Show TUC THE tep ten 1 aty I L feb eeb 15 COUNCIL council counell met pursuant to adjournment the following was received and read executive department salt lake city utah T february 15 1872 gentlemen of the legislative assembly an act entitled an act appropriating money to defray the incidental ex et of the convention elected to frame a constitution with a view to the admission of utah as a state states which has been submit submitted ted to me for approval is here hereunto unto anto returned without my signature on the of january last t transmitted to the legislative assembly my ray reasons for refusing to approve an act providing for holding a convention to prepare a constitution for the admission of utah into the union as a state in that communication I 1 stated among other reasons that the only rightful legislation within the scope of our authority under the organic act is such as pertains to the domestic concerns of the territory referring to the tice of congre a in authorizing the al aj mission of new now states only through enabling acts aois I 1 assid baid said without bue buc buch such h authority tho rity epoe spee ally conferred we a have no right to legislate upon that subject what was waa said of the act then under discus discussion slon sion applies with equal force to this had the former measure beell been a proper subject of legislation this which grows naturally out of that would also have been proper that act being unauthorized this which is its natural sequence is tainted with the same defect if at a territorial legislature unauthorized zed by congress we have no right by legislative enactment to calla call eail a convention to frame a constitution then a certiorari we have no authority to appropriate prop the peoples money to defray the expenses ex of such a convention it isa iss Is a buffi sufficient clent objection to the act under consideration that it seeks to appropriate money to pay the expenses of a convention entirely unauthorized by law GEORGE L WOODS governor of utah territory A communication from his excellency the governor nominating ellis elus M borrum as notary public for salt lake county and asking for his election was received and read and referred on motion of councilor cannon the rules of the council were suspended and he presented a bill for I 1 an act concerning the property rights of married persons which was passed an act incorporating the town of fairview in sanpete county was amended and passed on motion of councilor lot smith the council took recess till 2 pm two PM p m council resumed its session councilor smoot from committee on judiciary reported back an act to amend an act regulating proceedings in civil cabes in the courts of justice of this territory and to repeal certain acts and parts of acts approved february 1870 without amendments and recommended its passage as amended by the house passed Cou councilor nellor cannon from committee on revenue bevenue reported back an act further farther amending an act prescribing the manner of assessing and collecting county and territorial taxes and for other purposes without amendments and recommended its immediate passage passed councilor smoot presented petition of thomas B R cutler praying to be appointed po anted notary public for utah county which waa re read ad and referred Counci councilor lof loy smoot from committee on judiciary reported back an act acito to prescribe the mannen manner anner Yn of conducting criminal proceedings and recommended that in consequence of the limited time allotted during the present session the bill lie over as aa unfinished Pu business siness report accepted 69 ka ah act defining the time of commencing criminal actions was amended and passed an act to punish persons isaulo issuing g unauthorized or fraudulent bonds or other securities wab was passed the memorial to congress praying for an amendment to the organic act of the territory of utah was adopted mj an act prescribing a summary mode of procedure for the recovery of the possession of real properly property forcibly or unlawfully withheld was passed on motion of councilor cannon the amendments of the committee of conference confer enca to an act defining alie alle time of commencing criminal actions were concurred in an act pertaining to actions nin rin 0 in trespass and damage was read rend and referred V f on motion of councilor tW william illiam snow the council adjourned adjourn ed till 7 pm 1 L i HOUSE house met kursu pursuant s nt to adjournment journ jouin ment the foit folt following dwin was received and aud an dread ead EXECUTIVE department salt bait lake city utah territory feb eeb 10 1872 gentlemen of tha legislative M assembly I 1 1 i I 1 I 1 herewith return to you an act aa entitled an act providing for granting licenses to persons engaged in certain bertaln kinds of business without flay nay signature and approval section 1 provides among other things that the county courts shall have the power to revoke such licenses whenever in the opinion of the court it it may be required for the public good I 1 without discussing the question as to je whether under the organic act 0 of the territory the legislative assembly originally had bad the right to create such courts as the county courts it is deemed sufficient to say that the issuance of a license by proper authority to any per son for the carrying on of any given business is in the nature of a contract which under our system cannot be abrogated without the consent of both parties to such contract to invest the county courts even admitting that such courts have a legal existence with such arbitrary power would be subversive of the rights of the citizens and ought might not to be done again section 3 provides ro that the annual amount which may be required for licenses so granted 11 shall not be lebs lees that ten nor more than two hundred dollars leaving it entirely with the county court to determine the amounts which thich shall be charged persons persona engaged in the different kinds of business enumerated me rated justice requires that all taxation shall be uniform to that end all laws authorizing thor izing the issuance of licenses should specify the amount to be charged for each kind of business bu enumerated laws should always be so bo framed aa to render impossible the exercise of arbitrary and unjust power by any of the constituted officers of the law believing that the act in question does not meet this just and proper demand of the citizens I 1 return it to the house in which it originated without my signature geo GEORGE RGE L WOODS gov utah territory an ian act further farther defining the duties of county and school district collectors was waa passed joint resolution to defray sundry expenses of the legislative assembly was read with amendments and adopted mr thurber moved that the committee on claims etc be abe instructed to incorporate in the territorial appropriation bill the sum of ten thousand dollars or as much thereof as may be necessary ces sary to bo be drawn by J T D me allister Al llster territorial Mat mar marshal marshai shai on vouchers to be approved by the auditor of public accounts to defray expenses of district courts including rents board of prisoners fees of territorial marshal jurors witnesses and incidental expenses provided that no account shall be allowed in excess of the nies fees allowed by an act approved january 1859 adopted iund gund and committee on claims instructed ted accordingly mr peacock presented a bill for an act incorporating the town of fairview in sanpete county ll 11 passed mr ar rockwood boek Bock wood from committee on roads bridges etc in answer to the recommendation of the committee on claims etc in relation to bringing in a bill repealing the law creating the office of road boad commissioner reported an act further farther defining the duties of the road boad commissioner and xe repealing pealing so much of an ordinance in relation thereto laid on table mr J F smith from committee on petitions etc presented a memorial to congress praying for an amendment to the organic act of the territory D 0 of f utah referred referred 6 on motion of mr taylor the ho house e lescin rescinded ded their action on I 1 an act limiting in the time of commencing civil actions tig ons 1 and appointed B S S smith mit A K thurber and W B pace a committee of conference on said bill the deseret telegraph companes Compa Comp anys nyls claim for telegrams bent sent by territorial officers was waa presented and referred mr taylor tailor presented a bill for an act to punish the unauthorized or fraudulent issue of bonds or other securities title amended and bill passed messages from governor woods were received signifying his approval of an act amending the charters of inc incorporated corpor cities an act amending certain charters of incorporated cities an act authorizing and requiring the to auditor of public accounts to procure seals beals and for other purposes and also aiso an act amending an act incorporating ogden city mr 3 W V young moved that the sum of 63 be remitted to rufus 0 allen alien ex assessor and collector of washington county for the year 1856 which amount is now standing against the present assessor of said bald county on motion of mr taylor the committee on claims etc was instructed to incorporate said sum in the tho territorial appropriation bill mr hatch presented a bill for glan llan an act pertaining to actions in trespass and damage 11 referred metaylor mr taylor from committee on petitions tit ions etc reported back memorial memoria to congress praying for an amendment to the organic act of the territory of utah with amendments and recommended its passage adopted council amendment to an act incorporating corp orating the town of fairview in sanpete county was wab concurred in on motion of mr pace adjourned till p ra thury thur Thui atly atey feb 15 7 pm council met pursuant pai ant to adjournment councilor smoot from committee on judiciary reported back an act pertaining to actions in trespass and damage without c r and recommended its passage rejected joint resolution for tho the protection of territorial omm off meers leers in the discharge of their omm off lelal official duties was wag amended and referred councilor jennings presented claim of A miner for 1000 for servIce bervice 3 rendered as attorney in behalf of the territory of utah referred joint resolution as to delinquent taxes in summit county was read and referred territorial appropriation bill wag read and referred on motion of councilor woodruff I 1 councilors councillors Counci lors jennings Jen ninga and smoot were war added to committee on claims etc for the consideration of this thib bill an act to amend an act authorizing the secretary of utah to receive fees in certain cases vlas vias read nead the first time and referred I 1 an act to provide fur for compiling and publishing the laws of cong ConR congress ress applicable to the territory of utah was read and referred on motion of councilor Woodruff the council adjourned till friday at 10 am half past 2 OP p m kouse house resumed its sitting the report of the chancellor of the university ot of deseret Ie beret seret with accompanying documents was received and read and ordered published mr bich rich presented the territorial appropriation bill which was amended mr hatch presented the petition of H B S alexander ex assessor and collector of summit county praying for relief which was read and referred to the committee on revenue bevenue with MT mi watch naich added thereto for consideration ou on tho tue subject council amendment to an act de aning the time ot commencing criminal actions was in A bill for I 1 an act to amend an act entitled an act prescribing the tho manner of assessing essing and collecting territorial and county taxes approved january 20 1865 1863 was read and referred mr farr from committee on judiciary depoi ted back an act p pertaining or to actions on tres trespass sa and damage and nua recommended recommence it passage passed mr S B S smith from committee i on oa conference reported back an act limiting the time of commencing civil actions with an amen amendment i dment and recommended its passage passed mr rockwood from special com for a bill for I 1 an act for the protection of territorial officers in the discharge of their omm off iclal official duties and persons from malicious prosecution or persecution a joint resolution instead and recommended its passage adopted on motion of mr J F smith the sum of three thousand dollars was added to the territorial appropriation bill for the use of deseret university and branches on motion of mr W B R pace the sum of two thousand four hundred dollars was incorporated in the territorial appropriation bill for room rent clerk hire stationery and Inel incidentals dentals of the adjutant generals office for the years 1872 and 1873 to be drawn on the order of lieutenant general wells on motion of mr J F smith adjourned till 7 p m seven p m house resumed its sitting on motion of mr reese reebe the appropriation bill was read and passed the following was received and read mr thurber from committee on revenue reported for petition of H S alexander ex assessor and collector of summit county dounty praying forr for elief eilef a joint resolution and recommended its passage adopted on oa motion of mr a bill for an act amending an act entitled an act authorizing and empowering the secretary of the territory to receive and collect fees feea in certain cases approved jan 18 1861 was read and pais passed abill bill for iian an act concerning the property rights of married persons poisons was read and passed the following was received and read mr president and members of the house gentlemen your special committee 1 to whom was referred a motion of ins instruction traction to enquire into the expediency ped lency ency and importance of compiling ng and publishing the laws of Con congress gress grees applicable to and of force in utan terr tory respectfully report that in their opinion it is highly important that such compilation and publication should be made at as early a date as is consistent with the surveying and plotting of the public lands in our territory come to us the benefits of the preemption pre emption the home bome homestead the townsite and the mining laws with many ot others hers herb not necessary here hero to mention for this reason it becomes important indeed no ne cessare ces sary that the laws of congress con Cou greas on all these and other subjects be made public and put into the hands bands of the civil officers throughout our territory your committee therefore desire to report and recommend the presage of the accompanying bill for an act to compile and publish the laws of congress applicable to utah F D RICHARDS chairman of special committee bili bill passed mr callister Cal cai llster from committee on irrigation rr etc reported that in their judgment owing to the lateness of the season it was inexpedient to legislate upon the subject of H F no 28 tabled on motion of mr callister the committee on petitions etc were instructed to consider the propriety of memo realizing rial izing congress in relation to the state housein fillmore millard county to be used as a Be seminary of learning under the direction of the chancellor and board of regents of the university of deseret mr paco pace from committee on counties in in answer to the motion of mr rockwood in relation to parts of th the territory not being organized in a any dy county reported and recommended passage of an act extending the boundaries of summit and washington counties passed mr farr from committee on petition of R W jordan and others for amendments to lien law reported that they deemed it inexpedient to legislate thereon at the present session report accepted mr callister Cal cai llster fram from committee on concerning that portion of the |