| Show TEXT OF BILL AND VETO FOR the information of our readers we here present the full fall text of what is known as darks clarks ball bail bill as it passed both branches of the legislature and aad the communication from the governor in which he be his disapproval of the measure the rhe bill Is a follows A BILL F for or an aix act An amending tending section chapter Chap teil 1 title 9 of an act regulating the mode of procedure in criminal 7 cases approved february 4 ary 1878 SECTION 1 be it enacted by the governor and legislative assembly of the territory of utah that section chapter 1 title 9 of an act regulating the 04 mode ot of procedure ip criminal cases approved february 1878 is hereby amended to read as follows I 1 SEC after conviction of 40 of fence a defendant who appealed hasp bas pealed shall upon application be admitted to ball pending said appeal as a matter of right ta in all cases where the offense charged Is not murders murder ram rape e or other infamous crime me able with more than five years im in the penitentiary anao these cases he way may be admitted to ball bail as a matter of discretion the ahe orlease charged is not punishable wath death 11 I 1 t following is the text of the veto message von bon WW IV W biter speaker of the house houge of representatives SIR H F no 13 an ac providing for the giving of bail and amending section 38 ODA carter coir 4 title of an act regulating the mo a of procedure in ia criminal cases approved february U 2 1873 1878 has received my most careful consideration it having heretofore been the subject v of earnest controversy the used by th friends of this Ines measure pure for a change of the existing laws upon the subject of ballis bailis bail is that an lini imported ported judiciary boastfully hostile to the people of utah have used the discretionary powers entrusted to then by the presie present ut law qs as an engine of injustice oppression and inhumanity without de detail trill careful scrutiny will show that all the evils which are stated aft possible to follow in continuing ulu g the ibe law without change are based upon the assumption that our juftes judges will betray their laigh high trust and use the discretion entrusted to them to arbitrarily oppress the unfortunate charged with crime the charges made as to the past conduct of our judiciary and that implied as to their future cannot receive my endorsement ement our present bail law is a good one obtaining in other communities and ghang satisfaction personal liberty in so far as ai it can cad be consistent with the safety of society and the punishment of crime is safely guarded in the making of our laws so many safeguards have been found necessary for the protection of df the innocent and the fre freedom ellom of the citizen that criminals taking advantage thereof escape mer iced punishment A parly charged with crime with ball provided lovide or belore conviction clothed ay by law with pr presumption of innocence judges of character impartiality aBd to conduct the trial counsel provided tor for him or selected by himself a jury of his bis peers to find his guilt or innocence appeal and ball bail under proper conditions allowed after conviction executive clothed with power of respite aud and pardon the innocent are less likely to be punished than the guilty to escape the judge upon the bench can be more wisely entrusted with witha a discretion which Is not arbitrary but judicial than the wealthy and strong party convicted of crime can be clothed with arbitrary power to commute his punishment to a money consideration the amendment proposed recognizes this fact by leaving to the judges this discretion in the greater matters while denying it in the lesser H R F no 18 1 return ath out my approval W WEST |
