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Show ' - T. W. PETERSON VOTES WITH THE REPUBLICANS ON SEATING WARWICK Utah County Representative Wins in Hard ' ' . Fought Fights Results Follow- Heated j Partisan Debate. Vpte was 23 to 22. i . Salt Lako, Fob. 10. Charles L. i Warnlck ot Utah county, retains his seat in the House. The resolution Introduced yesterday by George F. Goodwin ot Salt Lake, declaring tlio J seat o( the Utah county legislator vacant, was defeated 23 nays to 22 ayes. J. Tom Fitch, Progressive of Carbon county, and T. W. Peterson, Peter-son, Progressive of Cache county, voted against the resolution, while -Charles It. Mabey, Republican of JDavla county, voted for It. Tho vote was taken at tho end ot a debato of two hours and thirty minutes. Personalities Per-sonalities wero frequent and Bevoral times Speaker Anderson pounded his .gavel to quoll demonstrations. When the vote was announced, somo ot tho members, and many spectators applauded. ap-plauded. Tho vote on Mr. Warnlck's seat officially ends a controversy which has attracted attention since tho opening ot tho session. Attorney General A. It. Barnes, asked by tho House special committee for a construction con-struction of tho clause of the constitution consti-tution whlth provides that to be ellg- lblo to election to the Houso of Rep-'H Rep-'H rcsentatlves one must be a resident !B 'of the state for threo years hold that -this means that a representative must be a 'resident of the state for B rjv 'three years next presiding hlsclec-1 hlsclec-1 'vP tlon. As Mr. Warnlck was a rosl-I rosl-I dent of Utah for only fourteen 'months next preceding his election, .the Houso did not follow tho con- structlon placed on the constitution I by tho attornoy general . Another Debate Stopped B Tho case was sot as a special or- I dor of business for 4 o'clock. At that fl tlmo tho Houso was engaged In a I discussion of tho inltlatlvo and rot- orendvm bill nnd Speaker Anderson B stopped debato on this measuro and ordered the clerk to call tho Warnlck contest caso, fl Ropresontatlvo Goodwin then read H his resolution doclarlng the seat ot I Mr. Warnlck vacant and moved that It he adopted. fl "All havo mado up their minds on fl ths question and there Is no need for lengthy debate," said Mr. Good-I Good-I win. Ho declared a new party bad I been formed which regarded tho constitution as a scrap of paper. Ho fl recited some of the facts In tho fl caso and called attention to the opln fl ions of many attornoys, who held that Mr. Warnlck was not entitled fl to his seat. "Shall, -wo uphold tho constitution or shall wo say to tho pooplo that wo do not carq tor our oaths?" ask-I ask-I cd Mr. Goodwin. , Intent of Clause I "Wllford Day of Iron, floor loador of tho Itepubllcans, hold that tho I members ot the House wero entitled to construo the constitution as they H saw fit. Ho accused tho lawyers of being technical In their lnterprota-fl lnterprota-fl . tlon of the constitution and asserted fl that os the words "noxt preceding" I had not been placed In tho constl-B constl-B tutlon, tho Intont ot tho constitution-B constitution-B nl convention was thati anyone who H had been a resident ot tho state for J thfoo.;' yjcars Boouht.bo eligible to H serVo as.'; a, joprj)Onjatlvp and, ihat. H residence was nol'tequlred for threo H years next i?eUdfilB his election. Wfr. He also, stated ihatjUta11 county was fBV entltlod to representation and that it B it woro denied representation the constitution would" bo violated by tho j Legislature. fl "My conscience would hurt mo If I I votod to unseat him attor talcing tho stand that William O'Noll ot Du-B Du-B chosno eouny was entitled to a seat B when ho was not eloctod from n rep-I rep-I resentatlvo district, said Mr. Pay. V Ho referred to tho constitutional fl question whtel) had been brought up fl before tho sosslon opened In c6nnoc I tlon with tho scat ot William O'Noll B n Domocrat. fl J. Alox Dovnn spnko against Mr. Warnlck And D. H. Morris, Democratic Demo-cratic floor leader from Washington asserted that If Utah county should be denied representation It would bo the fault ot the voters ot tho county coun-ty who had elected Mr. Warnlck knowing that ho had not been a resident res-ident three years preceding his election. elec-tion. Horse Thieves and Burglars "You people (referring to thcThb-publicans) thcThb-publicans) want to brush asldo tho) constitution and all the laws," said Mr. Morris. "That is What every common horse thief wants to do nnd It Is what burglars do. Those who vote for Mr. Warnlck will trample tho constitution under foot." "I am not putting the constitution under foot and I want you to take that back" yelled W. C. Horsley from tho Republican side. "I am going to vote for Warnlck and I am not a horso thlof," shouted Mr. Day. J. Louis Drown of Salt Lako spoko against Mr. Warnlck and addressed himself to the legal side of tho question. ques-tion. Ho characterized thoso who voted for Mr. Warnlck os anarchists. anarch-ists. W. L. Van Wagonor of Wasatch declared that, lawyers ..are too technical., tech-nical., "William Q'Ncll of Duchosne said ho thought tho constitution should be held sacred. Represcntatlvo Mabey mado It ap parent that ho opposod tho retention of Mr. Warnlck In tho Houso nnd read opinions from E. C. Ashton, D. O. Wllloy and Benjamin L. Rich, all holding that Mr. Warnlck was Ineligible In-eligible to servo. Guided by Conscience "I would yield to no man In this stato In my loyalty to tho Republican Republi-can party," sold Mr. Mabey in concluding. con-cluding. "I love tho Republican party as it has been tho party ot construction, but I retain tho right to vote as my conscience dictates on this matter." Samuel Oldham ot Cache questioned question-ed Mr. Warnlck In regard to his Idaho residence and T. W. Peterson of Cache asked.lt It would be un constitutional to leave Utah county without representation. Dan B. Shields of Salt Lake, Geo. D. Folkman of Weber, Mr. Warnlck and O. F, McSbane.of Beaver spoke to the resolution. r The foil call was on the question of declaring tho seat vacant. Thoso voting no favored Mr,, Warnlck and thoso voting yes woro opposed to him. Tho roll call resulted as follows: fol-lows: Neys Aagard, Allen, Barker, Black-ott, Black-ott, Child, Day, Fitch, Folkman, Fowles, Hawloy, Hinckley, Horsley, Kelly, McShane, t Peterson, Pope, Redd, Sovy, Stewart, Taylor, Van Wagoner, Wing and Speaker Anderson. Ander-son. Total 23. Ayes Bovan, Brinkorhoff, Browning, Brown-ing, Brown, Burton, Chrlstensen; Croft, Emits, Goodwin, Grlflln, Hammond, Ham-mond, Hayward, Lund, Mabey, Mooks Morris, Nobokor, Oldham, O'Noll, Page, Shields and Wolstenholmo. Total 22. It was necessary to havo 24 votes against Mr. Warnlck to doprlvo him of his seat. Mr. Warnlck did not vote on tho question undor tbu rules of the houso. |