| Show THE legislature tj cornal CO UNaL feb 14 I 1 1888 howe presented a minority report objecting to the passage of the bill as he deemed the measure un fairand unwise bryan moved the adoption of the minority report and that the bill be put upon its passage marshall deemed deem edit it a measure favoring the lordly stockman as against the toiling farmer and he opposed it I 1 woolley favored the majority report in order to get it before the council for fer discussion read for information and filed for second reading bryan presented a report from the committee on public health oo on H F 33 83 delatin re relating latin to the removal of dead carcasses recommending its passage report adopted ana the bill fi fled ledfor for second reading woolley presented a report odthe of the judiciary jadi ciary committee on H R F 17 re proceedings in justices justice courts and providing for appall appals apo eals amended recommended its passage the report was adopted and the bill filed tor second reading shurtliff from the committee ou on elections reported on HF 24 94 re its passage report adopted read by title and filed for second reading woolley from the committee on judiciary reported on an H F 37 a MR mil providing for the release of the right of dower recommended its passage pae report adopted read by title and III filed for second reading wimmer Wlm from the committee on counties recommended the passage ol of H F 88 determining disputed boundary lines 0 the report was adopted and the bill filed for second reading wimmer wi miner from the committee on highways reported on C F 26 a bill pertaining to highways recommending its rejection the bill was read tor for information and rejected woolley presented by request C 3 F 27 a bill providing for the lation of fees of clerks in district courts referred to the committee on en judiciary H F 24 to prevent crimes against the elective franchise was called tor jor second reading it was read the second and third time under huspen sion of the ru levand passed councilor smoot was excused on account of af attendance at a funeral H F 17 revising the proceedings in justices courts was read a second time and filed for third reading H V F 27 relating to barbed wirt wire fences was called for second reading favored its passage for reasons set act forth woolley proposed amending the title so as to read A bill to increase the profits of the barbed wire men and moved to strike stoke out the first section olsen had taken pains to learn the general feeling in regard to those fences the farmers wanted three wires and IL a pole an effective fence otherwise it was a trap to injure stock howe hoped the bill would not become jaw 4 it was impracticable for poor farmers to make such expensive fences two wires were as good as four in certain cases two wires with a ditch were better than tour four without he though that all those farmers not sent to th the pen by the edmunds tucker lavand the fish and game law would be landed in there by this barbed wire fence law A member observed that if the wire fence was dangerous to animals perhaps mr howe would suggest that the man who owned the horse should lead him to water for safety mr howe said he be would he thought it better for the man to herd his horse than tor for the farmer to herd his garden patta 1 atter further discussion humorous and otherwise by tuttle young marshal carlisle and bryan shurtliff at pm moved to adjourn till 2 pm tomorrow woolley notified the cowdell Couf leil that the members of the reform school committee would go to ogden tomorrow the council then adjourned february 15 1888 it A was received from cwm fredrick Kessler giving a full list of the property belonging to the territory in his possession referred to the committee on penitentiary and reform school A message was received from the house notifying the council of the for passage of H F 20 a bill providing for the removal of county seats read first time and referred to the committee on counties A communication was received from the house stating that the pien dment by the council to HF 41 was not concurred in the council after some discussion I 1 restored the section required by I 1 the house and the bill passed olsen presented a report of ef the SP special ecial committee appointed to ascertain the discrepancies it if any existed in the report of the auditor of public accounts and that of the treasurer the committee reported that after a thorough examination they fourd found that no errors existed and gave explanations of the accounts as rendered the report of the committee was accepted and the committee discharged olsen reported that the special joint committee had bad audited the accounts of the auditor andl and treasurer had bad found them correct and had cancelled and destroyed the warrants after comparison the stubs etc the report of the com committee mirtee was accepted H F 27 on barbed wire fences was called tor for second reading but at request of marshall was deferred till the return of absent members of the council A substitute for H F 33 providing for the removal of dead animals was read second time and filed for third reading H F 85 35 on selection of jurors was read the second time and filed for third reada reading H V F 37 31 relating to the relinquish ment of the right of dower was passed under suspension of the rules H F 38 determining disputed county boundary lines was read the second time and filed for third reading H F 17 a bill defining the method of procedure in justices courts so and d providing for appe appeals alsto to district courts in criminal cases was read the third time by sections and passed marshall presented by bv request a communication muni cation from mr zera snow with a till bill for services rendered to the amount of WO referred to the committee on claims and public accounts on motion of marshall the council adjourned till 2 p in tomorrow HOUSE HOUBE february 14 1888 king moved to strike out 4 as a repetition of a part of section 3 allen alien favored striking out oat bat richards creer and roueche opposed opo oBed tile the house refused to strike out oat moyle moved the suspension of the rules und and the third reading of the bill carried on motion of lund the bill passed by a vote of 20 ayes 2 noes the council passed II 11 F 24 bopre to prevent crimes against the elective franchise with amendments which the house proceeded tb consider they were mere verbal changes and the house concurred in all of them C F 23 was brought up in connection with H F 53 both substantially alike the question being on the recommendation men dation of the comai tee to reject the latter the house so ordered C F 28 was on motion of richards Eich ards ordered to be printed pending per ding second reading it refers to the payment of a given sum to each prisoner released from the penitentiary the bill providing for a geological survey of the territory was brought up moyle cavot opposed to the bill b but at called attention to what he be deemed some objectionable features of it A general discussion of the objects and scope of the bill ensued in which king all alien len and roueche took part roueche advocating the measure jk some unimportant amendments amendment gahe awre e made including a section makin making the act effective immediately Immediate lv and it was filed for tb third ird read reading i na on motion of king the house ad journea at pm feb 15 1888 opening exercises the minutes were slightly amended howell and richards were excused farnsworth Farnswor lh introduced a asking for an appropriation for roads in garfield and dan juan counties hawn hatch introduced a petition asking for a local option law referred to committee on elections the agricultural committee reported adversely on en the bill providing for a scientific survey of the territory filed for consideration on the second readia g got of the bill Thur manof the judiciary committee reported adversely on H HF F 4 for the punishment of polygamy bigamy etc the majority of the committee think that in view of the legislation by congress upon the subject the territorial legislature would have no right to pass any act in relation thereto the report is accompanied by a preamble and resolutions expressive of the sense of the majority of the committee thurman said he would not ipacs upon action un on the report and accompanying resolution of which the folt lowing is tile the text whereas the government of the united states has enacted laws prohibiting and punishing puni bigamy polygamy unlawful cohabitation adultery incest and fornication and said laws are in force and supreme in the territory of utah and whereas it is the opinion of ya H a excellency cel lency tae governor of utah ui ah aswell as well as a majority of the members of the present legislative Assembly that said laws upon the subjects named are exclusive and cannot lawfully be added to diminished or duplicated so far as said punishment is concerned by territorial rit orial legislation and whereas it is the opinion of a majority of the members of said assembly that any law passed by said legislature prohibiting or punishing any or all of said offenses fenaes of would not only be in excess of legislative pow er in the respect above referred to but would be ancon unconstitutional titu la in its operations and if not unconstitutional would be opp oppressive res in that it might subject the citizen to be twice tried for the same offense lenee of and whereas a bill has been introduced and is now pending in the house of representatives ot said legislature by which it is proposed to prohibit and punish each of said offenses already prohibited and punished hd by the laws lawa of the united states as aforesaid and whereas said assembly for the reasons above named have rejected and do hereby reject and add disapprove of said bill and in order that their action herein may not be misunderstood or misrepresented and tor for the purpose of emphasizing and reiterating in the most solema manner within their power as a legislative body the declarations and intentions of the people of utah concerning the prohibition of said offense resolved that said assembly are in favor of a just humane and impartial enforcement of said laws of the united states in the same manner as other criminal laws are enforced under the constitution and lows lews of our country tn the end that said offenses may be effectively prohibited hoge made a speech upon the report opposing 0 s its adoption and io ap replied pl le d to him |
