will ask the clerk to read it the clerk read as follows Thata that at tany any general or special election held in the territory ot of utah uta the election precincts shall be established and designated at least 30 days before the election the tho governor govera or united states attorney and secretary of the territory shall shail have power w to appoint one judge and one clerk orpo ot e bekc tion lion for each election precinct in ibe tho territory so established establish edy edt and to establish such additional precincts as may bo be necessary 1 to secure to tho the people a free and fair election and to appoint tho judges and clerks clerk sos ot election at such additional precincts mr air G F HOAR let me make one suggestion tion will it be germane for me to move a provision especially establishing the salary of these officers the SPEAKER the chair was coming to that he will direct the clerk cleric to read tile the first section of the bill mr mckee mekee right here I 1 shot should I 1 like ike to say these are territorial officers and that tile the government does docs not pay them at all the S SPEAKER the clerk will it now read a portion of the nir fir firt first t section of the bill tile the clerk read remd as follows tb that at the united states marshal ot of utah territory may appoint deputies in each ot of the judicial districts of r said sald territory said deputies shall be authorized to enter upon ulon the discharge ct cf their duties upon the approval ot of such appointments by the judge athe 0 the district court ol of thi district in which each is appointed SPEAKER The the clerk will also read a part apart of the third section of the bill the clerk read as follows SEC 3 that the united states district attorney ot of said territory may also appoint assistants ass stants in each or of the judicial districts ot said sald territory provided that before any such assistant shall enter upon the discharge ot of his duties his appointment shall be approved by tho the i judge U atthe district court courtot of the district for or W which aich such a appointment 0 ointment is made nud and said assistant shall shail el pi 1 taire and subscribe to tho the same oath prescribed by law to b taken by the district ria attorney and sald said appoint appointment menty menti approval and oath with shall be entered upon the cords records ot of eaid raid court The tile SPEAKER the tho chair directs particular attention to the following paragraph the clerk read as follows the same fees and emoluments as aa the district attorney would bo be entitled to for tor the same service shall bo be allowed forthe for the ser services vicas of assistant district attorneys the rhe siw SIE SPEAKER auer AKER the tho gentleman manfrom from mississippi who reports the bill from the committee on the territories will observe this does actually create a large number of new offices under the authority of the united states and although it does not designate any special salary to be paid to them except in the case just read yet it would be perfectly germane to move as an amendment to the bill an appropriation pr pria bation Lation tion of a sum of money specifically illy fixing their salaries the rule which the house is now acting under adopted at the tile beginning of this session was intended to entirely do away with any indirect appropriation from tiie tile treasury and he nhe chair thinks this does bind and require the united states to make an appropriation of money should it become a law tile the chair mirther further thinks an amendment to this bill should it bo be con considered leered in the house fixing a specific salary for the officers authorized in this bill till would bo be a germane amendment which lie ho could not rule out mr air mckee I 1 submit to the speaker that when a proposition is made to give salaries to these officers cei eer then and not till then does this question of order arise the SPEAKER AKER does the gentleman from mississippi contemplate that all the off omm meers officers provided for in this bill shall servo serve without salary mr mckee only with such salary as is now dow allowed by jaw that and not one dollar more the SPEAKER but these those om offices do not now exist mr mckee an assistant attorney can hardly bo be considered as an officer at all because at all times any united states attorney may get any other attorney to assist him in the discharge of his duties the SPEAKER AKER but how will it be in regard to the tile different dif dlf j judges n d of election precincts throughout the territory mr mckee mekee they would come in under the territorial law there are such judges of election precincts in existence in that territory now the SPEAKER and they are authorized to bo be appointed by the united states for this purpose mr mckee there is a provision as to who shall a appoint int them and that one at least T shall shail a 11 be appointed by tile the governor instead of allowing the territorial legislature to appoint them all it merely provides pro yides for the appointment of one by the governor and does not |