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NOTE: You may notice textual errors throughout this document, many of which have been left intact from the original text. Should you want to investigate the integrity of the original report, please refer to the original two printed volumes containing the official report of the proceedings and debates.

Mr. KEARNS. Mr. President, I ask that Mr. Keith be excused, he was called away to San Francisco.

The PRESIDENT. The gentleman will be excused.

The roll was called showing a quorum present.

Prayer was offered by Reverend James F. Beates of the Lutheran Church.

The secretary read the minutes of the previous day's session, which, after being corrected, were approved.

Engrossing and enrolling clerk, Joseph A. Smith, was sworn in by the president.

The PRESIDENT. Gentlemen of the Convention, I have my list of committees. They are not as satisfactory to myself as I would like.

The secretary then read the list as follows:

STANDING COMMITTEES.

COMMITTEE 1_RULES AND METHODS OF PROCEDURE._5.
John Henry Smith, Chairman.
C. S. Varian,        
W. H. Gibbs,
Charles H. Hart,     
David Evans.

COMMITTEE 2_FEDERAL RELATIONS._7.
J. D. Page,    
L. L. Coray,
James D. Murdock,
Mons Peterson,
Henry Hughes,    
John S. Boyer,
William Buys.

COMMITTEE 3_PREAMBLE AND DECLARATION OF RIGHTS._11.
Heber M. Wells,    
Joel Ricks,

COMMITTEE 4_LEGISLATIVE._15.
W. G. Van Horne,
R. G. Lambert,
Frank Pierce,
George B. Squires,
J. N. Kimball,
David Keith,
Lauritz Larsen,
Theo. Brandley,
Lorin Farr,
F. S. Richards,
B. H. Roberts,
W. J. Kerr,
{66}
Charles H. Hart,
Ed. Partridge, Ed. H. Snow.

COMMITTEE 5_JUDICIARY._15.
C. C. Goodwin,
W. G. Van Horne,
Frank Pierce,    
Alma Eldredge,
G. P. Miller,    
J. A. Hyde,
Elias Morris,    
C. W. Symons,
Noble Warrum, Jr.,
Aquila Nebeker,
Thomas Maloney,
David Evans,
S. R. Thurman,    
Joseph R. Murdock,
S. H. Hill.

COMMITTEE 6_EXECUTIVE._15.

COMMITTEE 7_ELECTIONS AND RIGHT OF SUFFRAGE._15.
J. F. Chidester,    
A. S. Anderson,
Jos. E. Robinson,
R. Mackintosh,
P. Christianson,
Robt. McFarland,
Peter Low,    
James D. Murdock,
Chester Call,    
Andreas Engberg,
Fred J. Kiesel,    
A. H. Raleigh,
William Howard,
F. A. Hammond,
S. R. Thurman.

COMMITTEE 8_APPORTIONMENT AND BOUNDARIES._26.
Alma Eldredge,    
Joseph R. Murdock,
Charles Crane,    
Wm H. Maughan,
John R. Barnes,
Jasper Robertson,
John F. Chidester,
Mons Peterson,
R. W. Heyborne,
John R. Murdock,
J. A. Hyde,    

COMMITTEE 9_EDUCATION AND SCHOOL LANDS._11.
Frank Pierce,    
H. M. Wells,
A. C. Lund,    
C. N. Strevell,
John R. Bowdle,
Elias Morris,
Karl G. Maeser,    
T. B. Lewis,
A. J. Evans,    
E. H. Snow,
W. J. Kerr.

COMMITTEE 10_PUBLIC BUILDINGS AND STATE INSTITUTIONS._11.
Elias Morris,    
H. F. Shurtliff,
Daniel Thompson,
A. J. Cushing,
George Ryan,    
James C. Peterson,
J. E. Thorne,    
J. P. Low,
H. H. Spencer,    
E. E. Corfman,
William Creer.

COMMITTEE 11_WATER RIGHTS, IRRIGATION, AND AGRICULTURE._15.
John R. Murdock,
L. B. Adams,

COMMITTEE 12_MUNICIPAL CORPORATIONS._9.
D. C. Eichnor,    
A. J. Cushing,
J. N. Kimball,    
J. D. Page,
John F. Bowdle,
A. H. Raleigh,
Lorin Farr,    
Geo. Cunningham,
Noble Warrum, Jr.

COMMITTEE 13_CORPORATIONS OTHER THAN MUNICIPAL._15.
W. F. James,    
G. M. Cannon,
William Driver,    
D. S. Stover,
David Keith,    
G. P. Miller,
J. L. Jolley,    
R. A. Allen,
C. H. Hart,    
Aquila Nebeker,
Thomas Maloney,
Fred J. Kiesel,
S. R. Thurman,    
Ed. H. Snow,
William Buys.

COMMITTEE 14_PUBLIC LANDS._7.
L. B. Adams,    
A. S. Anderson,

COMMITTEE 15_REVENUE, TAXATION, AND PUBLIC DEBT._15.
George M. Cannon,
George B. Squires,
{67}
Harry Haynes,    
Jacob Moritz,
C. N. Strevell,    
Robt. McFarland,
James D. Murdock,
Peter Low,
William J. Kerr,    
Chester Call,
A. W. Ivins,    
David Evans,
Abel J. Evans,    
Moses Thatcher,
Hyrum Lemmon.

COMMITTEE 16_SALARIES OF PUBLIC OFFICERS._9.
R. Mackintosh,    
George R. Emery,
T. H. Clark,    
Thomas Kearns,
H. H. Spencer,    
William B. Preston,
John S. Boyer,    
I. C. Thoreson.

COMMITTEE 17_MINES AND MINING._15.
Thomas Kearns,
W. F. James,
R. Mackintosh,    
Samuel H. Hill,
George B. Squires,
D. B. Stover,
George Ryan,    
James C. Peterson,
W. F. Sharp,    
J. D. Peters,

COMMITTEE 18_LABOR AND ARBITRATION._7.
C. N. Strevell,
D. C. Eichnor,
Jacob Moritz,    
Lauritz Larsen,
Ed. Partridge,    
Andreas Engberg,
J. D. Peters.

COMMITTEE 19_PRINTING._3.
R. G. Lambert,    
John R. Bowdle,
Charles H. Hart.

COMMITTEE 20_MILITIA._5.
George Ryan,    
C. W. Symons,
D. B. Stover,    
Jasper Robertson,
Edward Partridge.

COMMITTEE 21_MANUFACTURES AND COMMERCE._7.
J. A. Hyde,    
Jacob Moritz,
P. Christianson,    
William Driver,
Fred J. Kiesel,    
Andrew Kimball,
Joseph Thorne.

COMMITTEE 22_ORDINANCE._7.
R. W. Heyborne,
J. F. Chidester,
D. C. Eichnor,    
H. G. Button,
F. S. Richards,    
Moses Thatcher,
William Buys.

COMMITTEE 24 _ACCOUNTS AND EXPENSES._3.
A. C. Lund,    
A. J. Cushing,
John R. Barnes.

COMMITTEE 25_ENGROSSMENT AND ENROLLMENT._5.
Mons Peterson,    
Heber M. Wells,
Theo. Brandley,
William Low,
William J. Kerr.

COMMITTEE 26_COMPILATION AND ARRANGEMENT._5.
Charles Crane,    
C. C. Goodwin,
R. G. Lambert,    
O. F. Whitney,
Moses Thatcher.

Mr. GOODWIN. Mr. President, in what I am going to say I hope the President will not think for one moment that I lack appreciation of the very high honor he has conferred upon me in making me chairman of the judiciary committee, but in my little experience, I have never seen people reach places which they did not deserve and have any comfort in them; and then there is a principle of justice connected with this matter.

While I earned all my legal titles honestly, it is more than twenty years since I engaged in the legal profession and all around me on both sides of the house are eminent attorneys who have devoted their whole lives to that business.

I have no doubt but what if I should hold the place assigned that all the attorneys on the committee would treat me with due consideration and with perfect kindness, but it would only be natural if in their hearts they felt an injustice had been done; perhaps not to {68 - PLACE OF MEETING} them individually, but to their profession.

Mr. MALONEY. Mr. President, we all know that the gentleman has earned the legal titles which he bears, and having been a long time a lawyer of high standing, he is eminently fitted for the chairmanship of the committee of which he is the head. And I think he is perfectly capable to serve in the capacity for which he has been named.

Mr. GOODWIN. You will readily see, Mr. President, that no gentleman on that committee would make an objection, not through any particular fear of consequences.

I might look like perfection, but for instance, if there were a committee on journalism to be appointed and if appointed to the chairmanship of that committee should be some gentleman who had been a journalist twenty years ago, but who ever since had been engaged in ranching and mining or something else and there happened to be a journalist on that committee he would think a mistake had been made.

Mr. RICKS. I move that it be the sense of this Convention that the Judge stay as chairman of that committee.

Seconded.

Mr. ELDREDGE. Mr. President, I would be pleased as a member to vote to sustain Judge Goodwin as chairman of that committee, but inasmuch as he has expressed himself in the way that he has, I am somewhat in favor of allowing a man to enjoy his own wishes in regard to a position before he serves in that capacity.

Mr. BUTTON. Mr. President, I move as an amendment that it be left with the president and with Judge Goodwin to decide the matter.

Seconded.

Mr. PIERCE. Mr. President, I arise to a point of order; I believe all these motions are out of order. It is a rule of all legislative bodies or at least of this legislative body that the president has the right to arrange his own committees. If Judge Goodwin and the president can agree upon allowing him to remain or not to remain, it is a matter between the two gentlemen and I do not think it is a matter that the Convention ought to take any cognizance of at all, and I think the motions are entirely out of order. I therefore raise the point of order.

The PRESIDENT. I sustain the point of order. I will say that the first named on these lists are chairmen of the committees,

The committee on site and furniture then presented the following report:

To the President and Members of the Constitutional Convention:

Your committee on site and furniture most respectfully beg to submit the same report as yesterday, as we are unable to find anything more suitable.

Mr. EVANS (Weber). Mr. President, are there two reports there?

The PRESIDENT. They seem to be combined.

Mr. EVANS (Weber). I move, Mr. President, that we adopt the report of the committee on site.

Seconded.

Mr. BUTTON. Mr. President, I want to ask a question before that is put. I want to ask if that motion carries with it the hiring of Mr. Scott, the janitor of this building, to take care of the room?

Mr. EVANS (Weber). As I understand it, Mr. President, it simply settles the question as to where we will hold this Convention_that is, that we will hold it in this room.

Mr. VAN HORNE. Mr. President, I move as an amendment that so much {69 - ORGANIZATION} of that report as refers to the engaging of the janitor be stricken out and that the rest be adopted.

Seconded.

Mr. ROBERTS. Mr. President, I certainly would raise an objection to the striking out of that part of the report relating to the janitor of the county part of this building. The county court, as I understand it, has generously proffered the use of this hall, practically free of rental, and for this Convention now to push aside the county janitor, it seems to me, sirs, is a piece of ingratitude that I sincerely hope will not be resorted to by the gentlemen of this Convention. I, of course, don't know anything about the caucus arrangements_whether there is a man for this particular place or not arranged for, but I do certainly object, sirs, to this narrow piece of business of rejecting the county janitor when the county has tendered the use of this hall to the Convention.

Mr. SQUIRES. Mr. President, I want to call the attention of the Convention to a fact in relation to this matter. This question goes not only to the janitorship of this hall, but to twenty-six other rooms, more or less in this building. The keys of those rooms are in the custody of the janitor of the county court; the county court in its wisdom did not consider that it would be good policy to turn the keys of so many rooms over to an outsider.

The county court would undoubtedly want those rooms secured after this Convention has adjourned, and if the keys have been left indiscriminately where duplicates can be made, there would be no safety in one of those rooms after this Convention has adjourned, and as a matter of

safety for the county court who naturally have the custody of this building, I should object to this amendment and I believe that we should adopt the entire recommendation of the county court.

Mr. SNOW. Mr. President, I move as an amendment to the amendment that we accept the report of the committee and adopt their recommendation.

Seconded.

Mr. EICHNOR. Mr. President, I arise for information. If we adopt that report, is that to displace our watchman and janitor that we elected the other day_that is just what I want to know?

The PRESIDENT. The committee may be enabled to answer that question.

Mr. SQUIRES. Mr. President, I should suppose that we needed the services of a watchman and doorkeeper; that I understood to be the motion under which Mr. Johnson was elected, but I found later that he was elected watchman and janitor; certainly one man will not be able to take care of the twenty-six rooms in this building besides this_

Mr. EICHNOR. I inform the gentleman from Davis County, Mr. Roberts, that there is no caucus arrangement as to the janitor. We elected a doorkeeper and janitor in the caucus and that carried.

Mr. EVANS (Weber). What is the politics of the man mentioned in the report_Republican or Democrat?

Mr. EICHNOR. He is a Republican.

Mr. VAN HORNE. My object in making the motion was simply that we had elected a janitor and watchman. If this Convention wants to elect an assistant janitor I have no objection whatever to electing the janitor of the county's part of this building, but it was simply the question of privilege of an officer elected by this Convention_whether we would elect some one else in his place or not.

Mr. MORITZ. Mr. President, if you will allow me, as chairman of this committee, we will take the responsibility and insert “assistant janitor.”

Mr. BUTTON. Mr. President, I am going to support the amendment of Mr. Van Horne's and the reason is if we have got any more jobs for janitors, we {70} have got any amount of men walking the streets that want them and I do not believe in giving a man a job who has already got one.
If we have a job, I want to support a man that hasn't got a job.

Mr. EVANS (Weber.) I desire to support the original motion, that the report of the committee be adopted.

It does seem to me that we ought to be grateful enough to the county court for the generous offer it has made to at least permit the county court to have some officer here paid from the funds that

are appropriated for the expenses of this Convention, to look after that property which it has extended to us without compensation.

It seems to me there can be no objection to this upon the other side of the house, since it is known that that officer who is now in the employ of the county court is of the same political faith as they are.

It will not disarrange any of the arrangements which they have previously made and it will keep them entirely consistent with themselves, and I might remark further that it is about the first time I ever heard of any objection made on the part of these gentlemen to a multiplicity of offices.

(I only speak that jocularly, because I mean no offense.)

It would seem to me that the county did intend when they extended to us this generous offer of this magnificent building to hold our Convention in, that they ought to have some one paid out of the funds appropriated for the expense of this Convention to look after their property.

Gentlemen, let us give it to them. They have made us a generous offer, let us accept it in the same generous feeling in which they have extended it to us.

Mr. VAN HORNE. Would you object then to Mr. Moritz's proposed amendment to the report of the committee and have him known as assistant janitor?

Mr. EVANS (Weber.) As I understand it, it does not displace any officer. Some action would have to be taken in order to displace those officers already selected.

This is creating another officer and I would object to it on general principles, but not in view of the fact that the county court asks it, when it is asking us no compensation at all for the building which we are now holding our Convention in.

Mr. ROBERTS. Mr. President, I would like to ask a question and that is, wasn't the office of doorkeeper and janitor combined in the person that was elected here the other day?

Mr. VAN HORNE. Watchman and janitor.

Mr. ROBERTS. Would it not then be consistent to let that gentleman who was elected to that position spend his time as watchman and the other fellow as janitor of the house?

The PRESIDENT. Gentlemen, Mr. Evans made a motion to adopt this report.

Mr. Van Horne moved to amend by striking out that portion referring to the janitor.

Mr. SNOW. I didn't understand the scope of Mr. Evans' motion. I see it has the same scope as mine, so, with the consent of my second I will withdraw it.

Mr. FARR. Mr. President, does this report contain the recommendation that forty new desks be made?

The PRESIDENT. No, sir.

Mr. FARR. Mr. President, if it does I object to spending the money. [Laughter.]

Mr. RICKS. Mr. President, I want to ask a question. Does this motion contemplate this janitor employing all of his time in behalf of this Convention, or does he have charge of the rest of the building?
{71}
If so, he ought to be paid proportionately.

[Calls for the question].

The motion to adopt the report of the committee was then carried.

The secretary then read another report from the committee on site and furniture as follows:

To the President and Members of the Constitutional Convention:

Gentlemen:

Your committee on furniture most respectfully beg to report that we are unable to find suitable desks for the use of this Convention, but we can obtain thirty-six from the secretary of the Territory gratis, and also thirty more at a reasonable rental. The balance, forty-one, we can get made for the sum of six dollars each and ready for use by Tuesday, March 12.

Respectfully,

MORITZ, of Salt Lake.

Chairman.

The secretary then read the following:

Salt Lake City, Utah, March 7, 1895.

To the Chairman of Committee on Sites and Furniture:

Sir:

I will make you an all redwood desk, two feet square, with inclined top, including drawer, 22 inches square, locked with a suitable mortised lock, and give the same one coat of oil, also deliver the same in Salt Lake City, at the ratio of sixteen to one a day from the time of order for the same, five dollars each.

Reference, Morrison, Merrill & Co.

Respectfully,

RICHARD STUART,

Telephone No. 501.

Mr. SQUIRES. Mr. President, in a conversation with Mr. Moritz yesterday, he assured me that figures had been made as to the possibility of seating 107 men with desks in this room.

I wish he would state to the Convention the result of the examination on that subject.

Mr. MORITZ. Mr. President, and gentlemen, I didn't make the measurement myself, but I got it from the governor of this Territory, that the governor and the secretary had employed competent gentlemen, who understood their business. They have measured this room and state that 107 desks in here wouldn't give us as much space to walk in as we have now with these tables.

Mr. SQUIRES. In view of that fact, Mr. President, I move that instead of securing any desks, we use the furniture which we now have in this room.

Seconded.

Mr. CANNON. Mr. President, I would like to ask whether it is possible to have drawers made in the desks that we now have and whether that would be permissible or if it would be objected to by the county court?

Mr. SQUIRES. Mr. President, the committee can confer with the county court and find out whether they object to our improving their furniture by putting drawers in. I don't believe they would.

Mr. BUTTON. Mr. President, if the Convention desire, there can be made something that will set on these tables with drawers in right on the top, that will not mar the furniture in any way, shape or manner, and contain drawers enough for all the members.

Mr. ROBERTS. Besides we could hide behind them.

Mr. MORRIS. Mr. President, in view of accepting the furniture as it is, would it not be wise to get the desks that the secretary has? It would cost nothing and have them in the ante-room or committee rooms so that we could keep under lock our papers and books.
{72}
Mr. MORITZ. Mr. President, I would state for the information of the gentleman who has just spoken that the county court will furnish us with enough desks of their own and give each of the committees at least two drawers to lock their papers in. I believe the sergeant-at-arms has already

arranged for those desks for the committees.

The PRESIDENT. Mr. Squires moved that we retain the furniture that we now have.

The question is now on that motion.

Carried.

Mr. Evans of Weber offered the following:

Resolved, that in the selection of seats for delegates all members of the age of sixty years and upwards be first permitted to take their choice of seats, after which the seats of the remaining members shall be ascertained by placing on a slip of paper the names of such members in a box and thoroughly mixed, and separately drawing therefrom by the chief clerk, and when called by such clerk, the member, whose name is thus called, may select his seat, and that such method be continued until all the delegates are seated.

Mr. THURMAN. Mr. President, I have no serious objection to that resolution. I would prefer, however, to strike out the number “sixty,” and insert “forty-three.”

Mr. CREER. Mr. President, I move to amend that resolution by inserting that we draw our seats by counties, after thus selecting them by those who are over sixty years of age.

Mr. EICHNOR. I second the amendment.

Mr. CORAY. Mr. President, I will offer an amendment to that amendment that we first seat the country members and then the Salt Lake delegation get their seats afterwards.

Mr. SQUIRES. Mr. President, that will be practically the effect of the motion, as Salt Lake is pretty low down on the list.

Mr. EVANS (Weber). I am not at all captious about that amendment, but my idea, I would say, in offering the resolution as it was drawn, was to thoroughly mix up the city and country members and also the Democrats and Republicans, that we might be mixed up and consult with each other and perhaps a more harmonious feeling might result from it.

If we get to concentration as counties or as Democrats or as Republicans, the tendency might be to precipitate a political feeling which I hope will be kept down during our deliberations.

Mr. MORITZ. Mr. President, I move to amend, that we all keep our seats as we now occupy them.

Mr. GOODWIN. Mr. President, I arise for information; suppose these seats are decided upon to- day, how will any one distinguish his seat when he comes here to-morrow? There are no numbers on them. The tables are not designated.

Mr. GOODWIN. There are a great many here that will never make their mark. [Laughter.]

Mr. LOW (Cache.) Mr. President, did the second amendment receive a second?

The PRESIDENT. No; Mr. Coray's amendment did not receive a second.

Mr. LOW (Cache.) Mr. President, I have an amendment to the amendment, that they be called off by counties and that the members thereof select their seats as the counties are drawn.

Seconded.

Mr. BUTTON. Mr. President, I move to lay the motion and all amendments on the table.
I haven't been here to any meeting yet, that I haven't got a chair and haven't crowded a man over sixty years out of a chair yet.

When we come in here I believe the gentlemen on the other side are afraid {73} we will get out by ourselves and there will be some feeling. Now we are all mixed up just as much as we could be by drawing.

I move as a substitute to lay the motion and all amendments on the table.

Mr. KIESEL. I second the motion.

Mr. RICHARDS. Mr. President, I realize this is not debatable, but I would like to enter a protest if I may be permitted; I think the members of this Convention ought to be permitted to have the satisfaction of knowing that they will have a seat somewhere on the floor, and I for one would like to know where my seat is. I am not so particular about the location of it, but I should
like to realize that when I come into this chamber I may find a seat unoccupied and the same seat each day. I think that is reasonable.

Mr. EVANS (Weber.) Mr. President, I hope Mr. Button's motion will not carry.

It seems to me that we would create confusion during the entire course of our deliberation. It seems to me we ought to know where our seats are when we come to this hall.

Mr. BUTTON. Mr. President, this motion is not debatable, this is not a convention of lotteries, it is a Constitutional Convention.

Mr. Button's motion was rejected.

Mr. VAN HORNE. I move as a substitute that we occupy permanently the seats we now occupy.

Mr. RICHARDS. I arise, Mr. President, to a point of order. This is an amendment to the

amendment and the gentlemen's suggestion is out of order.

The PRESIDENT. It is out of order.

Mr. CANNON. Mr. President, and gentlemen of the Convention, I favor the original motion for the reason that I believe as stated by the mover thereof a better feeling will prevail if the members will take their seats without regard to county or political party.

I believe that it will be more satisfactory all around and for that reason I favor the original motion as put by Mr. Evans.

Mr. EVANS (Weber.) Mr. President, I would like to know just what we are voting on. I am free to admit I do not exactly understand the question that is before the house.

The PRESIDENT. Mr. Evans moved to adopt the resolution by which men over sixty years of age were to have their choice of seats and afterward for the rest of the gentlemen to draw their seats.

Mr. Creer moved to amend that they should draw seats by counties. Mr. Low moved to amend by providing that the roll be called by counties and that the members thereof select their seats as the counties are called.

Mr. EVANS (Weber). I arise to a point of order on that. There is no difference between the two motions.

Mr. LOW (Cache). Mr. President, I may be allowed to explain that the last amendment does not make any provision for gentlemen of any age, but contemplates all the members from the various counties,

The amendment of Mr. Low was rejected.

Mr. FARR. Mr. President, I voted a little while ago on the motion that all the other motions be dropped, he called the question on the motion; I supposed that was the motion. That is for every one to keep their seats that they have got now. They have got them about as they want them, and he made a motion that all others should be dropped and that was seconded, and that every one should keep their seats; that is what I voted on. Now, I would like to know what we are voting on.

The PRESIDENT. You are now voting upon the motion of Mr. Creer_an amendment to the principal motion.

Mr. VAN HORNE. I move you as an amendment to the amendment that we occupy the seats that we have already chosen.

Seconded.

Mr. IVINS. Mr. President, for information, I would wish to ask, if this motion should prevail, if it is understood that as the list of counties is called the delegates from those counties are to choose their seats, is that the idea?

The PRESIDENT. That they draw by lot, is the understanding I have.

Mr. IVINS. That is what I want to know, whether they draw by lot as to which county selects its seats first_or do they do it by roll call?

Mr. CREER. My understanding, Mr. President, is that each county draw their seats by lot.

The PRESIDENT. Do you mean to exempt all these aged men?

Mr. CREER. Yes, sir.

Mr. RICHARDS. Mr. President, I desire a further explanation of this matter. Does that mean that the names of the counties shall be placed in a box and the ballot drawn for the county and then the members for that county take their seats, or does it mean we are to go through the roll?

The PRESIDENT. Yes, sir; after the elder men are seated.

Mr. RICHARDS. Mr. President, that is, the name of the county is drawn by lot?

Mr. CREER. Yes, sir.

The PRESIDENT. Now, gentlemen, have you got this in your heads? [Laughter.]

Mr. PIERCE. The question on the amendment.

The amendment of Mr. Creer was rejected.

The PRESIDENT. The matter now recurs upon the original motion of Mr. Evans.

Mr. JAMES. I would like to make an inquiry, I would like to ask the gentlemen of sixty years of age in the room if they wish to change their seats from where they are now sitting.

Mr. CREER. They may do as they please.

Mr. JAMES. I would like to give them the privilege of remaining right where they are if they want to stay there.

Now, if this motion shall prevail, I may draw a number and choose a seat on one side of the house and that may be entirely filled up before the other representative from Washington County got a seat at all and he would be over on this side of the house. I am opposed to the motion because of that.

It will scatter these county delegations all over the house where they can have no communication with each other.

The resolution of Mr. Evans of Weber was adopted.

Mr. SQUIRES. Mr. President, I move that we proceed at once to the choice of seats.

Carried.

The members thereupon selected their seats in the manner prescribed.

Mr. Wells offered the following:

Resolved, that the freedom and courtesy of the Convention be extended to the governor and secretary of the Territory, delegate to Congress, and judges of the supreme court, and that the secretary of the Convention be directed to notify them of this action.

The motion of Mr. Varian was agreed to.

Mr. HART. Mr. President, there is a {75} matter I desire to present to the consideration of the Convention. It is of some importance. The committee on standing committees made no report empowering the president to appoint committees. Those committees were all appointed before the adoption of any special rule.

It is a very grave question in my mind whether the president under the present rules of the Convention would have the authority to appoint committees.

The only rules that we have upon the question are Roberts' Rules of Order, and I fail to find anything in there giving the president the power to appoint standing committees, and in order to make the thing clear, Mr. President, I offer this resolution:

That whereas, the appointment of standing committees of this Convention was made before the adoption of special rules giving the president the usual power of appointing standing committees, now, therefore,

Be it resolved, that the president of this Convention is empowered to appoint all the standing committees, and the appointments heretofore made by him are hereby ratified and confirmed.

Mr. SQUIRES. Mr. President, I move that resolution be referred to the committee on rules.

Seconded.

Mr. VARIAN. Mr. President, I will state that the probabilities are that that will be the first rule under the usual precedent, that will be reported by the committee on rules and be a standing rule of the Convention. It is simply encumbering the record with unnecessary resolutions.

Mr. HART. I do not object to sending it to the committee on rules, if there is any question about the propriety of adopting it, but it seems to me that it is a matter that we might as well settle and determine now as any time, and that will cover the ground that is usually covered by the rules on that subject and the rules that will be reported by the committee on rules.

The motion to refer the resolution to the committee on rules was carried.

Mr. HART. Mr. President, as one of the members of the committee on printing, I think it would be well to have some instructions given by this Convention to us in regard to printing matters.

Of course, the minutes, I presume, should be ordered printed at once, and then there is a matter of bids, etc., for the permanent printing, and if there are any suggestions by members of the Convention in regard to this printing matter, I think it would be appropriate to make them so that we may get down to business as soon as possible.

Mr. EICHNOR. Mr. President, what we absolutely need is the report of the committee on rules. I suppose that committee will report as soon as possible; all these matters that have been referred to at the present time will be covered, no doubt, by the rules that this Convention will adopt.

Mr. HART. If there are no objections, Mr. President, I would like to have it understood that the committee on printing may have the minutes of the Convention printed without any further instructions.

The PRESIDENT. If there are no objections, the committee on printing will have the minutes that we have made heretofore printed.

Mr. James offered the following:
Resolved, that the committee on accounts and expenses report to the Convention the amount of the expense including per diem up to the present time, and any other information they may give us on the general expense of the Convention.

Seconded.

Mr. JAMES. I accept the amendment. The resolution was adopted.

Mr. Thurman offered the following:
{76}

Resolved, that the several standing committees of this Convention shall report the work assigned to them as speedily as may be consistent with efficiency and thoroughness and when the same is reported if any part thereof is copied from or modeled after the constitution of any state that it shall be stated in the report, together with the name of the state and the date of the adoption of the constitution or provision thereof.

Mr. EICHNOR. Mr. President, I move as an amendment to refer it to the committee on rules.

Seconded.

Mr. THURMAN. Mr. President, I do not see any reason for referring this to the committee on rules. It is a matter, I think, that does not particularly belong to the committee on rules. The committee on rules are going to have enough work that will legitimately belong to them to keep them about the busiest committee of this Convention. Now, the purpose of this resolution should be patent to every member of this Convention. If the provision reported by any committee as a part of their work is drawn wholly or in part from the constitution of any state, if they will state the name of the state and the date of the constitution from which it is copied in their report, it will enable the members of this Convention who desire to thoroughly investigate the provisions reported to see how that provision of that state constitution has been construed and see what the legal effect of such a provision is as construed by the courts of the land. Now that is all there is to it, and certainly it is not a matter that the committee on rules need to desire to be troubled with. If there is a reason for it, however, I have no pet object in the resolution at all, but I think it is a resolution that ought to be adopted.

Mr. VARIAN. Mr. President, permit me to make this suggestion to the gentleman. It is quite important that the rules of this Convention should be embodied in compact form and printed as they will, so that they will be under the observation and open to the inspection of every member and particularly the committees.

Now, if the Convention in advance of the report of the committee on rules proposes a number of resolutions affecting the rules and the procedure, necessarily, we may become somewhat confused and may forget some of these things.

I haven't the slightest doubt that such a provision as suggested by Mr. Thurman will be incorporated in the standing rules presented to the Convention. I will suggest to him that if that is not done, or any other omission that is patent when the rules are adopted, the defect can be cured by amendment in the same way, but certainly the committee on rules cannot be expected to

remember every resolution that has been adopted by this Convention prior to the action of the committee on rules. I should like Mr. Thurman if you would consent to that.

Mr. THURMAN. You desire it referred?

Mr. VARIAN. Yes, sir; so they will not omit anything and at the same time shall not conflict with any action of the Convention.

Mr. THURMAN. I ask that it be referred to the committee. The motion to refer was agreed to.
Mr. WHITNEY. Mr. President, I move that the committee on printing be authorized and instructed to have printed at once for the use of the members of this Convention a sufficient number of slips containing the names and personnel of all the standing committees.

Seconded.

Mr. PIERCE. Mr. President, I move to amend by putting in that the Enabling Act and the standing committees. That will be a great advantage to us_and have it bound in leaflet {77} form so that the members can carry them.

Mr. WELLS. Mr. President, it seems to me this resolution ought to go to the committee on rules, the same as the other resolutions that have been introduced. If we have the standing committees printed now, then to-morrow we will have the rules printed and they will be in separate pamphlets; I think that little booklet that we will have printed ought to include the rules and the standing committees and they ought to be together in some compact form. I move that it be referred to the committee on rules.

Seconded.

Mr. WHITNEY. I merely wish to say that I have no objection to the disposition of the resolution, provided we can have this data at once to refer to. It is immaterial how we get it.

The motion of Mr. Wells was agreed to.

Mr. VARIAN. Mr. President, I would like to inquire whether we have an authenticated certified copy of the Enabling Act from the governmental department?

The PRESIDENT. We have not, to my knowledge.

Mr. VARIAN. We ought to have the distinct authorized act or a copy thereof here. Mr. President, I move that the secretary of this Convention be instructed to request the secretary of the Territory to procure such an authorized copy. The statute has not been published in book form as I understand it, under the authority of the United States.

Mr. MALONEY. Mr. President, yes, it has.

Mr. ROBERTS. I wish to ask them over of that motion if he contemplates that if the secretary of the Territory does not have such certified copy, that the Convention is to await the reception of one from the secretary of the interior? As I understand we were to apply to the interior department for such.

Mr. VARIAN. Not to wait, but I think as soon as possible, we ought to have it, in case any discrepancies might appear or some question might be made.

Mr. ROBERTS. But that does not delay the action of the Convention?

Mr. VARIAN. No, sir; but within a week we will have it here.

Mr. MALONEY. Mr. President, I wish to say that the Enabling Act is published in the acts of Congress of 1894, and is in the fourth district clerk's office, at Ogden, and I presume there is one here in the third district clerk's office.

Mr. VARIAN. Mr. President, that does not meet the want of this Convention. It is like the charter of a body. We want it here, and there will be no expense attached to it. It is simply a matter of requesting the secretary of the Territory to procure it from the interior department. It ought to be here in the possession of the president.

Mr. Varian's motion was agreed to.

Mr. Thompson, by request, was excused from attending to-morrow's session.

Mr. MORITZ. Mr. President, I move that the sergeant-at-arms be instructed to procure a telephone and place it in the cloak room for the use of the members.

Carried.

Mr. VARIAN. I move we adjourn until Monday next at 2 o'clock.

Mr. EVANS (Weber). Mr. President, I move to amend that motion by fixing the time at 2 o'clock to-morrow afternoon.

Seconded.

Mr. MORITZ. Mr. President, as there {78} is nothing before the house, I move that the committee on sites and furniture be discharged.

The PRESIDENT. There is the question of fixing the time for adjournment before the house.

Mr. EVANS (Weber). Mr. President, I believe the committee on rules will be ready to report at 2 o'clock to-morrow. If so, that report can be disposed of and we will save one day.

The PRESIDENT. I doubt their ability to do it.

Mr. EVANS (Weber). I appreciate the fact that we cannot be here very long without exhausting the appropriation and I believe we ought to work every day in the week, Sundays excepted. As a member of that committee on rules, I am willing to go to work on that and I believe we can report at 2 o'clock tomorrow, and then we will be fully organized and ready for work and then the rules may be printed, in the meantime, as suggested to me, and we will have them in the hands of the members by Monday morning.

Mr. BARNES. I move to amend by making the time 12 o'clock to-morrow. That I think will give some of the folks who live north_particularly in Cache Valley_an opportunity of going home.

Mr. VARIAN. If we are going to adjourn until to-morrow, I hope the motion will be to adjourn to 2 o'clock. 12 o'clock is certainly an inconvenient hour to be here and have dinner or lunch, as the case may be, but I want to suggest to the Convention that nothing will be accomplished by simply coining here, sitting down, and going away again. These committees have got to be organized and after their organization there will be some time consumed in preparing work for the Convention in committee of the whole. Some of our friends here say they want to go away over Sunday; naturally I expect that. Why not adjourn right over until Monday, finishing now for the first week, and by next Monday, it is quite probable the Convention will be in working order.

Mr. PIERCE. Is it likely that the committee on rules will be able to report by to-morrow at 2 o'clock?

The PRESIDENT. I think not; I do not think it is possible for them to report before Monday.

Mr. PIERCE. If they are not able to report by 2 o'clock to-morrow, there is no need of our meeting until Monday.

The PRESIDENT. Gentlemen, the question is on the amendment to the amendment to adjourn until to-morrow at 12 o'clock.

Lost.

The PRESIDENT. The question is on the amendment to the original motion to adjourn until 2 o'clock tomorrow.

Lost.

The PRESIDENT. The question recurs on the original motion that we adjourn until next Monday

at 2 o'clock p. m.

Carried.

The Convention then adjourned until next Monday at 2 o'clock p. m.