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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.

{105 - MINUTES}

The roll was called and the members found in attendance as follows:

Adams
Allen
Anderson
Barnes
Bowdle
Boyer
Brandley
Button
Buys
Call
Cannon
Chidester
Christianson
Clark
Coray
Corfman
Crane
Creer
Cunningham
Cushing
Driver
Eichnor
Eldredge
Emery
Engberg
Evans, Weber
Evans, Utah
Farr
Francis
Gibbs
Goodwin
Green
Hammond
Hart
Haynes
Halliday
Heyborne

Prayer was offered by Rev. Clarence T. Brown of the Congregational Church.

The secretary read the journal of the eighth day's session, which was corrected and approved.

Mr. CANNON. Mr. President, I move the name of the church of which the reverend gentleman offering prayer is a member be inserted after his name, and I would like to request that this be done in each case since the opening of the Convention. I find by reference to our minutes of the first day, the name of the gentleman who offered prayer and also the church with which he is associated was given, and I think this should be done in each case, the object of the mover of the motion having been to show to the public that a freedom of religious sentiment prevailed in the Convention.

Carried.

Mr. EVANS (Weber). Mr. President, there is one question that has been raised here that I think is proper to consider about these minutes and that is the number of days.

The minutes as we have them in our hand, say the sixth day.

We are of opinion, some of us, that the days should be numbered, Sundays included, from the day we began; that is the way it is in legislative sessions, and I think It is intended to be the same in this Convention.

Mr. ANDERSON. It should be the eighth.

Mr. EVANS (Weber). Mr. President, I move that it be corrected to the eighth day.

Mr. BARNES. It should be the ninth day.

Mr. EVANS (Weber), These are yesterday's minutes.

Mr. BARNES. Yesterday should be the eighth day.

Mr. KIMBALL (Weber). Mr. President, in order to relieve the gentleman's mind, I move now that we only count secular days. I think that will relieve that gentleman's mind.

The PRESIDENT. The chair would like further light upon this matter.

Mr. EVANS (Weber). Mr. President, as I understand, we have the right as members of this Convention to claim our per diem for every day we are here after the beginning of this Convention. Members have to stay here on Sundays, some of them who live out a long distance at least, and they are entitled to their compensation. The law allows it to us and I see no reason why we should not have it.

Mr. JAMES. Mr. President, to expedite this matter, I move that the suggestion of Mr. Evans be referred to the committee on accounts and expenses and that they report to this Convention.

Mr. EVANS (Weber). Mr. President, I move that the journal be corrected so as to make it read the eighth day. I think the motion is out of order.

Mr. JAMES. Mr. President, I move to amend and to refer the matter to committee on accounts and expenses.

Mr. ROBERTS. Mr. President, is the question open for remarks?

The PRESIDENT. The question is on the motion of Mr. Evans. The question is open for remarks.

Mr. ROBERTS. Mr. President, I hope that motion will not carry. While I am quite willing that members should be paid for every day that they are here in attendanee upon this Convention, whether the Convention meets or not, still I wouldn't be in favor of numbering the days of our session otherwise than by the actual number of days that the Convention is in session, because I apprehend it would be misleading to call it the eighth day, when there is nothing to show that we

are in session on the seventh day, and while I would be willing to have the members have their compensation, I wouldn't like to see the proceedings of the days numbered other than by the days we were actually in session.

Mr. PIERCE. Mr. President, I, am in favor of Mr. Evans' motion. As far as my experience and knowledge goes, in all legislative bodies_for instance, take in a state where they say the legislature shall continue for ninety days, they include the first day they sit and every day after that, holidays and everything, it is limited by the time the sun rises and the sun sets, and this is simply not for the purpose of determining the compensations, but for the purpose of determining the number of days we are in session, or the number of days of the session, and I think it eminently proper that Mr. Evans' motion should pass.

Mr. SQUIRES. Mr. President, do I understand Mr. Evans to desire to amend the minutes relating to the eighth day only, or to other days?

Mr. EVANS (Weber). The other days are all right. We adjourned over Saturday.

Mr. HILL. Mr. President, I believe it is usual in all legislative bodies to count from the day we begin until the close_each and every day consecutively.

Mr. EVANS (Weber). Mr. President, I desire to make this further remark, as I am the mover of the motion, that {107} if Brother Roberts' suggestion be adopted, we would have difficulty about getting our compensation. Our records will show one thing and our claims for compensation will show another, and as the gentleman from Salt Lake has properly remarked, we commenced on a certain day and continue until we close, and we count from the day after we are in session.
The other journals of constitutional conventions are counted this way, and all legislative bodies do it. It seems to me that we ought not to depart from the rule in this case.

Mr. JAMES. Mr. President, I still insist upon the motion being referred to the committee on accounts and expenses. I do not see why a matter that is so important as this should be settled without an opportunity for investigation. This Convention will cost between six and seven hundred dollars_

The PRESIDENT. Is there any second to the gentleman's motion?

Mr. JAMES._for every day that we are in session and unless we take care of this six or seven hundred dollars for the days we are not in session I am of the opinion that we will create a great deal more expense than we did when we hired the stenographer yesterday and took up an hour and a half of time.

The PRESIDENT. There is no second.

Mr. CREER. Mr. President, unless we have a committee to change the universal rule, I would be opposed to this motion. I think there is no such committee.

Mr. VARIAN. Mr. President, I understood the motion ,to commit was made.

The PRESIDENT. There was no second to it.

Mr. VARIAN. Well, renew it; I
make the motion to commit to the committee on accounts and expenses.

Mr. JAMES. Yes, sir; on accounts and expenses, I second it.

Mr. HILL. Mr. President, I cannot see what business that committee has with this question that is before the house. It is the keeping of the records straight. Yesterday was the eighth day since we commenced.

Mr. THURMAN. That is right; it has nothing to do with the money.

The PRESIDENT. The question now turns on reference to this committee.

Mr. VARIAN. Mr. President, I made the motion because I thought perhaps you might be under some misapprehension concerning it and it might be improperly decided.

The PRESIDENT. I think there can be no misapprehension from the fact that has been the rule in the Convention as far as the chair can remember.

Mr. VARIAN. From the remarks of members I thought there might be some misapprehension among ourselves. I didn't speak of the chair.

Mr. FARR. Mr. President, I hope that the motion will prevail, I have spent considerable time_     
Mr. VARIAN. I yield to Mr. Farr. Mr. FARR _and I move that we sustain it.

Mr. VARIAN. Mr. President, I am quite clear on it myself. From the remarks of some of the gentlemen I thought it might be decided hastily and without thought. There is nothing to prevent it being considered by the Convention, instead of by the committee.

Mr. THURMAN. Mr. President, I would like to ask the gentleman from Salt Lake what he understands the rule to be.

Mr. VARIAN. I understand the rule to be as stated by Mr. Evans and Mr. Pierce.

The PRESIDENT. The question is on the amendment to refer the matter to the committee on accounts and expenses.
{108 - COMMITTEES}

The PRESIDENT. The question recurs upon the motion of Mr. Evans.

Carried.

Mr. KIMBALL (Weber.) Mr. President, there is some question about the rule of printing here, I don't remember what the rules are, but I now move you that whenever any proposition comes before the house and is referred to the committee that it be referred to the committee on printing so that the members can have each morning the propositions that are submitted to the Convention before them in the minutes, so I move you that after a proposition is introduced and read the first and second times by the title, that it goes to the committee on printing.

The PRESIDENT. The gentleman is out of order. The order of business now calls for presentation of petitions and memorials.

Mr. KIMBALL (Weber). Under the ruling of the chair, I would like to know when I would be in order.

The PRESIDENT. Well, under motions and resolutions.

Mr. KIMBALL ( Weber). I think, if the chair will pardon me, I am in order right now, whenever anything is introduced here that it go to the committee on printing. I don't think that is out of order.

Mr. STREVELL. Mr. President, if it is in order, I would like to ask the privilege of the floor for two members of the Idaho legislature, who are with us to-day, Mr. Crane and Mr. McCarthy.

The privilege was granted by a unanimous vote.

REPORTS OF STANDING COMMITTEES.

Mr. Low of Cache presented the following report which was read by the secretary:

Constitutional Convention,

Committee Room No. 10.

Salt Lake City, Utah, March 12, 1895.

MR. PRESIDENT:

Your committee No. 10 beg leave to report an apparent conflict in the resolution for standing committees, and your appointment of the same.

The report of the special committee recommended that the Convention have certain standing committees and designated the 10th as public buildings and state institutions not educational. While your report appointed eleven members as the committee on public buildings and state institutions; and that our duties might be properly prescribed, we refer the question to you for adjustment.

[Signed] ELIAS MORRIS,

Chairman.

The committee ought to state what committee it is. It won't do to say committee number 10 or 12, it carries no significance or knowledge with it when you look at the journal. I make the suggestion that the chairman of the committee reform that report. Let it go on your printed journals and it will be a singular thing that will appear there in that way.

Mr. LOW (Cache). Mr. President, I desire to withdraw it in order to make that correction.

The PRESIDENT. Leave will be granted if there is no objection to the gentleman to withdraw it. Any other reports of committees?

The committee on printing reports as follows:

Constitutional Convention Hall,

March 12th, 1895.

MR. PRESIDENT:

Your committee No. 19 on printing beg leave to report that we have requested and received sealed bids from the publishing houses of Salt Lake City on the printing of 600 pamphlets containing the Enabling Act, names of the members, and of standing committees, and the rules of the Convention, and the Salt Lake Lithographing Company being the lowest bidder, your committee recommend that the printing of said pamphlets be awarded to said company at the rate of $2.16 per page.

Respectfully submitted,

R. G. LAMBERT,

Chairman.

The SECRETARY. Committee No. 19.

Mr. VARIAN. That Is subject to the same objection, [*note*]

The SECRETARY. On printing.

Mr. VARIAN. If there is no objection, I suggest to the chairman of that committee that the clerk be permitted to strike out the number.

Mr. HART. Mr. President, I would suggest that the numbers of the committees should be inserted with the names of the committee; that it would be convenient for reference to standing

committees. It was a rule that was adopted in a number of conventions. I notice Wyoming adopted that provision and they referred to the number of committee as well as its name.

The PRESIDENT. What will you do with the report of the committee?

Mr. PIERCE. Mr. President, I move you that we adopt the report of the committee.

Seconded.

Mr. HILL. Mr. President, I can see no possible need of making No. 19, No. 10, No. 12, and so on there_I think the name of the committee is all that is sufficient. There is only one committee of that character, and that 19 should be stricken out.

The PRESIDENT. You have heard the motion, gentlemen, any remarks?

Mr. RICHARDS. Mr. President; I offer an amendment to the motion, that the words, “Number nineteen” be stricken out_that the report be so amended.

Seconded.

Mr. PIERCE. I understand that the chairman of the committee. had consented to that change; is that so, Mr. Lambert?

Mr. LAMBERT. Yes.

Mr. PIERCE. Let the clerk strike it out, then.

Mr. RICHARDS. Then I will withdraw my motion.

Question on the adoption of the report.

The motion to adopt the report was carried.

Mr. LOW (Cache). This report is now corrected as suggested, and is respectfully submitted.

The PRESIDENT. What will you do, gentlemen, with the report of the committee on public buildings and state institutions?

Mr. SQUIRES. Mr. President, I move that the title of that committee be made to conform to the original report of the committee that reported to us standing committees for the Convention.

Seconded.

Mr. VARIAN. Mr. President, I would like to inquire whether there has been a change in the name?

Mr. VARIAN. I call the attention of the chair to the fact that we are operating under rules now which declare the titles of committees.

Mr. LOW (Cache). Mr. President, the original report of the committee on committees specified that committee number ten should be composed of eleven members and should be “public buildings and state institutions not educational.”

Mr. PIERCE. We have adopted these rules for two days_that is, they will be in force until to- morrow. We have made it a special order upon these rules to-morrow at half-past two. I, therefore, now move you that the report of this committee be made a special order to-morrow at three o'clock, then in debating the rules we can harmonize these little differences.

Seconded.

Mr. VARIAN. Mr. President, we have a special order under which this general subject is to be considered for half-past two; why not let it come up under the {110 - EXPENSES} consideration of the report of the rules committee.

Mr. PIERCE. I consent to change motion to half past two.

Mr. RICHARDS. Mr. President, I move as an amendment of that motion, that the further consideration of this matter be deferred until the adoption of the rules or the consideration of the rules.

Carried.

Mr. EVANS (Weber). I suggest, Mr. President, that only the amendments have been put. The question now recurs on the original motion.

Mr. PIERCE. I think that settles the point. We only want to get it out of the way. That is all.

The PRESIDENT. Gentlemen, the matter recurs on the original motion as amended.

Carried.

The committee on accounts and expenses reported as follows:

Convention Hall, March 12, 1895.

Mr. President and gentlemen of the Convention:

We, your committee on accounts and expenditures, respectfully report as follows:

1. Mileage of members as per schedule herewith submitted, 8607 miles at 20 cents    $1,721.40

2. Per diem of president and members of the Convention                430.00

3. Officers' salaries, per day_

    Secretary, P. T. Christensen                     $6.00

    Assistant secretary, C. S. Rapp                     5.00

    Sergeant-at-arms, R. Clawson                     5.00

    Watchman, Bruce Johnson                     4.00

    Janitor, J. N. Scott                        4.00

    Messenger, L. C. Camp                        4.00 Messenger, J. H. Thorne                    4.00

    Enrolling and Engrossing clerk, J. A. Smith            5.00

    Chief messenger, T. S. Watson                    4.00

    Official stenographer                        30.00        71.00

The total, $501.00 per day, does not not include printing, stationery, nor other incidental expenses.

Expenses including the5th day, Friday, March 8th, 1895_

Mileage                                        $1,721.40

Officers' salaries from and including day when sworn,

except stenographer, whose service commenced with first day                 273.00

Per diem of members                                     2,120.00

    Total,                                        $4,144.40

A. C. LUND, Chairman.

Seconded.    

Mr. SQUIRES. Mr. President, I desire a little information on this report, as to when the salaries of these clerks that are not fixed by law were fixed by this Convention. I don't remember that the salaries of these other clerks and employes have ever been fixed. I refer of course, only to those that are not fixed by law.

Mr. JAMES. That is the reason, Mr. President, I move that the report be received and filed, so that if there should be anything in the report that is not regular it can afterwards be amended.

Carried.

Mr. HILL. Mr. President, I arise for information as to whose business it is to fix these salaries of these officers. I am not informed on the subject.

Mr. HILL. Because this question will come up by those who are officers later on, and it seems to me they ought to have some understanding as to how much they are getting per diem.

Introduction of ordinances and propositions for insertion in the Constitution:

Mr. PIERCE. Mr. President, I move you that the rules be suspended and that all propositions introduced to-day be read the first time by their title unless otherwise called for.

Seconded.

Mr. ROBERTS. Mr. President, I move as an amendment to that motion that they be read by their titles and referred {111 - RESOLUTIONS} to the appropriate committees, without being read at length.

Mr. PIERCE. My motion is to suspend the rules and that they be read the first time by their title. That is the only rule that I want suspended.

Mr. ROBERTS. Mr. President, I would move as an amendment, that on being read by their titles they then be referred to the appropriate committee under the suspension of the rules.

Seconded.

Mr. PIERCE. Mr. President, I am opposed to that amendment.

Mr. ROBERTS. Mr. President, I I take it that the principal thing in introducing resolutions and propositions and ordinances to be inserted in the Constitution, is not to take up the time of this Convention, in wading through what may be offered here, but to get the matter sent to the proper committees and I think that we can determine that upon the title being read and do this business in short order. It is in the interest of economy of time, Mr. President, that I make my suggestion.

Mr. PIERCE. Mr. President, my purpose is exactly what the gentleman from Davis County desires. Our rules require a bill to be read three times before it is put upon its passage, and the rule as it is at the present time requires it to be read the first time at length; the second time by its title and the third time at length. So that we accomplish just what we need, and save time when we suspend the rule that requires us to read it the first time at length.

The PRESIDENT. Mr. Pierce has made a motion to suspend the rules and that they be read by their titles.

Mr. Roberts moves to amend that by providing that we suspend the rules and that they be referred to the appropriate committees, upon the reading by their titles.

Lost.

Carried.

Mr. SQUIRES. Mr. President, I understand that motion to be except when otherwise called for.

Mr. Chidester introduced a proposition for insertion in the Constitution (file No. 11), relative to counties and county seats, which was read a first time by its title.

Mr. THURMAN. Mr. President, I desire to know now what becomes of that document.

Mr. PIERCE. Mr. President, it is now read under the rule a second time by its title and referred to the appropriate committee.

Mr. THURMAN. Mr. President, I move we suspend the rule which requires it to be read a second time, and that it be referred to the committee without. What is the use of reading that the second time by its title is a mystery to me.

Mr. EVANS (Weber). Mr. President, I arise to a point of order on that motion. That is the very motion that has been passed upon and voted down.

The PRESIDENT. To what committee is it designed this should go?

Mr. CHIDESTER. Municipal corporations.

The PRESIDENT. It will go to the committee on municipal corporations.

Mr. Anderson introduced a proposition for insertion in the Constitution (file No. 12) relative to the declaration of rights, which was read a first and second time by its title, and referred to the committee on preamble and declaration of rights.

Mr. EICHNOR. Mr. President, I offer a proposition to provide for pardoning power. (File No. 13.)

The PRESIDENT. What will you do with the resolution?

Mr. EICHNOR. I suggest that it be referred to the executive committee.

The PRESIDENT. It will go to the executive committee without there is objection.

Mr. THURMAN. Mr. President, let us keep our records straight in this {112} matter even if it isn't a very good one, but as the rules now stand these documents are to be read a first and second time by their titles. This is the condition of it. I think it is unnecessary to read it twice by its title before referring it to the committee, but that is what this house voted to do, and now let us either do it or undo what we have done.

Mr. Maloney introduced a proposition for insertion in the Constitution (file No. 14) relating to homesteads and exemptions, which was read a first and second time by its title and referred to the legislative committee.

Mr. Peters introduced a proposition for insertion in the Constitution (file No. 15) relative to labor and arbitration, which was read a first and second time by its title and referred to committee on labor and arbitration.

Mr. Maloney introduced a proposition (file No. 16) relating to insurance companies, which was read a first and second time by its title and referred to committee on corporations other than municipal.

Mr. Page introduced a proposition for insertion in the Constitution (file No. 17) relative to protecting the purity of elections.

Mr. SQUIRES. Mr. President, I call for the reading of it.

Mr. GOODWIN. Mr. President, if it is in order, I move that that be referred to the Utah commission.

Mr. SQUIRES. I call for the reading of that; I want to know what Sanpete has to say on the purity of elections.

The secretary then read said proposition as follows:

Section 1. Any person who shall be guilty of bribery, fraud, or wilful violation of any election laws, or who shall corruptly alter, erase, add to, or in any way change, corruptly, any election returns, shall be forever disqualified from holding any office of trust or profit in this State, and in addition to any penalties provided by law, shall be permanently deprived of the right of suffrage.

Mr. Thoreson introduced a proposition for insertion in the Constitution (file No. 18) relative to public corporations, which was read a first time and second time by its title and referred to committee on municipal corporations.

Mr. Hart introduced a proposition for insertion in the Constitution (file No. 19) relative to distribution of powers in legislative departments, which was read a first and second time by its title and referred to the legislative committee.

Mr. Strevell introduced a proposition for insertion in the Constitution, (file No. 20) regarding the adjustment of difficulties between labor and capital, which was read a first and second time by its

title and referred to the committee on labor and arbitration.

Mr. MALONEY. I would like to have that read.

The secretary read as follows:

In order to facilitate the adjustment of such difficulties as may in future arise between labor and capital in this State, it is hereby made the duty of the first legislative assembly to provide by law for the appointment by the governor, of a board to be known as the board of labor and arbitration, [*note*]

Such board shall consist of three reputable citizens of this State, not more than two of whom shall be of one political party, and shall be so constituted as to fairly represent the interests of both labor and capital. The duties of such board shall be such as the Legislature may prescribe by law, having at all times in view the object of properly adjusting such difficulties as may arise between labor and capital to the end that labor shall not on the one hand be unjustly opposed, and on the other that capital shall be protected in all lawful enterprises in this State.

The terms of office and compensation of such board shall be such as the Legislature may prescribe, conditioned that the term of office of not more than one of its members shall terminate in any one year.

Mr. Gibbs introduced a proposition for insertion in the Constitution (file No. 22) relative to the duties of probate judges, which, on request of Mr. Pierce, was read by the secretary as follows:

The probate courts shall be courts of record and shall have original jurisdiction in all matters of probate and settlement of estates of deceased persons, and appointment of guardians; also jurisdiction to hear and determine all civil cases wherein the death or damage claim does not exceed the sum of five hundred dollars exclusive of interest and concurrent with justice of the peace in criminal cases.

Mr. Chidester introduced a proposition for insertion in the Constitution (file No. 23) relative to amending and revising the Constitution, which was read a first and second time by its title and referred to the committee on schedule and future amendments and miscellaneous.

Mr. Creer introduced a proposition for insertion in the Constitution (file No. 24) relative to public buildings, which was read a first and second time by its title and referred to the committee on public buildings and state institutions.

Mr. Evans (Weber) introduced a proposition for insertion in the Constitution (file No. 25) relative to preventing blacklisting, which was read a first and second time by its title and referred to the committee on corporations other than municipal.

Mr. Evans (Weber) introduced a proposition for insertion in the Constitution (file No. 26)

relative to taxation for public purposes, which was read a first and second time by its title and
referred to the committee on revenue, taxation and public debt.

Mr. Evans (Weber) introduced a proposition for insertion in the Constitution, relative to the apportionment of public moneys, which was read by the secretary as follows:

Resolved, that the following be made a part of the Constitution, to-wit:

No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation, or community, not under the absolute control of the State, nor to any denominational, or sectarian institution or association.

Mr. Maloney introduced a proposition for insertion in the Constitution (file No. 28) relative to benefits of the infirm, sick, dependent poor, which was read a first and second time by its title and referred to the legislative committee.

Mr. Kerr introduced a proposition for insertion in the Constitution (file No. 29) on education, and asked that it be read at length.

Mr. EVANS (Utah). Mr. President, I move that the rules be suspended and that that be referred to the proper committee.

Seconded.

Mr. THURMAN. Move that they all be referred, while you are on your feet.

The motion of Mr. Evans, of Utah County, was carried.

Said proposition was read first and second time by its title and referred to the committee on education.

Mr. Eichnor introduced a proposition for insertion in the Constitution (file No. 30), relative to impeachment, which was read a first and second time by its title and referred to the committee on executive.

Mr. Eichnor introduced a proposition for insertion in the Constitution (file No. 31), relative to providing for the the executive department, which was {114} read a first and second time by its title and referred to the executive committee.

Mr. Eichnor introduced a proposition for insertion in the Constitution (file No. 32), to provide for distribution of powers, which was read first and second time by its title and referred to the committee on legislative.

Mr. Kearns introduced a proposition for insertion in the Constitution (file No. 33), relative to

judiciary, which was read a first and second time by its title and referred to the committee on judiciary.

Mr. VARIAN. Mr. President, there is nothing before the house, I believe; pardon me for making the suggestion, it was called forth by the reading of some of the propositions that have been introduced. I notice that some of them are in the shape of resolution in very general language, not at all as they would likely be put into the Constitution, and I want to call attention to the fact that gentlemen introducing propositions in that way are imposing a great deal of labor on the different committees. If the proposition is considered at all, it will have to be revised and put in different language, and there is a great likelihood of many of them for those reasons being overlooked and not reported. I would suggest that every proposition for insertion in the Constitution be put in just the same shape and language that the mover desires, not by way of resolution, but by article and section.

Mr. Strevell introduced a proposition for insertion in the Constitution (file No. 35), regarding the right to recover damages for injuries resulting in death, which was read a first and second time by its title and referred to the committee on preamble and declaration of rights.

Mr. Thoreson introduced a proposition for insertion in the Constitution (file No. 36), relative to rights of suffrage, elections and qualifications, and oaths of office, which was read a first and second time by its title and referred to the committee on elections and rights of suffrage.

Mr. CANNON. Mr. President, I would like to ask for information, if advantage accrues to the Convention by the introduction of measures by gentlemen who are upon the committee to whom the measure is referred? It strikes me we are taking up the time of the Convention. I have noticed a great many of the propositions introduced to-day by members who are on the committee to whom the proposition is referred.

I do not understand what advantage that is to the Convention or to those engaged in trying to frame the proposition. I do not understand the object of it, unless it is to make a record of an introducer of a great many resolutions and propositions here in this Convention. If that is the object, certainly some of our members are achieving the distinction desired. If there is any advantage to the Convention, and to those engaged in the work, I would like to have it explained.

Mr. EVANS (Weber). Mr. President_

Mr. VARIAN. Mr. President, I am aware that a great portion of these resolutions and bills and papers that have been handed in this afternoon is something that belongs to the legislative department. It is all proper enough to have them read and referred to the appropriate committees, but those committees will see they are most provided for in our legislative departments. If there is anything that is not provided for, they can simply refer to that and qualify the Legislature to provide laws for that. That is all there is of it. While if we were to go to work and make laws and take in all these bills that are read to-day here, it would take a volume of four or five hundred pages; but we don't expect that. We expect the committees will take these things into consideration and if they are not embodied in the Constitution they are simply referred {115} to

them, and confer the authority on the Legislature to look after that business.

Mr. EVANS (Weber). Mr. President, as I had the honor of introducing the first resolution on yesterday I think it is due me that I should reply to the gentleman from Salt Lake, who seems to desire to cast some aspersions upon gentlemen who have introduced propositions.

Mr. CANNON. No.

Mr. EVANS (Weber). And also the reflection that it is not done with a selfish desire to make a record.

The PRESIDENT. The gentleman certainly did not intend to do that, did you?

Mr. CANNON. I could not hear that gentleman's remark.

Mr. EVANS (Weber). I am only beginning. This Convention partakes of the character of a legislature. It has in its sphere the same functions to perform that a legislature has. It is supposed that something will be introduced for committees to work with. It is supposed that suggestions will be made by individuals to have them read to the members of the Convention in order that it may help them in looking up the particular subject matter. I presume the gentleman from Salt Lake knows all these things. He thinks everybody else does, but I am not one of those who believe that any of us does. I would like to have any suggestions about any matter about which I might have anything to do in a committee. It is nothing but a suggestion. It suggests to the minds of the members of the Convention what is in the mind of the particular person introducing the measure. We have proper rules governing this Convention, which are yet in force.

The fourth rule provides:
(Reads.)

The PRESIDENT. I would ask the gentleman what language in the gentleman's remarks was objectionable to you?

Mr. EVANS (Weber.) The gentleman rose for information, as I understood it. He wanted to know the purpose for introducing these things. I am proceeding to explain.

The PRESIDENT. I do not think there was anything objectional in the gentleman's remarks.

Mr. EVANS (Weber.) There was an aspersion, if I may be permitted to speak the word, or reflection upon the gentlemen who have introduced these propositions, because he stated he didn't know the purpose unless it was for the purpose of making a record. I can assure the gentleman from Salt Lake and the members of this Convention, that I had no such intention in the introduction of those propositions which I have introduced. I had simply desired to introduce them for consideration, just the same as a bill would be introduced in the Legislature and that it be referred to the appropriate committee.

Mr. EVANS (Weber). Certainly; I will be pleased to have you.

Mr. CANNON. I rose for information as I stated, and I should be pleased to receive the information now. My question is, is there any advantage to the Convention gained by a member upon a committee introducing a resolution which shall be referred to that committee that wouldn't be gained by that member referring it to the committee himself? I am sincere in asking for that information, and I would like to hear the gentleman's explanation. One resolution which went to our own committee, but that is the only one, and so far as that question alone is concerned, were it not upon the important question which I offered it, I don't think I would have offered it at all. This is a question which is important and one which ought to be determined one way or the other and will be determined by {116} this Convention sometime before we adjourn. At least it will be a question about which there will be honest difference of opinion, I may say in the Convention, and I desire the members of the Convention to reflect upon it.

Mr. CREER. Mr. President, I also, by referring to rule three, see that it is made imperative by that rule, that all propositions should be thus introduced to the Convention. (Reads rule three.) I think that applies to_

Mr. THURMAN. Do you think that makes it imperative?

Mr. CREER. Yes, sir.

The PRESIDENT. There is no question before the house.

Mr. VARIAN. Mr. President, I call for the order of business.

Mr. ANDERSON. Mr. President, if I am in order, I move that the chairmen of the different committees meet together for the purpose of deciding the time and place each committee shall meet, that they have the same placed upon the bulletin board in the hall, so each member will take notice accordingly.

The PRESIDENT. It is not in order.

The introduction of ordinances and propositions for insertion in the Constitution is in order.
Are there any more of them? If not, we will proceed to the unfinished business.
        
Mr. VAN HORNE. Mr. President, I arise to a question of information. I heard a motion and was not able to hear whether it was declared carried or not by the chair that these ordinances and resolutions should be referred to the committee on printing.

The PRESIDENT. It was ruled out of order at that time.
Motions and resolutions.

Mr. THURMAN. I second the motion.

Mr. ROBERTS. Mr. President, I call attention of the Convention to the very inconvenient furniture that is here, unless something of this kind shall be done. At present, of course we don't feel this inconvenience, but when this Convention shall resolve itself into committee of the whole, and the important debate's shall take place, it occurs to me that members will require some convenience for storing their papers and books of record. The Convention will not be in long sessions during this week perhaps, while the committees are shaping matters to be presented to the Convention, and it seems to me, sir, that the time is opportune for this committee or some one else that may be designated to take steps that will furnish members with these conveniences. Therefore, have taken the opportunity of presenting this matter for the consideration of the Convention, and desire most earnestly that some steps be taken to provide the convenience contemplated.

Mr. JAMES. Mr. President, before the motion is put, I would like to have it qualified some little. Let it go to the committee on accounts and expenses and report back what the cost will be, and then adopt it, if we think it is worth the cost.

Mr. ROBERTS. Mr. President, I accept the gentleman's modification with the consent of my second.

Mr. MALONEY. Mr. President, I think the county authorities ought to be consulted on that.

The PRESIDENT. If it goes to this committee they will look after that.

Mr. BARNES. Mr. President, I move that it be referred to the committee on accounts and expenses, and as I understand it, this is the property of Salt Lake County, and will we not have to get permission from some party before anything can be done in that regard?
{117}
The PRESIDENT. The city officers are the men to call upon.

Mr. ROBERTS. Mr. President, I would suggest that the motion contemplates the committee taking steps looking towards the accomplishment of this, which would of course include consultation with the county officers in regard to this furniture. I will further say that as the motion looks to the temporary furnishing, it does not look to the marring of this furniture in any way.

The motion was carried.

Mr. Varian offered the following resolution:

Resolved; that the sergeant-at-arms be instructed under the supervision of the committee on accounts and expenses to procure a suitable clock for the Convention chamber.

Carried,

Mr. Kiesel offered the following resolution.

Resolved, that the mayor of Salt Lake be admitted to the floor of the Convention during its session.

Carried.

Mr. Kiesel offered the following:

Resolved, that the chairmen of committees meet and formulate a schedule for the meeting of committees and have the same printed, thus making an end to the confusion at present existing.

Mr. EVANS (Weber). I second that.

Mr. GOODWIN. If Mr. Kiesel will designate some place and time when the chairmen can meet, it will help matters.

Mr. KIESEL. Mr. President, I would suggest that one of the chairmen would make a motion appointing a time to meet. Of course, I left that out on purpose, because that belongs to the chairmen themselves.

The motion to adopt the resolution was carried.

Mr. Lambert offered the following:

Resolved, that the printing committee be authorized to obtain bids for furnishing the Convention with letter heads and such other stationery as it is necessary.

Seconded.

Mr. VARIAN. How much stationery and letter heads are required?

Mr. LAMBERT. That is simply so that when wanted it shall come in competitive bids.

Mr. VARIAN. Mr. President, I don't see any use of wasting much money on stationery; if these gentlemen do not require it, certainly we who live here do not require any.

Mr. CANNON. Mr. President, before the motion is put, I would like to know how much stationery, as Mr. Varian has said, this committee thinks will be needed. It strikes me there should be very few letter heads and very few envelopes. The main part of the work will be done in committees, and the main part of the stationery needed by the committees or in the Convention.

Mr. JAMES. Mr. President, I think the motion explains itself. It does not order any paper or authorize the order of any paper; it simply asks for bids, and when we get the bids we can order one quire or a hundred by those bids.

Mr. VARIAN. I want to ask the gentleman {118 - STATIONARY} how he can get an intelligent bid unless the trader has some intelligent data to put his bids in upon?

Mr. JAMES. I suppose he would make a bid on certain quantities, and in proportion to what the quantity is, it will decrease the price; that is the way that bids come in, as a rule.

Mr. VARIAN. I think it had better be left to a requisition from the chairmen of the committees.

Mr. LAMBERT. Mr. President, this thing is very plain. It is a business proposition. What we purchase here_we know what we are paying for, instead of going and buying it at random; it is in the interests of the Convention that we may not be overcharged in things we purchase.

Mr. CANNON. I would like to ask the gentleman a question. What quantity of paper would you like, Mr. Chairman?

Mr. LAMBERT. Get bids on any quantity; we are buying so that we know the price.

Mr. CANNON. I am opposed to the motion until the gentleman knows what he does want.

Mr. RICHARDS. It seems to me entirely unnecessary to pass this motion. If the committee on printing deem it necessary to obtain bids on this subject, they certainly have the right to do it. Then they can submit those bids to the Convention, if they contemplate the purchase of stationery, and the Convention can authorize the purchase if it desires. It seems to me this is all the power that is necessary to do this preliminary work without a special motion. It might be that some other material may be desired and it should not be necessary that every time we meet the committee on printing should come here and ask this Convention if they receive bids. Let them

receive their bids, and then if they desire to make purchases, let them ask leave of the Convention to make the purchases.

Mr. SQUIRES. Mr. President, I just want to call the attention of the Convention to the fact that this committee has already submitted one estimate to the Convention of stationery needed, and recommended its purchase, and that the Convention declined to accept that matter from the committee and voted it down. I don't know why they come back and want to get bids on the same proposition.

Mr. THORESON. Mr. President, it seems to be thought that this is a provision for members from the outside. Still I don't hear anything from the people of Salt Lake about the proposition.

Mr. GIBBS. Mr. President, I notice there is considerable stationery already_letter heads that have been bought and distributed here on the tables for the use of the Convention, and therefore, I think the motion is in order and it should prevail. As I understood the resolution yesterday, it stated a certain number of quantities that should be bought and probably some thought that it was a little excessive. Now, I think it should be open for bids, so that we may have the benefit of the lowest bidders in the market.

The PRESIDENT. The question is on the adoption of the resolution. All in favor of the motion say aye.

Opposed, no.

The chair is in doubt.

By a rising vote the motion was adopted, ayes 54, noes 52.

Mr. PIERCE. Mr. President, I move you that the matter of fixing the compensation of the officers of this Convention, whose compensation is not fixed by law, be referred to the committee on accounts and expenses.

Carried.

Mr. VARIAN. Mr. President, didn't I hear a report read that was adopted this afternoon, covering that matter? I certainly heard the names of the officers read.

Mr. RICHARDS. I remind the gentleman {119 - COMMITTEE MEETINGS} from Salt Lake that the report was simply filed.

Mr. VARIAN. Mr. President, we adopted a resolution that the chairmen of the several committees provide a schedule for the meeting of the committees. I presume we might as well bring it up in open Convention for the purpose of testing the sense of the several chairmen on that subject. I move that the chairman of each committee meet to-morrow at eleven o'clock in this hall, for the purpose of carrying out the direction of the Convention.

Mr. ROBERTS. Mr. President, I would offer an amendment to that, that they meet immediately after the adjournment of this meeting.

Mr. VARIAN. Unless there is some special reason for it, it would be a convenience to one or two of us to let it go over until to-morrow morning.

Mr. ROBERTS. The only thing about it is, it seems to me we ought to begin to get this committee work going as soon as possible, and if it is not impossible to accomplish the thing, I would like to see the commitees at once make their appointments.

Motion to amend seconded.

Mr. CANNON. Mr. President and gentlemen of the Convention, I think that this is a matter that should be referred more to the chairmen of those respective committees. I will state in answer to the gentleman from Davis County that several of the committees have appointments_I don't know how it is in all the cases, but all the committees that I am connected with or upon have appointments already.

Mr. ROBERTS. Immediately after this meeting closes?

Mr. CANNON. At different hours. I know the hour fixed by Mr. Varian would suit most of the gentlemen or at least a number of them.

Mr. SQUIRES. Mr. President, I suggest that the vote on this motion of Mr. Varian, be taken by the chairman of the committees.

The PRESIDENT. Then they had better hold their own meeting.

Mr. VARIAN. I made the motion in order that the several chairmen present might express their views on the subject. That is the purpose only. I don't care to interfere with the other chairmen.

Mr. PIERCE. Mr. President, I am on several committees and have appointments with those committees to-day and to-morrow forenoon. It seems to me that this is a matter that would take perhaps only a short time, and it would seem to me that if we were to meet to-morrow say at half past one, half an hour before the Convention convened, that it would be a good time to meet and confer about the matter.

Mr. VAN HORNE. Mr. President, I am in favor of a meeting of the chairmen of those committees to-morrow just preceding the meeting of the Convention. We will then be able to make our appointments in the Convention for the committees. I move the amendment that to- morrow at half past one o'clock be the time that the committee chairmen meet for the purpose of arranging a schedule of committees.

The PRESIDENT. Gentlemen you have heard the motion, that the chairmen of committees meet to-morrow at half past one o'clock_the amendment of Mr. Roberts that it be directly after this meeting.

Mr. KIESEL. Mr. President, I move that the the chairmen only be allowed to vote.

The PRESIDENT. That is out of order. I think that we cannot do that.

Mr. CANNON. Mr. President, I move as a substitute for the whole question, that unless there be some objection, by any chairman present, it be understood that the chairmen meet to-morrow at half past one o'clock.

Carried.
{120 - COMMITTEE CLERKS}
Mr. GOODWIN. Mr. President, I notice that the papers that were handed up were mostly in the handwriting of gentlemen, a great many in the handwriting of lawyers; they are invariably bad penmen; I am afraid a great many of them will never be read. It seems to me for the convenience of this Convention and for expediting business in the committees that those papers ought to be prepared with some care and typewritten. Hence I venture on the dangerous ground of moving that one committee clerk who is a stenographer and typewriter, be appointed by this Convention.

Seconded.

Mr. EVANS (Utah). Mr. President, is that intended to be in addition to the two that were spoken of here before?

Mr. GOODWIN. There have been none elected or appointed yet, it was voted down yesterday.

Mr. CANNON. Mr. President, I would like to call the gentleman's attention to the fact that it was decided we should have three committee clerks, the only thing is we haven't named them yet. It seemed to be the sense of the Convention that they should not be named yet.

Mr. GOODWIN. Mr. President, it was the sense of the Convention that they should be named as soon as necessary. I want to name one now.

The motion of Mr. Goodwin was carried by a vote of 48 ayes to 43 noes.

The PRESIDENT. I suppose nominations are now in order in regard to this?

Mr. SQUIRES. Mr. President, I was going to place in nomination one of the candidates that was presented for the official stenographer of the Convention, Miss MacMasters, who I believe is thoroughly and duly qualified for such position.

Mr. CRANE. I place in nomination for committee clerk, Mr. Ben Bachman of Utah County.

Mr. THURMAN. He is not a stenographer.

Mr. LAMBERT. Yes, sir.

Mr. THURMAN. Who is?

Mr. LAMBERT. Ben Bachman, so he claims to be.

Mr. THURMAN. Well, he is not.

Mr. STOVER. Mr. President, I will name L. C. Johnson, who is thoroughly qualified in every respect; he is a typewriter and did the duties for twenty-one committees in the Legislature last winter. There is no more capable clerk in this city than L. C. Johnson. [Applause.]

Mr. EICHNOR. Mr. President, I move, as a substitute that the selection of a committee clerk be referred to the committee that hired our stenographer. Mr. Wells is chairman, Mr. Roberts is on that committee, Mr. James, Mr. Eldredge, and Mr. Thurman. I move that as a substitute.

Mr. SQUIRES. Mr. President, after the report of that committee on stenographers, in which the cause of my candidate was severely handled or let alone, I shall not favor the reference of this matter to that committee.

Mr. IVINS. Mr. President, I am opposed to referring this question to this committee from the fact that after the report of that committee had been made in regard to stenographer we devoted as much time to discussing it as we will devote right here this afternoon to the appointment of a committee clerk and probably, we would have to go all over it again to-morrow; we might just as well do the work now, and be done with it.

Mr. CANNON. Mr. President, I favor the nomination of Miss MacMasters for the reason that I believe she is perfectly capable of doing the work required, and that we will by this means give representation to the fair sex.

Mr. EVANS (Weber). Mr. President, I desire to place in nomination the {121} name of a lady who has been present here during all of our deliberation; that of Miss Henrietta Clark. She is thoroughly competent, I understand, and that will recognize the sex, as she is willing to work cheap. She is an honest lady devoted to her work and does not seem to be very much devoted to the gentlemen around her.
    
Mr. COREY. Mr. President, I move that the nominations be now closed.

Carried.

Seconded.

Mr. BUTTON. Mr. President, will it take a majority of the members present to nominate?

The PRESIDENT. It will take a majority of the members present to elect.

Mr. KIESEL. Mr. President, I move that Miss Clark be nominated by acclamation.

Mr. EVANS ( Weber). I second that motion.

The PRESIDENT. You have heard the motion, gentlemen, of Mr. Kiesel, of Ogden, that Miss Clark be elected by acclamation.

Mr. SQUIRES. Mr. President, that cannot be done, except by unanimous consent, and I object.

Mr. KIESEL. I ask unanimous consent.

Mr. SQUIRES. I object.

Mr. EVANS (Utah). Mr. President, I move you as an amendment to Mr.
Ivins' motion that when the roll be called, that after the first calling all candidates be dropped except the two receiving the highest number.

Mr. HART. Mr. President, I arise to a point of order. This motion of Mr. Kiesel to elect by acclamation is out of order. The question is now on the motion to commit and the motion to elect by acclamation would be out of order anyway, where there is more than one candidate. That simply means that we vote orally; that is all that means.

Mr. EICHNOR. Mr. President, with the consent of my second I will withdraw the motion to commit this matter to the committee.

Mr. HILL. Mr. President, I respectfully withdraw the name of E. M.
Ashton, as a nominee.

Mr. BUTTON. I move that we proceed with the roll call.

Mr. IVINS. My motion was that the roll be called and that each man as his name is called announce the name of his candidate.

Carried.

Mr. EVANS (Weber). Mr. Bachman is not a stenographer as I understand it.

The PRESIDENT. His name then does not properly come on the roll.

Mr. EVANS (Weber). I have known him a long time, and if he is, he has recently acquired the art.

Mr. CRANE. Such being the case. Mr. President, I will, with the permission of the chair, withdraw Mr. Bachman's name.    ,

Mr. SQUIRES. Mr. President, I will ask if anybody can vouch for Mr. Johnson as a stenographer. I am told that although he handled seventeen committees in the last legislative council, he did it without being a stenographer; I believe that is a fact.

Mr. STOVER. Mr. President, he is a first class typewriter and capable of doing the duties of twenty-five committees.
{122}
Mr. SQUIRES. I understand that, but it seems under the circumstances we are narrowed down to the two ladies in the case, which is a very proper condition of things, I appeal to this Convention.

Mr. THURMAN. I understand they are partners.

The PRESIDENT. Can anybody answer, positively in regard to Mr. Johnson being a stenographer?

Mr. EVANS (Weber). Mr. President, probably this whole question could be solved in a moment, I understand there are three committee clerks to be appointed. I ask unanimous consent that Miss MacMasters and Miss Clark be two of those clerks and that the rules be suspended and they be elected by acclamation.

Seconded.

Mr. VAN HORNE. Mr. President, we are already considering a motion that we appoint one committee clerk who shall be a stenographer and typewriter; the other motion or suggestion is out of order.

The PRESIDENT. That is correct.

Mr. EVANS (Weber). It is if there is any objection.

Mr. EVANS ( Weber). Mr. President, I move then as a substitute, that Miss MacMasters and Miss Clark be appointed committee clerks for the committees of this Convention.

The PRESIDENT. There was provision made for but one.

Mr. KIESEL. Mr. President, I now move for a substitute to all, that the question of appointing clerks_stenographers and typewriters be referred to the same committee that had the McGurrin matter in charge.

Seconded.

The PRESIDENT. We have adopted here the motion of Judge Goodwin, that we proceed to the selection of one stenographer; the secretary informs me that we adopted a motion here to select three sometime ago.

Mr. EVANS (Weber). Mr. President, that is what I had in mind. I understood Judge Goodwin's motion went to the immediate selection of one in order that the committee might use it, but if that has been passed upon, why not select two of them now?

Mr. GOODWIN. Mr. President, it was agreed that there should be three committee clerks appointed or elected. The proposition was made yesterday to appoint those clerks and it was voted down. I didn't dare to propose the three, so I proposed one to-day and if two could be included I should be glad.

Mr. THURMAN. Mr. President, there is a difference in the motions, however. The motion to-day includes a stenographer, the three clerks were to be typewriters only. Now they are different propositions altogether.

Mr. SQUIRES. Mr. President, I want to assure my friend from Weber County that just as soon as we have succeeded in electing Miss MacMasters on the first ballot I shall cheerfully vote for a motion to elect another committee clerk, and allow his friend Miss Clark to be elected.

Mr. GOODWIN. Mr. President, that is a shameful exhibition of partisanship. [Laughter.]

Mr. IVINS. Mr. President, I submit that this whole discussion is out of order. We were proceeding to the election of one committee clerk. The motion prevailed that nominations close. The roll call was called for and the clerk had already begun to call the roll, before this latter discussion ever begun. I submit that the only thing for this body to do is to go on with the roll call and elect one committee clerk.

The PRESIDENT. The point is well taken.

Mr. BUTTON. Mr. President, I want to know if Mr. L. C. Johnson is in this.

Mr. BUTTON. I want to know if it is decided whether he was a stenographer; it would make a difference in my vote whether he could qualify or not.

Mr. MURDOCK (Beaver). His name was withdrawn.

Mr. STOVER. Mr. President, I said he was a typewriter and had performed the duties for twenty- one committees last winter in the Legislature, but he is not a stenographer.

Miss B. T. MacMasters was then elected to the position of committee clerk.

Mr. CANNON. Mr. President, I move that we now proceed to elect the other two committee clerks.

Mr. VAN HORNE. I move that this Convention do now adjourn.

Seconded.

The PRESIDENT. Gentlemen, you have heard the motion to adjourn, all in favor of the motion will say aye. Opposed no.

The chair is in doubt.

All in favor of the motion will rise to their feet.

The motion to adjourn was lost by a vote of 39 yeas to 51 noes.

Mr. IVINS. Mr. President, I now move that Miss Henrietta Clark be chosen as committee clerk of this Convention.

Mr. CANNON. Mr. President, the gentleman is out of order. The motion to now appoint committee clerks is before the house.

Mr. IVINS. Wasn't there such a motion as that before the house since the motion to adjourn_was there such a motion made?

The PRESIDENT. No. It was pending when the motion to adjourn was made.

Mr. IVINS. What was the motion?

The PRESIDENT. The motion was that we proceed to elect two more committee clerks.

Mr. IVINS. Well, we don't want

Seconded.

Mr. KEARNS. Mr. President, I move that she be elected by acclamation.

Mr. VAN HORNE. I object; if they want to vote we will vote.

The PRESIDENT. It seems to me the question should properly be before us as to whether we will elect another clerk or not.

Mr. IVINS. Mr. President, I move that under a suspension of the rules Miss Henrietta Clark be chosen as committee clerk for this Convention by acclamation.

Seconded.

Mr. BUTTON. Mr. President, I move to amend that motion that we elect two committee clerks, Miss Clark and Mr. L. C. Johnson.

Seconded.

Mr. IVINS. That is precisely what the original motion was which I amended; I submit that the amendment to the amendment is entirely out of order from the fact that it brings it right back to the original motion in so many words.

The PRESIDENT. The objection is well taken, I think.

Mr. CANNON. Mr. President, I arise to a point of order. The gentleman from Washington County makes a motion which is in opposition to the motion before the house and which is in order. It was decided that the committee clerks be not at this time named and we cannot take up the matter until we reconsider that action. I am in favor of the gentleman's motion if he limits it until such time as we can get it before the house.

Mr. BUTTON. Mr. President, I named two committee clerks that were not named in the previous motion.

Mr. EICHNOR. Mr. President, I move as a substitute for all previous motions {124} that we now proceed to elect one committee clerk.

Seconded.

Mr. HART. Mr. President, I arise to a point of order for the reason that one motion cannot be displaced and another motion of a different kind be given place on the same subject by simply calling it a substitute.

Mr. EVANS (Weber). Mr. President, I move that the chair rule everything out of order except the substitute, and that that be put without further debate.

Mr. EVANS (Utah). Mr. President, I move as an amendment to Mr. Cannon's motion that we proceed to elect one committee clerk.

Carried.

Mr. IVINS. Mr. President, I now renew my motion that Miss Henrietta Clark be elected committee clerk.

Mr. KEARNS. Mr. President, I move that it be done by acclamation.

DELEGATE. I call for the roll call.

Mr. EVANS (Utah). Mr. President, I ask the gentleman if he has had the consent of five members.

Mr. VAN HORNE. Mr. President, I wish to put in nomination as committee clerk of this Convention, Mr. L. C. Johnson, whom I know to be perfectly competent to perform the duties required in every way, and I know that he is at present doing work for the chairmen of some of our committees and I think that this Convention would do wrong to him and would do wrong to the Convention itself if they do not select him as one of their clerks.

Mr. CRANE. Mr. President, I desire to place in nomination a gentleman who I think is perfectly competent. He has been committee clerk during the session of the Legislature and gave good satisfaction to all the committees. I place in nomination Mr. Ben Bachman from Utah County.

Mr. ELDREDGE. Mr. President, I second the nomination of Mr. Ben Bachman.

Mr. HILL. Mr. President, I wish to renew my nomination of Mr. E. M. Ashton

Mr. MURDOCK (Summit). Mr. President, I nominate Miss Snyder of Park City.

Mr. EICHNOR. Mr. President, I arise for information. It was stated here
that Mr. Bachman of Utah County was no stenographer. I know nothing about it_I am so informed by the gentleman from Utah County.

The PRESIDENT. As I understand this motion, it does not require a stenographer.

Mr. LOWE (Box Elder). Mr. President, I arise to place in nomination the name of Miss Eastman of Box Elder County as committee clerk.

Mr. CREER. I move that the nominations be now closed.

Carried.

Mr. IVINS. Mr. President, I desire before the roll is called to say just a word in regard to the qualifications of these different candidates. It is very true that under the motion which is before us now, it is not necessary that this committee clerk should be a stenographer, but I believe is just as patent to every member of this Convention that a great advantage will be derived if a person can be selected who is a stenographer, and in all respects qualified as though that had been embraced in the motion. Now, gentlemen, there is no one of these candidates, with the {125} exception of Miss Clark, who has been recommended to be a stenographer at all. She is a lady and we have every reasonable cause to believe that her services can be procured for as little money and perhaps less than we would have to pay to some of these men who are not qualified to do the same amount of work, as creditably as this lady can do it. This being the case, it seems to me there should be but one side to this question. The lady because of her qualification is entitled to this place in preference to any other person who has been nominated, and because of her qualification I ask, gentlemen, that she be elected.    

Mr. EVANS (Weber). Mr. President, a good many inquiries have been made as to whether this lady is a Democrat. My Republican friends think that she is because some of us are urging it. As a matter of fact she is a Republican; now, there ought not to be any objections on that ground. [Applause.]

Mr. EICHNOR. Mr. President, I told Mr. Evans before he made that remark that I would support and did not care what she was.

Mr. CANNON. Mr. President, the gentleman's explanation was entirely uncalled for; we knew from the appearance of the lady that she was a Republican, and, therefore, I second the nomination. [Laughter and applause.]

Miss Henrietta Clark was then elected a committee clerk.

Mr. Squires. then took the chair during a temporary absence of the president.

Mr. EVANS (Utah). Mr. President, I move we do now adjourn.

Seconded.

Mr. PIERCE. There is a committee announcement.

Then followed the announcement of several committee meetings.

The PRESIDENT. Gentlemen, with your permission, the secretary will read a communication.

The secretary then read as follows:

Salt Lake City, Utah, March 12, 1895.

To the Hon. John H. Smith and Members of the Constitutional Convention:

GENTLEMEN: We have studied the lighting to photos of your honorable body on these steps of the city and county building and that 3 p. m. is the best hour, and would consider it a great favor if you would oblige us with sitting at that hour to-morrow, Wednesday, March 13. Should to-morrow be not convenient to your honorable body, please advise by stating a date that would meet your convenience and oblige,

Most respectfully yours,

SAINSBURY & JOHNSON,

JAS. H. CROCKWELL,

WILL. M. OTTINGER.

Salt Lake City, Utah, March 11, 1895.

To the Hon. John Henry Smith, President, Constitutional Convention, Salt Lake City, Utah.

GENTLEMEN: Through your sergeant- at-arms the matter has been brought to our attention of the desire of the Convention for a telephone; permit me in behalf of this company to tender you an instrument available to the members in Salt Lake exchange without charge.

We attach a coin controlled apparatus, which will enable parties desiring to use our long line to make payment at the instrument.

Hoping your labors will result to the good of the whole Territory, which I feel assured they will, I remain,

Yours respectfully,

GEORGE Y. WALLACE,

President.

Carried.

Mr. HART. Mr. President, some action should betaken on the invitation of the photographers.
For the purpose of bringing it before the Convention, I move you that we accept the invitation for to-morrow at three o'clock.

Mr. IVINS. Mr. President, I wish to. offer an amendment to that motion, that we accept his offer and sit for a picture after the adjournment of this {126 - RULES} Convention to-morrow or some other day. It seems to me it would look very bad for us to get up in the midst of our deliberations and go down to the east door in order to have our pictures taken.

The PRESIDENT. I call attention to the fact that they have experience there, and they say that three o'clock is the best hour.

The motion of Mr. Hart was carried.

The Convention then at 4:55 p. m. adjourned.