Show HOW NOW excellent governor charmingly excoriated legislative no appropriation for officers of the legislature still obstructed ted COUNCIL march 11 at ten thursday the speaker of uie council called for order and after the usual opening preliminaries limin aries several minor matters were disposed ofa recess was taken at 1130 till 2 pm at which hour on reassembling the council received the message of the governor vetoing the appropriation bill from alie also one with his approval of three house provide for distributing bests maesto map sto enczur the growth of timber and tho rich county bull bill mr groyer from the judiciary committee reported back tho bill referred to it in abo morning providing for the payment of officers of alio legislature say ing eliat as the bill contemplated an appropriation of money from the territorial treasury and as the governor had stated in his veto of the appropriation bill that lie would not to pay out one dollar it would be a waste of timo to further consider the present measure report adopted and the bill donated to tho paper mill the approvals of to C F 7 amending 4 and 5 laws of L C F 3 the bill 20 an ending sections and of llie compiled laws of 1876 and 0 F 51 the logan city charter were received and read the resolutions of the joint committee on the veto message mes bage on the compilation pi lation measures and ball bill were read concurred in and ordered spread upon the of the council the governors nominations of arthur pratt to be librarian and recorder of marks and brands and chris dielia to be a sealer of weights and measures were received and read alter the disposal of a few unimportant matters a recess till 8 pm unless called sooner by the chair was taken at eliat haur nominations from the governor as follows were received for chancelor Chanc clor of the deseret university henry V lawrence for J B eh J R walker C C goddwin Gop dwin G S erb WS mccornick G M scott U mackintosh jno it park M S severance M B howlee J 1 fur walter almy for directors inho insane asylum warren N jamea duain A 0 sinott jr bohu C vol dip J IS dooley and V M ferry the at arms reported a bill of for stationary books newa papera etc ordered by tho council winch mr proposed to liquidate by a that tho president be treasurer of a fund to be contributed to by all the councillors councilors Counci lors motion carried A charming incident which tended to the monotony of the proceedings occurred when mr hammond from a select committee handed to the clerk an ebony gavel ed with utah silver and gold and accompanied by an address which was rend by alie clerk the following inscriptions the gavel denotes who was alie recipient of alie beautiful present presented to lion elias A smith president by members and of alie council of alie legislative assembly of alie territory of utah session president smith brielly thanked the councillors councilors Counci lors for their aid during tho session id hoped their present cordial relations rela tiona would always continue considerable other miscellaneous business wa transacted and at 4 ao 40 a in the council was still in session HOUSE march 11 on reassembling on thursday morning the louse disposed of some matter and then according to alie salt lake herald mr sprung something of 1 upon tha honse by introducing tho following measure which after being amended by mr king by inserting tho item to pay the chaplain for clerical service waa that alie sum of is hereby appropriated out of any money in tha territorial treasury not otherwise appropriated for the payment of tho officers of tho twenty seventh sion of alie legislative assembly to bo paid ard distributed as follow a to II 11 M wells chief clerk of the council to milando fratt enrolling clerk of the to J C kimball sergeant at arms of the council 1 to lewis M cannon messen gerba the council to john hoagland watchman of the council Conn cil to C C shaw chaplain of the council Cou nril to clerk of the alouse of to thee jolin boyden enrolling clerk of be house of representatives 00 to levi know sergeant tit arm of the of fleps to thoa E olsen of alie house tivee ti to L IL of the house of representative to joesph chaplain of 1 to daniel minute clerk of the house of V I 1 minute clerk of the council to daniel leathern usher of alie house of representatives to alfred usher of the council to shaw for clerical services in alie council to joseph hall clerical services in alie houe provided that each of paid persons before receiving the auditors warrant shall assign to this territory hist claim against the united states for services rendered during tins session of this legislative assembly the only was by mr king who said lie certainly thought in view of the aid action of congress in withholding the per diem not of hut of tho alio were in no way for any action or non action of the legislature eliat an attempt bo them paid out of lie territorial treasury he thought the withholding of the pay a despicable action baich as body like congress should bo ashamed to enact mr thought eliat there should be a preamble reciting the need of baich a measure and rather thought in view of the united states statute on the subject eliat alie legislature biad as much right to pay alie members ns alie officers alie bill was sent to alie council mr lund reported back the bill punishing jail breaking which was laid on alie table there being no further business alie house at 1130 took a recess until 2 p m at 2 p in there was a full attendance a number of spectators were also present the committees ee were called but no response until select committees were readied when mr joseph A west arose and said the committee appointed to consider the vetoes of the bad two reports to make the first which was read by the clerk was published in full in yesterdays issue of the OGDEN HERALD mr king moved that the resolutions be adopted as the sense of the house mr mclaughlin raised the point of order that this committee made no report they had not been appointed for alie purpose of making lutious luti ois tin speaker stated that the corn m tie were appointed to report by revolutions or otherwise they saw fit mr mclaughlin demanded alie ayes and noes on this proposition several of the members as eagerly echoed his request and the ayes and were called with only one nega tive mr mclaughlin himself cannon stratford and thurman were absent alie second set of resolutions handed in was follows sir speaker four special joint committee appointed t 0 consider the veto messages of his excellency eli H murray upon the measure known as the bail bills beg leave to report as follows we do not recommend any apology for eccli an unusual proceeding the etarl ling and autocratic condiT ct of the governor in the long and conscientious labors performed by alie chosen representatives of an justifies and demands from us a reply here follows the text of the first bail bill and the governors veto in full and following that the second bail bill also with his veto attached on this subject alio commit tco reported as follows thita in the of and unrelenting sway the governor has made it impossible for tins legislature to provide proper and needed protection of personal liberty in the two veto messages upon this subject objections aro multiplied with out number many of hie claims advanced upon their face are shown to lack material essence they aro too trivial lor consideration the only possible objection of real weight was announced in the first message and was obviated in the second bill thu governors assertion that the united states court had fully sustained the present law and completely determined the rights of defend ants no relevancy the supreme court did no say that because alie lower courts had exercised exorcised the discretion granted them by law that therefore alie legislature had lost its discretionary power to amend or enlarge the statute that aiu al tribunal left to us as the chosen jt for i free people jhc thc right which his excellency has per withheld use our discretion in providing changes in existing for the benedit of this territory alio governors message indicates the theory matters relating rights ot persons the judges alone havo the to uee discretion lie seeks to make a point against this measure because it would permit the rich anun w the person posts sing many friends to go about his business under bonds while the destitute and would be cast into anil Js not tins the case universally where bail ia permitted if this be a valid objection to the proposed bill then all bail laws should bo aad every man rich or poor high or low innocent or guilty when accused of crime should be at oncy immured within a dungeon because forsooth ilia excellency would have equal justice or injustice for all are similarly without real significance in a political or legal benee ilia actual reason the inspiring motives of his vetoes is unmasked in ilia second message having exhausted all imaginable agi claims he is ut length forced to alie true ono which ia practically illy a sweeping admission that such a law would result in extending alie right of bail to alleged against united laws in this territory hi excellency a objections so far a they are tangible havo now been stated th people of utah territory speaking through alio unanimous voice ot their chosen legislators declared that aln enlargement or change of the law regulating bail was necea eary it is true that the practice was hero as in gome not a other por tiona of thia country to leave to the discretion of the courts the power to grant or withhold bail pending appeal in certain cases for many years this power was wielded hero as in other places where it is held by the courts in moderation tiercy and impartially no one class of offenders was singled out for special favors no one class was particular vindictiveness but later with growing and cruel adverse sentiment to tho people of utah with an imported judiciary boastfully hostile to their property and personal rights with an almost entire body of officials backed by press and pulpit upholding any scheme directed against them this discretionary power in the hands of the judges was made an engine of injustice oppression and inhumanity under these circumstances the legislature abling in consonance with public neal passed the bail bills but we could not overcome the autocratic whim or prejudice of the one man bhoge awful nod is made superior to lie expressed will of people of the legal right of the legislature under well founded principles to make such a law there can be no question there is no reason to doubt that if such a manifestly good and impartial measure me asire had passed to congress that great body would at once riven the necessary approval the entire tenor of our laws from the constitution down is to provide as much personal liberty for the citizen as possible and bail is allowed to people involved in criminal proceed ings tn order that no man possessing the power of securing his appearance for linal judgment need suffer an hours imprisonment until his case lira been conclusively and irrevocably decided by the court to which it is last to be appealed the discretionary power to the courts to allow bail pending appeal is nowhere granted for the purpose of giving judges the right to assail special individuals and when this discretion is exercised venomously and not alone for the purpose of securing appearance of defendants it should be withdrawn and in any other portion of the coun try than utah it would be abrogated by legislative enactment it been announced by blackstone bishop and other famed apostles of the law that bail is one of the creatures of civilized governments and is in fact a crystallization of the purest and most humano interests of man in his best estate such a creation as grows out of that feeling to be charitable and that desire to bo just only christian natures and progressive gres sive facea can extend to their fellow man article VIII of the amendments to the constitution af pf the united states says excessive bail shall not be required and if excessive bail is unconstitutional under this amendment what shall be said of the law that permits the denial altogether and that too in a misdemeanor the smallest offense known to tho law the practice in every state and territory of tho union we believe whatever may be lie statutory law upon the subject allows bail pending bogli trial and appeal upon this subject bishop says it is perhaps therefore to be accepted as the common law doctrine that if the case has gone to final sentence and tho prisoner is taken in execution ho cannot have bail while he is pursuing measures to have the judgment reversed but this doctrine lias been changed and iball in proper case allowed in Ene fand by recent statute and the same is probably true in many or most of our states baskett BasE ett in his criminal pleadings says that even after conviction in a case not capital a prisoner may under the rule and practice of the common law discharged on bail to appear and abide the sentence of tho court advis vs state 0 howard miss and miss the common code of iowa page saye all defendants are both before and after conviction by sureties except for offenses heretofore punishable with death the constitution of the state of texas provides aliat liat all persons shall be admitted to bail on sufficient sureties if therefore the practice in other staica and territories of the union allows ball pending appeal why should it not be allowed utah Is 1 man to be treated as a criminal in utah simply because he Is of a prime was ho legislature to sit silently and see revived the dark and horrible rule of the boges doges of venice when an anonymous charge thrust into the brazen lions mouth by some personal enemy meant a mans conviction and death it would seem so for alic reason that alic man in the autocrat of a power which he has shown himself totally unfit to wield hat ao decreed it ball will do for other places but not for butali and tills doctrine is forced upon us in dechance of law and precedent not only is alie right to ball per by law and precedent elsewhere but alio its kindred right eliat appeal the inherent and con right of every strongly guarded liy alie laws of every state and territory in abc union in fart the ft holy spirit and genius of our tho constitution down provides for tho perpetuity and pi enervation of this right but of what Is the right of appeal if ball pending alic of all c higher tribunal is denied and the ac 1 being punished the anino as if he were convicted if he mine with which lie is charged la misdemeanor he may be imprisoned ln appeal to the court of tho territory fur a longer term than the longest sentence that could bo imposed were he found guilty and if the charge h such alint he would be entitled to an appeal to the sib an me court of the united states if bijil were denied him pending alie same lie might lie imprisoned twice or thrice i long the longest ran tanco eliat lie could receive were lie acquitted ho would have jiin erad like i common criminal during all tho time that lie was prosecuting his appeal and yet bo all the timo ikuo cent were he guilty he would suf fer a double penalty while prosecuting sec hie appeal and one after judgment eo that a denial of brall pending appeal ie equally unjust whether the prisoner prie oner be eulley or in whether guilty or innocent alike lie has no redress if innocent he must suffer like a criminal because he is accused and if guilty a double penalty because he appeals thus the right of appeal designed to bo a safeguard of liberty and a bar to injustice with tho right of bail denied becomes a delusion and a snare by which a double punishment is inflicted upon jhb guilty aud equally harsh and cruel punishment inflicted upon ilie innocent in order therefore that the right of appeal may be of any practical benefit to the accused ball pending the same must be granted and justice |