| Show cn A tim TT sv cv A BE MATE bill by thompson to make railroads pay borall stock killed or injured precipitates lively discussion in the house STATE SENATE the days session convened at 2 and at 8 adjourned until at the regular hour every senator was at his dealt and after chaplain sowani offered prayer wednesday journal was read and ap proved i the ang series ot between alie livestock committee and prominent sheep men ot the state resulted in the introduction ot a sheep bill which repeals the present law and enacts a new one vitally different abo office 0 sheep inspector Is abolished the sheep commission is cut to three members from five and additional powers are given it to enable it to estorco the laws against sheep disease the bill no 46 was introduced by senator clegg and repeals chapter 42 session laws 0 1903 it was referred to the on livestock st JL no ia by cadister CaU ister is aimed at securing better business methods in paying the fees of jury commissioners instead of having the district judge approve his vouchers the county in the county where the service was performed will audit the account the present law made it easy to obtain an overpayment as ohp district judge could not easily glicck up on the exact natuis ot the work performed Reter rod to the committee on county municipal corporation i the third new bill introduced was no 7 by senator lawrence it ailes to the law relating to in cities and towns being interested in the contracts tor public improvements a clause prohibiting suan officer irom receiving any money 01 compensation la addition to their regular salaries it went to the committee on judiciary S J R no 3 senator hollings worth proposing an amendment to the constitution empowering the legislature to fix judicial elections at a time over than on general day was taken from the table and referred to the judiciary committee tho way and means committee re ported adversely on senate biu no 34 and senate bill no 35 both by senator lewis the first one requires all corporations to annually file a statement of their assets and liabilities while alie second one axes the fees of the secretary of state for the filing of the statements both simply see c to increase the revenue of the state by requiring the filing of the statement mentioned the same committee also reported in the same on senator lewis S B no 19 requiring the publication of the tax rolls all three reports were adopted without date the committee on counties and municipal corporations presented two reports both adverse achon on senate bill no ag and aj both by senator the report on S B no 26 which strikes tho worda with alie intent from section 2205 of the statutes relative to the bringing ot haupers paupers into this stat ewas adopted this measure wa prepared at the request ot their own county commissioners who state that under the present law abea a pauper or anane person is brought into tho state 16 is impossible to prove the with the intent feature atad thus the penalty cannot be enforced at the request of senator hollingsworth consideration on the report as to S B 2 was deterred until mondays ees slon tho bill proposes to raise weber and utah counties to the second class since statehood both counties have been in the third class there absing no counties ol 01 the second class of course salt lake bag always been the sole county the judiciary committee reported favorably on senator Ras bands senate bill 33 which amplifies the law defining the duties of tho state auditor the report was adopted and today the bill was brought up tor passage the houte resolution by mr kinney proposing an amendment to the constitution so as to exempt mortgages from taxation was by request of the ways and means committee to whom it was first referred was referred to the judiciary committee where it will be examined as to its tho house advised that it had declined to accept tho amendments made by the senate to houe bill no 45 respecting appeals from justices court to the district court and asked for a conference and callaster Cal llster were appointed as such committee house bins MO n ana ro a beio referred to alie judiciary committee while house bill no 6 repealing the law creating the detate art institute was referred to the committee on education governor cutler transmitted a communication muni cation suggesting the consideration by a joint committee of the cation 0 certain courses of la the state university th state BO tho governor bald could illy afford to bear th great cost of such duall cation the communication was filed and present giove referred the mat ter to a special committee consisting pt senators dennion williams and hoi langa worth respectively abo chairmen of the education appropriations and public institutions the joint committee appointed in a controversy as to courses of study to be followed in the agricultural college and university met immediately after adjournment the honeo members being mccrea joseph and joerren jU erren senator was elected chairman and representative mccrea was elected secretary the matter waa discussed for some time and other meet again today ry J B carver of pros church and joseph dillrie fred lafoy and bupt supt frank M draggs of ogden were visitors r it Is harry jobah will hold two sessions cessions ces daily hereafter ona in the senate and one with alie house he was in the senate chamber for an hour hunting down the member ot tha hayg and means corn fulch had killed hia bill no 9 mr josaph dies hard and lie finally secured a concession to have the report until he can appear before it to talk hla visit was prolonged till alie baat minute before too session commenced and while he was there ho was lively donator jeaa produced a new reason why tha legislature should not go to los angeles it is that tha tracks are untested iio proposes to let dead freight bo tha teat of the rails and feels t a needless risk to the three precious democrats to have them run over the line in ad ot tho general traffic A new fisli and game law is jooa to issue from the committee senator barber la patting the finishing touches to the measure before introducing it IN THE HOUSE the major part ot afternoons session of the house was taken up with A atlon that at times threatened to lead to worse things over tho of the committee on railroads and common carriers on II 11 B no 55 by thompson eight members ot the committee presented a majority report recommending that the bill be not passed thompson presented a minority report in favor of the bill and in his speech bitterly arraigned the speaker and members of the committee but later refracted aad after d discussion lasting the greater part of to hours the house adjourned according to an agreement with the railroad committee thompson said that he was to speak on his report and if this was not adopted the bill should not be called from the table in part thompson said the report of ilip majority of this committee places the eight members signing it and the speaker under a cloud 1 I believe that eight members of this committee and the speaker have been against this bill on account of the action of professional hobbyists lobbyists one leading member of the lobby foamed before the appointment of thia committee and formed for the purpose of defeating legislative proceedings cam 0 o me and told me that he had requested the speaker that I 1 be made a member of alie committed on railroads lail roads and that he expected I 1 would help him in what he wanted now 1 dont kno whether the speaker placed me on the committee on that account or because of his own judgment or because I 1 had applied to him for a place on the committee but I 1 prefer to believe the judgment of the speaker as used in making this appointment 1 say I 1 prefer to believe it but from the majority report of this committee made oday I 1 do not know what to be it looks as though this committee had been selected with great care by the railroads 1 I say this in vindication bt my minority report thompson continued his attack on lla fora twenty minutes aej then started to speak on the merits of the bill but was called by who said that the speaker had overstepped over stepped his time mccrea said that lie would yield his time to the speaker but the chair bulled him out of order saying that as thompson had opened the discussion mccrea had no time to yield kinney moved to give thompson ten minutes additional and this was granted with a unanimous roar of approval as the house had been wakened rom its lethargy and was anxious for more thompson bald 1 I will cite one particular case in support ot this bill ot mine making railroads liable for the killing of stock on november 19 1904 W J bobbins was notified by a local road that a heifer belonging to him had been killed he notified the road and was sent claim blanks he filled out later he was notified that there was no justice in his claim aad that it would not be allowed Is that justice my law remedies this ettelt 1 I know that the answer of the road to this claim is the answer to hundreds ot others unless the man in question is a heavy stock ralser or some one whose influence can be felt the only claim I 1 ever heard of being paid was to sam a big cattle man the poor people dont get the money 1 I know that there was a proposition made on the floor of ahli house to open up and pay some old claims it this law would be dropped and somo people were so unduly influenced by these railroads that they have forgotten tor what they were elected joseph jumped to his feet and shouted do you make that as a charge 1 1 that the rights of the people are not being protected here roberts chairman ot the railroad committee rose to a point of personal privilege and said have you mr thompson ever received any passes from ane railroads 1 I have was the prompt reply have you at present any passes in your possession 1 I lave speaker hull called representative to the chair aej took the floor roberts scored thompson severely and declared that he had impugned the motives of the speaker and the committee thompson rose to a of question of personal privilege and said 1 I deny that I 1 have impugned the motives of any man in this house jt what I 1 have eald lias been ga taken it Is a mistake and I 1 did not mean it in that manner roberta tried again to get the floor but was brought up sharply by temporary speaker mccrea who recognized hull sir hull said mr speaker I 1 rise to a question of personal privilege I 1 am glad that the gentleman from millard has made the apology he has and I 1 want to say sir that ho certainly did impugn the motives of the speaker in the most insulting language and said that we had been pulled from the path ot duty by hobbyists lobbyists want to say sir that no man hai approached me on the floor or outside the house of house bill no 63 and I 1 did not not even know the of the bill until this discussion arose no man ever approached me to aak the appointment of any one the gentleman from certainly did ask for tha appointment on the railroad perhaps I 1 should have asked him if he bad an ull eilor motive it la taluy to attack corporations on the floor of the house and is usually a play to the gallery I 1 yield the floor to others roberts kuchler and thompson all clamored for mccrea said that as an apology bad been made he ruled any further remarks out of order kuchler attempted to obtain recognition but was ruled out of order and he appealed from the speakers ruling but was not sustained there was a strong discussion on the merits of the minority report but when the vote was taken thompson was the only one voting tor hia report the bill is as follows H B no 63 by thompson section I 1 that section of the revised statutes of utah 1898 be and me same Is hereby amended so as as read as follows section liability for stock killed or injured every railroad company and every person operating any steam or electric railroad shall be liable for all damages sustained by the owner of any livestock running upon any public common or range or in any field or lawfully upon any highway crossing a railroad which livestock shall be negligently killed or injured by any railway car or engine rua or operated upon any such railway and wherever the railway track is not fenced and alie provisions of sections and aad 68 of the revised statutes of utah are not compiled with by suan railway company or person this is the offending section the fact of killing or injury shall be prima facie evidence of negligence and in every such case the cause of action is assignable and an action may be by the as signee in all respects the same anil subject to the rame defenses as by the person owning such livestock at the time of the injury joseph made his dally request for a report of the committee on bounty haubs mccrea replied thaia the committee was waiting on the auditor but that pending this the committee had taken steps to communicate with other states and get a uniform bounty law governor cutler senac a message to the legislature that as there wa a duplication in the studies of the U of U and the agricultural college he recommended that a committee be sp pointed to inquire into the matter aid to do away with this A motion made to file the message and appoint a committee mccrea moved by referring the message to a committee of three fron the committee on education kanne moved to amend the amendment by th appointment of a committee compose of two members of the committee on ways and beani and one from the mines and mining committee mccrea defended his amendment by saying that the ways and mans committee would eventually have the consideration of the matter mccrea moved to table the motion and leave the matter to tho speaker this was adopted and alie speaker named mccrea derrll and joseph |
