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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.

The roll was called showing the following members present:
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
Green
Goodwin
Haynes
Hammond
Hart
Halliday
Heyborne
Howard
Hughes
Hyde

Mr. Thurman was excused.

Prayer was offered by Rev. W. D. Mabry, of the Methodist Episcopal Church.

Journal of last previous session read by the secretary and approved.

Mr. KIESEL. Mr. President, I ask for a suspension of the rules, and ask for the admission to the floor of Hon. John Watson, and Hon. Nathan Tanner, from Ogden, for this afternoon's session.

Granted by unanimous consent.

Mr. EVANS (Weber). Mr. President, Mr. Kimball, of Weber, has requested me to ask that the records show his absence yesterday on account of sickness, {142 - MEMORIALS} and I do so; he is not well and for that reason was not present.

Mr. KIESEL. Mr. President, I ask for a suspension of the rules and also ask for the admission of Hon. Joseph Stanford, of Ogden, to the floor.

The request was granted by unanimous consent.

Mr. GIBBS. Mr. President, I wish to be recorded as present this afternoon.

Mr. HILL. I desire the same privilege.

Mr. PIERCE. I would like to be recorded present.

Mr. VARIAN. My name also.

Mr. KIESEL. I second that motion.

Carried.

The PRESIDENT. Gentlemen, the order of business is the presentation of petitions and memorials.

Mr. EVANS (Weber). Mr. President, I have the honor to present a memorial from the representatives of the ladies of Weber County to this Convention, asking that they might receive equal suffrage with men, and I ask the courtesy of the Convention that it might be read by the secretary at length and referred to the committee on elections and suffrage.

Mr. KIMBALL (Weber). Mr. President, I move that it be read by its title and referred without reading the whole petition.

Mr. EVANS ( Weber). Mr. President, it is short_in courtesy to the ladies_

Mr. KIMBALL (Weber). Mr. President, we will have lots of these petitions here, and if we attempt to read all of them, it will take a long time_if any one will second my motion.

Motion seconded.

Mr. KIESEL. You cannot get a second to that motion; I would like to hear it read.

Mr. SQUIRES. Mr. President, in view of the fact that I understand that some of the ladies who are connected with this movement are present, I trust that out of courtesy to them, we will listen to this communication. It is not very long. I am in favor of the reading.

Mr. VARIAN. I call for the reading of it for information.

The secretary then read the memorial as follows:

OGDEN CITY, March 13, 1895.

To the Hon. President and Members of the Constitutional Convention of Utah:

GENTLEMEN: We, the undersigned delegates in behalf of the women of Ogden City, and Weber County, beg most respectfully to memorialize your honorable body and ask that the action of your committee on election and suffrage in reporting favorably on the right of suffrage and equal rights being

granted to the women of Utah, be sustained, and that the article adopted by said committee be incorporated in the Constitution by the unanimous vote of the Convention.

Both political parties, in their declaration of principles last fall pledged themselves to grant full suffrage to women, and we feel assured that you will honor the pledge thus made.

Our great Creator has endowed women with the same attributes and power of mind possessed by man, hence, her right to equal privileges and opportunities under the laws and in the governments of the nation of which she is a member. Woman has been denied her rights in the past, but toward the close of the nineteenth century, her rights, her merits and worth are being better understood and appreciated, which is evidenced by the fact of the suffrage being granted her in many states of the Union as well as in many parts of Europe. And it will, beyond all question, reflect credit and honor {143} upon the framers of the Constitution to provide that the mother, wife and sister shall have a voice in the conduct of the affairs of the State of Utah, equal to father, husband and brother.

We claim we are loyal to the government and our country; we love and honor its flag and its Constitution. Give us an extended opportunity to demonstrate and furnish proof that our professions are sincere and true.

We claim a share and an interest in all the greatness and glory our country represents.

A few men argue, but their numbers are diminishing every year, that politics are corrupt and that women will be defiled and injured by engaging in them. Experience in Wyoming and other states does not sustain this view, but, on the contrary it is claimed that there is less drunkenness, immorality, less vice and crime, and that there are fewer criminals according to prison records, through the presence and influence of women in politics, than formerly, and that her efforts and example in the paths of sobriety and honor, tend to purify the political atmosphere, to elevate man and not to lower woman.

With these facts briefly referred to, before you, gentlemen, we feel that the most careful and scrupulous, and even the somewhat credulous, will do no violence to their feelings or any harm, but good to their state and country to grant our prayer, while we are thoroughly satisfied that the great majority of your honorable body will gladly and cheerfully do honor to the women of Utah by keeping inviolate the pledges of your respective parties.

Yours most sincerely and respectfully,

MRS. JENNIE E. NELSON,

MRS. KATE R. HILLIARD,

MRS. WM. DRIVER,

MRS. L. R. RHODES,

MRS. E. G. STANFORD.

Mr. KIESEL. Mr. President, for information of Mr. Varian, I would say that the matter was referred to the sub-committee to draft and present to the Convention a report. We are not ready yet to report.

Mr. VARIAN. Mr. President, it seems then, that the action of the committee_a committee of this Convention, seems to be known in Ogden before the Convention knows of it. It would seem that

this petition is a little premature, and as it is addressed to the Convention and not to the committee, I move that it lie on the table until the report of the committee comes in.

Seconded.

Mr. KIMBALL (Weber). Mr. President, I had a motion here, to refer that to the committee on elections and rights of suffrage, by reading of the title. Mr. Varian called for the reading of it.

Mr. VARIAN. The gentleman is out of order.

The PRESIDENT. The gentleman is out of order.

Mr. RICHARDS. Mr. President, I offer as an amendment to Mr. Varian's motion, that it be referred to the committee on rights of suffrage.

Mr. EVANS (Weber). Mr. President, that was my motion. When I presented the memorial I moved that it be referred to the committee on elections and suffrage.

Mr. VARIAN. Mr. President, I arise to a point of order. That was the original motion made by Mr. Kimball. The motion is to lie on the table. If you do not want it to lie on the table, then it can be voted down and the motion will come up.

The PRESIDENT. The question is upon the motion that this petition lie upon the table.

Lost.

Mr. KIMBALL (Weber). Mr. President, I renew my motion.

Mr. EVANS (Weber). Mr. President, I renew my motion to refer that to the committee on election and rights of suffrage.

The motion of Mr. Evans was carried.

Mr. MURDOCK ( Wasatch). Mr. President, I desire to introduce a petition signed by 370 members of Wasatch County, introducing an article of prohibition.

Mr. VARIAN. Mr. President, that is not the order of business, the proposition {144} for insertion in the Constitution. The gentleman said he introduces a proposition for insertion in the Constitution.

Mr. RICHARDS. I understood him to say a petition.

Mr. MURDOCK (Wasatch). It is a petition.

The secretary then read the title to said document as follows:

Proposed article on prohibition and methods of submitting same to vote of the people.

Mr. KIESEL. Mr. President, I amend by referring to the committee on commerce and manufacture.

Mr. VARIAN. I second that motion.

Mr. IVINS. Mr. President, I ask that the petition be read for information. I understand it is very short, I do not want the names of the signers.

Mr. EVANS (Weber). It is short, let it be read.

Mr. HART. Under our rules the reading of a petition is not in order unless ordered by the Convention as I understand it. Rule four requires a vote of the house in order to read a petition or memorial.

Mr. VARIAN. Mr. President, the reading is called for for information as I understand it. Any member has a right to that.

The PRESIDENT. That is as I understand it.

Mr. HART. I do not see how a member can call for the reading of it for information and thus avoid the operation of the general rule that has been adopted. I understand the purpose of this rule is to avoid the taking up of time in reading these petitions and memorials that may come in.

Mr. VARIAN. Mr. President, there are two motions pending to refer to separate committees. The gentleman wants it read for information. I don't see how you can deprive him of that right. He has no right to debate it perhaps, but that is another question.

Mr. EVANS. We do not know which committee it should go to until it is read.

The secretary then read the same.

Mr. MURDOCK (Wasatch). Mr. President, I move that it be referred to the committee on schedule and future amendments and miscellaneous.

The PRESIDENT. There has been a motion for reference to the committee on manufacture and commerce, and to another committee, I don't just remember what.

Mr. MURDOCK (Wasatch). Schedule, future amendments and miscellaneous.

Mr. IVINS. Mr. President, it seems to me that the gentleman from Wasatch, Mr. Murdock, while

being the introducer of this petition, having requested that it go to the committee on schedule, future amendments and miscellaneous, that it ought to go there without any further action on the part of this house.

Mr. KIMBALL (Weber). Mr. President, I arise to a point of order that that is a proposition for insertion in the Constitution, and not a petition. If the secretary will read it, the president will readily observe that it is a proposition to have inserted in the Constitution certain matter, and I object to it as out of order at this time_that it should come up on that order.

The PRESIDENT. I think the point of order is well taken_that it does not come properly as a petition under the circumstances. The gentleman may have leave to withdraw and present it in its proper place.

The committee on accounts and expenses presented a report which was read by the secretary as foilows [*note*]:

CONVENTION HALL, March 14, 1895.

Mr. President and Members of the Convention:

We, your committee on accounts and {145 - REPORTS} expenses, beg leave to report the following:

1. In relation to furnishing the Convention with a clock, Mr. Thomas G. Webber, superintendent of the Z. C. M. I., has kindly loaned the clock now hanging in the hall, free of charge, during the session of the Convention.

2. In relation to furnishing the delegates with drawers or boxes, for the safe keeping of their books and papers, etc., we herewith attach the following bids for same.

3. A number of delegates seem to think the per diem of appointive officers, not covered by statute, as furnished the Convention on Monday too high. We would therefore ask for the sense of the Convention in regard to this matter.

4. Members of the Convention have asked us to furnish postage stamps for their use in corresponding with their constituents. We are undecided as to whether that request should not go to the committee on printing and stationery.

5. We communicated with Secretary Richards yesterday in regard to the mileage of delegates, and he informs us the mileage should be thirty cents one way, hence our report of Monday figured at twenty cents is incorrect. We attach herewith a correct report.

6. A number of delegates have requested us to pay their mileage. As we have no instructions to do so, we would ask for the wishes of the Convention regarding the matter.

7. We are undecided as to our duties and would ask the Convention if we are expected to keep a journal of the per diem of members and expenses and report the balance on hand daily.

8. We would ask for instructions in regard to the salary of appointive officers_whether their salaries

commenced with the first day of the session, time of appointment or time when sworn in.

A. C. LUND,

Chairman.

SALT LAKE CITY, UTAH,

March 13th, 1895.

To the Hon. The Committee on Furniture, Constitutional Convention, city:

GENTLEMEN: We will make 106 plain, pine stained boxes, 10 inches by 15 inches and 10 inches deep, all outside measure, with hinges and tumbler locks, for $1.65 each.

Respectfully submitted,

HENRY DINWOODEY FURNITURE CO.

H. Dinwoodey, Prest.

SALT LAKE CITY, UTAH,

March 13, 1895.

JOHN R. BARNES, Esq.

DEAR SIR: We will furnish you 106 tin boxes 10x14x10 inches deep with lock and key, for the sum of ($97.50) ninety-seven dollars and fifty cents.

Yours respectfully,

JAMES, SPENCER, BATEMAN & CO.

Will furnish the boxes in two days. after receiving the order for same. J. S. B. Co.

Mr. VARIAN. Mr. President, I think it ought to be taken up when we have more time, to be considered later in the afternoon under the head of resolutions.

Mr. RICKS. There is no second to that motion. I move that the first proposition be read.

Mr. EVANS (Weber). Mr. President, I second the motion, that it be received and placed on file.

Mr. RICKS. Mr. President, I will amend the motion by moving that the proposition be read separately and acted on now.

Seconded.

Carried.

The PRESIDENT. The amendment is carried, the secretary will read. The secretary then read the

following:

1. In relation to furnishing the Convention with a clock, Mr. Thomas G. Webber, Supt., of the Z. C. M. I., has kindly loaned the clock now hanging in the hall, free of charge, during the session of the Convention.

Carried.

The secretary then read as follows:

2. In relation to furnishing the delegates with drawers or boxes for the safe keeping of their books, papers, etc,,we herewith attach the following bids for same.

Seconded.
Mr. LUND. Mr. President_

The PRESIDENT. It is not debatable.

Mr. IVINS. Mr. President, I arise for information, or rather to a point of order. The gentleman, I understand, moved that this report be read by sections, and passed on. Now the clerk begins to read one of the sections, and he gets up and objects to them being read.

Mr. RICKS. No, to lay it on the table.

Mr. IVINS. Hadn't we better hear it read first, so we will know what we are laying on the table?

Mr. BOYER. I call for the reading.

The secretary then read as follows:

SALT LAKE CITY, UTAH,

March 13, 1895.

J. R. BARNES, ESQ.

DEAR SIR: We will furnish you 106 tin boxes, 10xl4xlO inches deep, with lock and key for the same, for ninety-seven dollars and fifty cents ($97.50).

Yours truly,

JAMES, SPENCER, BATEMAN & CO.,

Will furnish the boxes in two days after receiving the order for same. J. S. B. Co.

Mr. EVANS (Weber). Mr. President, I now move that we reject that part of the report.

Mr. VARIAN. I arise to a point of order; a motion to lie on the table cannot be disposed of in that way.

The PRESIDENT. You have heard the motion, gentlemen, that this part of the report lie upon the table.

Carried.

The PRESIDENT. The secretary will continue to read.

Mr. VARIAN. I arise to a point of order. The whole report is on the table now. It is so inseparably connected with the subject matter that it carries the whole report with it on the table.

Mr. KIMBALL (Weber). I beg leave to differ with the gentleman, there are several sections to that report on different subject matters.

The PRESIDENT. Will Mr. Varian point to the rule in regard to this matter?

Mr. KIMBALL (Weber). It is not one subject matter, but it is several subject matters.

Mr. VARIAN. I have not the rules at hand, nor have I got Roberts' rules of order; there is no question about it.

Mr. EVANS (Weber). Mr. President, I now move that the report of the committee on printing be taken from the table for action.

Mr. VARIAN. Mr. President, I arise to two points of order, the first is, the president has not decided this question before the house, and second that a motion to lay upon the table being made, which has been decided and no other business intervening, the only way it can be rectified is by some person who voted for it with the majority, to move to reconsider the vote.

Mr. KIMBALL (Weber). I understand the president has decided the last motion, that there are several subject matters in one report and that it cannot be disposed of in that way.

Mr. HOWARD. Mr. President, I understood when that motion was put that it meant that one portion of the report referred to, and no other part, and I vote in the affirmative that that be laid on the table_that portion of the report. I now move that the report be taken from the table and considered.

Mr. PIERCE. Mr. President, I would like to make a remark or two on this question. Referring to Roberts' rules of order, page 51, on the subject of a motion to lay on the table; it removed the subject from consideration until the {147} assembly voted to take it from the table. The subject under consideration is the tin boxes, and when we voted to lay this matter on the table_     

Mr. VARIAN. I arise to a point of order; this is not debatable unless upon an appeal from the ruling of the chair.

Mr. PIERCE. The chair has not ruled upon it at all.

Mr. VARIAN. I say it is not debatable; no other gentleman is entitled to the floor but myself, and I only to make the point of order.

Mr. PIERCE. Mr. President, I arise to the question of personal privilege.

Mr. VARIAN. Mr. President, I ask that my point of order be ruled upon.

Mr. PIERCE. Mr. President, I arise to a question of personal privilege.

The PRESIDENT. State the point of order.

Mr. VARIAN. I have made and do now make a point of order which has not yet been ruled upon. The question is before the house. It is not debatable by any other gentleman either to rise to a question of privilege or to make any motion concerning it. When the chair shall rule upon it, then, if there be an appeal taken, every gentleman upon this floor has an opportunity to debate the question. Certainly they cannot inject the privilege to argue the matter.

Mr. PIERCE. Mr. President, I arise to a question of personal privilege, and call your attention to Roberts' rules of order on this question.

The PRESIDENT. The chair is of the opinion that the point of order was not well taken.

Mr. PIERCE. Mr. President, I would like to call the chair's attention to this question.

The PRESIDENT. There is nothing before the house, Mr. Pierce, at all.

Mr. EVANS (Weber). My motion is before the house to take this from the table.

The PRESIDENT. Gentlemen, you have heard the motion that this report of the committee be taken from the table.

Carried.

SALT LAKE CITY, UTAH, March 13, 1895.

To the Hon. Committee on Furniture, Constitutional Convention, city:

GENTLEMEN: We will make 106 plain, pine stained boxes ten inches by fifteen inches and ten inches deep, all outside measure, with hinges and tumbler locks, for $1.65 each.

Respectfully submitted,

HENRY DINWOODEY FURNITURE CO.,

Henry Dinwoodey, Prest.

Mr. BUTTON. Mr. President, I move we reject that part of the proposition.

Seconded.

Mr. EVANS (Utah). Mr. President, I move as an amendment that we reject both of those last subdivisions.

The PRESIDENT. The question is on Mr. Button's amendment.

Mr. BUTTON. It applies to the proposition of the two lockers, the tin and the wood.

Carried.

The PRESIDENT. The question is on the motion to reject section two of the committee's report.

Carried.

The secretary then read section three of the report.

The PRESIDENT. Has the Convention any instructions to give the committee on this point?

Mr. SQUIRES. Mr. President, we have not had the whole of this read in relation to that. A little further on the committee reports a further matter that they were too low on mileage by ten cents a mile.

The SECRETARY. This has reference to appointive officers; that refers to mileage of members.

Mr. EVANS (Utah). Mr. President, I would ask that that part of the former report be read and state the per diem suggested.
{148}

Mr. LUND. Mr. President, the first report that we submitted to the Convention, was to show approximately what we were consuming of the funds daily, and we put the price of the payment at four dollars for the messengers. It is not covered by statute.

The PRESIDENT. The report is here, it can be read.

Mr. LUND. Mr. President, those officers that are appointive_we cannot say how much they will have without the sense of the Convention. As it requires accuracy I would like to know as the keeper of the accounts how that shall be.

The PRESIDENT. The question is on the fixing of the salary of these parties so that the committee can perform its work understandingly.

Mr. RICKS. Mr. President, I would move that this report be referred back to that committee with instructions to make some recommendation in regard to the salaries of the officers of the Convention, so that we will know. what to do.

Mr. KIMBALL (Weber). Mr. President, unless that comes by way of amendment_     

The PRESIDENT. Mr. Kimball's motion was not seconded.

Mr. SQUIRES. Mr. President, the committee making this report wants the report to come back. Mr. Ricks moved the same thing. Both motions are identical.

The PRESIDENT. It is moved and seconded that this report be recommitted.

Mr. CANNON. I trust that this motion will not prevail; I think we are taking up too much time. It will be brought back into the Convention and we will discuss it again. I think it can
be settled in two or three minutes; there are only two officers, I believe, and I think the Convention ought to fix the price now, and not refer it back. I am opposed to that motion.

The PRESIDENT. Gentlemen, you have heard the motion to commit. The motion was lost.

Mr. SQUIRES. Mr. President, I now move you that the salaries of the officers of the Convention be as reported by the committee in its former report.

Seconded.

Mr. EVANS (Weber). Let's hear the report.

Mr. IVINS. Mr. President, before we vote on that, let's know what those salaries are_I call for

the reading o that part of the report that refers to the salaries of officers not provided by statute.

The secretary then read the following:

Officers' salaries per day_

Secretary, P. P. Christensen                    $6.00

Assistant secretary, C. S. Rapp,                    5.00

Sergeant-at-arms, R. Clawson                    5.00

Watchman, Bruce Johnson                    4.00

Janitor, J. M. 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

The PRESIDENT. We were to consider the officers that no provision had been made for payment of in the appropriation.

Mr. RICKS. Mr. President, how are we any wiser now than we were before?

Mr. LOW (Cache). Mr. President, I move as an amendment of the motion of the gentleman from Salt Lake_I think_that the salaries be paid to messengers Camp and Thorne read $2.50 instead of $4.00.

Seconded.

Mr. LUND. Mr. President, we thought that matter over at some length, and {149} while we didn't want to get the approximate too low per day, we placed it at $4.00. I think they have enough work to warrant the payment of $3.00 per day, and I move to amend the motion last made and insert $3.00 per day.

Seconded.

Mr. SQUIRES. Mr. President, I move as a still further amendment that the motion remain as stated in the first report of the committee, $4.00.

Seconded.

Mr. VAN HORNE. Mr. President, I arise to a point of order. That would make the third motion; it is out of order.

The PRESIDENT. Gentlemen, you have heard the motion to amend the proposition of $2.50 and that it be fixed at $3.00 per day.

The PRESIDENT. Gentlemen, the question is on the motion that it shall be $4.00 per day that will be paid to these messengers.

Lost.

The PRESIDENT. All in favor of fixing the salary at $3.00 will say aye; contrary, no.

Carried.

Mr. THORESON. Mr. President, are there any other officers in that list whose per diem is not fixed by law?

Mr. LUND. The committee clerks.

The PRESIDENT. It seems to me there was a proposition made to refer the question of their salaries to that special committee on yesterday.

Mr. BUTTON. Mr. President, are there any others on that list that are not fixed by law except those two?

Mr. CANNON. Mr. President, I think all the others are fixed by law except the stenographer, and that was by special agreement.

Mr. RICKS. Mr. President, the salary of the minute clerk I don't think was fixed by statute.

Mr. BARNES. Mr. President, I will say in regard to the minute clerk, that Secretary Richards informed me that his salary should be $5.00 per day.

The PRESIDENT. Is there an appropriation for that?

Mr. BARNES. No, sir_that the Legislature paid their minute clerks $5.00 per day and it is supposed that we were to be governed by the same rules.

Mr. KIMBALL (Weber). Mr. President, I move that the report of the committee fixing the salary of the assistant secretary, or minute clerk, at $5.00 per day be adopted.

Seconded.

Mr. THORESON. I think that motion is out of order; this is all fixed by statute and incorporated in the Enabling Act.

The PRESIDENT. That is correct; it is already fixed by statute as far as the Legislature is

concerned.

Mr. KIMBALL (Weber). Mr. President, this is not fixed by statute as far as the Legislature is concerned. It is for each session of the Legislature. The minute clerk is payable out of the territorial fund, while the chief clerk is payable out of the United States fund. Now, I renew my motion to fix the salary of the minute clerk or assistant secretary at $5.00 per day.

Seconded.

Mr. LOW (Cache), I believe that this question has been disposed of according to the motion that was first made, that the report of salaries made by the committee on expenses and accounts be adopted, and it was amended, and when that report was amended it included the original motion as I understood it, and it was all adopted.

Mr. BARNES. Mr. President, if the adoption of the resolution or motion by Mr. Kimball of Ogden prevails, that will do away with any difficulties in the matter.

Mr. EVANS (Utah). Mr. President, {150} the minute clerk, as I understand it, is not fixed by the act of Congress, with respect to the clerkships in the Legislature. This Convention is created by the Enabling Act, and they are entitled to the same officers that the Legislature of the Territory is entitled to. Now, by what right and authority does this Convention create an office not authorized by law?

Mr. KIMBALL (Weber). Mr. President, I will state that after conferring with Mr. Richards we are informed that they will pay any officers that we deem necessary to have.

Mr. EVANS (Weber). Who gives that authority?

Mr. KIMBALL (Weber). The secretary of the Territory, he is all the authority we have.

Mr. EVANS (Weber). If Uncle Sam will pay this clerk we will be very glad to have him. We might vote to have him any way, and let the clerk look out for it hereafter.

Mr. SQUIRES. Mr. President, for information of the gentleman from Weber County, I will say that the secretary of the Territory telegraphed to Washington on that point and as a result of the instructions he received, the next morning he suggested the appointment of these officers.

The motion to fix salary of minute clerk at $5.00 per day was agreed to.

Mr. LUND. Mr. President, while we are considering the appointive officers, there are now two committee clerks whose wages are not fixed per day.

Mr. CANNON. Mr. President, I move that the matter of committee clerks be referred to the committee on expenses with power to act, for the reason that the committee clerks might differ in their ability. I think that that ought to be left to that committee to decide later on.

Seconded.

Mr. BOYER. Mr. President, I move to amend by making the payment $4.00 per day.

Seconded.

Mr. LUND. Mr. President, these committee clerks who are able to use the typewriter perfectly well, I consider are worth more to us than a janitor, and I hope that they will be paid at the rate of $4.50 per day.

Mr. CANNON. Mr. President, I move an amendment to the amendment that the price be fixed at $5.00 per day.

Seconded.

Mr. CANNON. Mr. President; I think we have fixed the salary of several members or several clerks at $5.00 per day. I think these ladies are entitled to as much compensation. I think when a lady performs the same work or equal work, she should receive the same pay as any man.

The PRESIDENT. The question is first on the motion to fix the salary of these committee clerks at $5.00 per day.

Carried.

The PRESIDENT. The secretary will proceed with the balance of the report.

The secretary then read section four of the report, as follows:

Members of the Convention have asked us to furnish postage stamps for their use in corresponding with their constituents; we are undecided as to whether the request should not go to the committee on printing and stationery.

Seconded.

Mr. JAMES. Mr. President, I arise to amend by providing that the chairmen of the committees have the privilege of asking for postage stamps when they need them, and that the committee on expenses and accounts furnish them. I have now a bill of $2.00 for postage {151} stamps. Of course if this Convention won't pay it I will pay it myself.

Mr. KIESEL. The gentleman is out of order.

Mr. CANNON. Mr. President, I would like to move as an amendment to the amendment that the sergeant-at-arms be instructed to furnish to members applying such postage as they may need for business connected with the Constitutional Convention.

Mr. KIMBALL (Weber). Mr. President, I would like to ask the gentleman one question_where the sergeant-at-arms is going to get the money?

Mr. CANNON. If we authorize it the Convention will be responsible for it.

The PRESIDENT. The question is on the motion to reject this part of the report in regard to postage.

The motion to reject was agreed to.

The secretary then read section five of the report as follows:

We communicated with Secretary Richards yesterday with regard to mileage of delegates, and he informs us that the mileage should be thirty cents one way, hence our report of Monday figured at twenty cents is incorrect. We attach herewith a correct report.

Mr. EVANS. (Weber). Mr. President, I move as an amendment to that, that that part of the report lie on the table. That is a matter between the United States and the members.

Mr. KIMBALL (Weber). I will accept the amendment.

Mr. EVANS (Weber). We should not reject it; that might indicate that we didn't want it.

Mr. KIMBALL (Weber). I accept the amendment.

Mr. LUND. Mr. President, I would like to ask if this is a matter that is left between the secretary or between the United States and the members of this Convention_if we can change it. The law says thirty cents.

Mr. KIESEL. You cannot change it.

Mr. EVANS (Weber). Mr. President, I move to just simply lay that part of the report on the table.

Mr. HART. I understood the president to rule a while ago, that a motion to table a part of a report

carries the whole report. I think the better way would be now to move to accept this. That does not adopt it or take any actiou on it, other than to accept it.

Mr. SQUIRES. I call the gentleman's attention to the fact that the president ruled that the point of order raised by Mr. Varian was not well taken.

Mr. BUTTON. Mr. President, is this a motion or an amendment to a motion?

The PRESIDENT. It is moved by Mr. Kimball that this part of the report, lie on the table.

[Calls for the question.]

Mr. HART. Mr. President. I ask for information as to what the ruling of the president was as to the point of order of Mr. Varian.

The PRESIDENT. The ruling of the chair was, that a part could be laid on the table.

Mr. BUTTON. Mr. President I want to know for information if we have got a bill with the United States_inasmuch as some of these people would like to have their money, if we hadn't just as well commence and find out what we have to do. If we are going to get this mileage, we might just as well collect it.

Mr. KIMBALL (Weber). All you have got to do is to go to the secretary and get it.

Mr. EVANS (Weber). To remedy this difficulty, I withdraw my motion by {152} consent of my second, to lay this on the table, and now move that that part of the report be received for information and passed.

Mr. EVANS (Utah). Mr. President, I move as an amendment that that part of the report be referred back to the committee with power to ascertain and settle it.

Mr. CUSHING. Mr. President, there are a number of delegates here who have asked us to pay their mileage. Now, if this matter is laid on the table, it will be impossible for us to perform that duty.

Mr. KIESEL. Mr. President, I move as a substitute that the secretary be requested to pay the members their per diem and the mileage.

The PRESIDENT. That is out of order.

Mr. BARNES. Mr. President, I would like to ask a question, if it is not out of order, as a member of that committee, I would like to know whether that committee has anything further to do with the mileage of members_that is, the committee on accounts and expenses; it strikes me it is a matter between the members and the secretary of the Territory, and that that committee has nothing whatever to do with it.

Carried.

Mr. BARNES. Mr. President, if I could get my questions answered I would like it as a member of that committee. I do not think we have anything further to do with the mileage of the members.

The PRESIDENT. I don't think you have.

Mr. BARNES. I would like to know if you ruled we have not_that ends it.

Mr. WELLS. Mr. President, I move that they have not.

Mr. KIMBALL (Weber). I second the motion.

Carried.

Mr. LUND. We have nothing then to do with the mileage of these members?

The PRESIDENT. No.

The secretary then read section seven of the report as follows:

We are undecided as to our duties and would ask the Convention if we are expected to keep a journal of the per diem of members and expenses, and report the balance on hand daily.

Mr. VAN HORNE. I move you that this section of the report of the committee on accounts and expenses be referred back to the committee with instructions to keep a journal of the expenses and accounts, showing the daily balance of funds on hand.

Seconded.

Mr. CREER. Mr. President, I make an amendment to the gentleman's motion, “and report when called for by the Convention.”

Mr. VAN HORNE. Very well, I accept the amendment.

Carried.

The secretary then read section eight of the report as follows:

We would ask for instructions in regard to the salary of appointive officers_whether their salaries commence with the first day of the session, time of appointment or when sworn in.

Seconded.

Mr. EICHNOR. Mr. President, I wish to offer this amendment, that their salaries begin from the time of their employment.

Seconded.

Mr. LUND. Mr. President, I would ask for information then_when their {153} employment commences. Some of them worked quite a long time before the Convention met here in order to get these different places.

The PRESIDENT. Will the gentleman in his motion fix upon a time?

Mr. EICHNOR. Mr. President, for the benefit of the gentleman from Sanpete County, I will state my idea is that their salaries should commence from the time they commenced work in this Constitutional Convention.

Mr. VAN HORNE. Mr. President, the reason I made the motion in the way I did was, I doubt the authority of this Convention to order an expenditure of this money as a salary to an appointive officer, when the journal says that that officer was not an officer of this Convention at the time the salary was voted for, or for a part of the time the salary was voted for.

Mr. SQUIRES. Mr. President, so far as that is concerned we have already taken an action to the contrary. We have made a contract with Mr. McGurrin dating from the first day of the Convention, and it was a long ways after the opening of the Convention before the contract was closed.

Mr. CANNON. Question on the amendment.

Mr. EICHNOR. My amendment is that the salaries of the appointive officers shall begin from the time of their employment in this Constitutional Convention.

Mr. EVANS (Weber). Mr. President, I desire to speak on that just a moment. I think that is a very proper motion to prevail here. I am informed that two of the committee clerks whom we elected the other day have been actively engaged at work in the committees, and have not yet been sworn in. Now it is not right that they should not be compensated for that work actually done.

Mr. LUND. Mr. President, I offer an amendment to the amendment, which shall say that Mr. McGurrin and the two committee clerks commenced service on the first day, and that the others

be paid from and including the days when they were sworn in.

Seconded.

Mr. EICHNOR. Mr. President, I hope that this Constitutional Convention will not ask any person to work without pay. I believe in fixing salaries. I believe in hiring people and paying them for their work. If persons employed here are not sworn in the same day why should they not receive pay for that day? Let us deal as fairly in this Constitutional Convention as in private life.

Mr. SQUIRES. Will the gentleman from Salt Lake indicate what clerks there are who have worked here without being sworn except the committee clerks and Mr. McGurrin?

Mr. EICHNOR. Mr. President, the janitor of Salt Lake county was working here I think for nearly a week, the watchman was working here I think for several days before he was sworn in. I do not know with regard to the minute clerk, whether he was here before or not.

Mr. JAMES. Mr. President, I move as a substitute to the whole of these motions, that the matter be referred to the committee on accounts and expenses to report to this Convention when the labor of each employe begins, and when they are entitled to be paid.

Mr. KIMBALL (Weber). Mr. President, I didn't hear any second to that gentleman's motion, and I move now, as a substitute to all the motions, that each employe of this Convention be paid from the first day.

Seconded.

Mr. RICKS. Mr. President, I oppose that motion for this reason_

Mr. IVINS. Mr. President, I arise to a point or order, before there is any discussion on that motion. It is out of order. This motion that is now before the house, has been amended twice. It {154} cannot be amended again either by substitute or by amendment. A substitute might have prevailed as an omendment but after it has been amended and then there has been an amendment to an amendment, any other motion is out of order.

Mr. LUND. Mr. President, with the permission of my second, I will withdraw the amendment to the amendment.

Mr. KIMBALL (Weber). Then Mr. President, I renew my motion as a substitute, that all employes be paid from the first day of the session of the Convention.

Seconded.

Mr. RICKS. Mr. President, I am opposed to that motion for this reason. As I understand it, we have been in session here about six days, without the committee clerks. Now, I don't think it is just right to go back and pay those committee clerks for service they have not rendered. Mr.

McGurrin, I understand, has been employed here from the first day. I think he ought to receive his compensation from the first day, so I do for every member that has been employed, but I am not in favor of paying those who have not been employed.

Mr. CANNON. I call for the previous question.

The previous question was ordered.

The PRESIDENT. The question is on the substitute of Mr. Kimball that the employes of the Convention be paid from the commencement.

Lost.

The PRESIDENT. It recurs on the amendment of Mr. Eichnor. Carried.

The PRESIDENT. This finishes the report, gentlemen.

Mr. PARTRIDGE. Mr. President, I would like to ask this for my information, if that motion that has just carried, means from the time of their employment, if they were employed
before the Convention met, or since the Convention did meet?

Mr. EVANS (Weber). Employed by the Convention.

Mr. JOLLEY. Mr. President, is it not a fact that there should be some arrangement or rules made by the general Convention in relation to the mileage before they will be enabled to get their mileage?

Mr. SQUIRES. Mr. President, I think it is due to answer the question that was just asked about work done previous to the Convention. That is a more important matter than the gentleman may consider it. There was a proposition made to us by the county court_     

Mr. KIMBALL (Weber). I submit there is nothing before the house.

Mr. SQUIRES (continuing)_in which they specify that they should be at no charge for arranging this room. They had the man employed here on that business before the session of the Convention. I move that that matter be referred to the committee on accounts and expenses for investigation and report to the Convention.

Mr. EVANS (Weber). Mr. President, I move that the regular order be proceeded with; I arise to a point of order now.

The PRESIDENT. The point is well taken.

Any further committee reports?

The PRESIDENT. If there is no objection, it will go to the committee named.
Any further reports of committees? Any reports of select committees? Introduction of ordinance and propositions for insertion in the Constitution.
{155 - PROPOSITIONS}
Mr. STREVELL. Mr. President, I desire to offer two propositions. An article, hours of labor (file No. 36), and a proposition regulating elections (file No. 37).

Proposition concerning hours of labor was read a first and second time by its title.

The PRESIDENT. It will go to the proper committee, if there is no objection.

Mr. SQUIRES. Mr. President, it should be read the first time at length unless the rules are suspended.

Mr. VAN HORNE. Mr. President, I move that the rules be suspended, and that it be read the first and second times by its title and referred to the proper committee.

Mr. RICHARDS. Before that motion is put, I will ask the gentleman to make that apply to all propositions offered to-day, unless otherwise ordered.

Mr. VAN HORNE. Very well.

Carried.

The proposition concerning hours of labor (file No. 36), offered by Mr. Strevell, after being read a first and second time by its title, was referred to the committee on labor and arbitration.

Mr. Strevell introduced a proposition relating to the regulation of elections (file No. 37), which was read a first and second time by its title and referred to committee on elections and right of suffrage.

Mr. Ryan, of Juab, introduced a proposition authorizing the Legislature to classify and fix salaries of public officers (file No. 38), which was read a first and second time by its title.

Mr. RYAN. Refer it to the committee on legislative.

Mr. THORESON. As we have a committee on salary of public officers, I think that would be the proper committee.

The PRESIDENT. Is there some specific reason why you want this to go to the legislative

committee?

Mr. RYAN. I think that is the proper committee, for the reason that it directs the Legislature to classify counties and fix the salaries of public officers. If that system should prevail, it properly goes to the committee on legislative. If the Constitution fixes the salary, then it will properly go, I am told, to the committee on salaries of public officers. I think the committee on legislative is the proper committee.

The PRESIDENT. It will go to the legislative committee.

Mr. Ryan introduced a proposition on exemptions for the Constitution, (file No. 39), which was read a first and second time by its title.

Mr. RYAN. Mr. President, I move that it be referred to the committee on legislative.

The PRESIDENT. It will go under the rule to that committee at the gentleman's request.

Mr. Ryan introduced a proposition to limit powers of corporations and companies (file No. 40), which was read a first and second time by its title and referred to committee on corporations other than municipal.

Mr. Crane introduced a proposition relative to apportioning representatives to Congress and census (file No. 41), which was read a first and second time by its title and referred to committee on apportionment and boundaries.

Mr. Raleigh introduced a proposition on prohibition (file No. 42), which was read a first and second time by its title.

Mr. VAN HORNE. Mr. President, I move that that be referred to the committee on manufacture and commerce.

Seconded.

The SECRETARY. It is asked to be referred to the committee on schedule, future amendments and miscellaneous.

Mr. MILLER. That is the proper committee.

Mr. CANNON. Mr. President, I move as an amendment that it be referred to the committee requested by the introducer.
{156}
Seconded.

Mr. KIMBALL (Weber). Mr. President, I think that is out of order. That is the original motion.

Mr. HART. Mr. President, I understood that Mr. Cannon moved to amend the motion of the gentleman from Salt Lake. That is certainly in order.

The PRESIDENT. The question is on the substitute of Mr. Cannon that it go to the committee on schedule, future amendments and miscellaneous.

The substitute was agreed to.

Mr. KIESEL. Division.

The PRESIDENT. Too late.

Mr. EVANS (Weber). Mr. President, I desire to introduce a proposition for insertion into the Constitution relating to the taxation of mines (file No. 49), and I ask that it might be read twice by its title and referred to the committee on revenue and taxation.

The SECRETARY. I already have four. I will read them in order as they have been presented.

The PRESIDENT. Read them in their order as they come.

Mr. Allen introduced a proposition relative to changing county lines and creating new counties and removing county seats (file No. 43), which was read a first and second time by its title.

Mr. VAN HORNE. I move that it be referred to the committee on municipal corporations.

Seconded.

Mr. EICHNOR. It needs no motion.

Mr. KIMBALL (Weber). I suggest that it is a proper committee anyway without a motion.

The PRESIDENT. That is all right.

Mr. THORESON. Mr. President, I would like to ask if there are references to the constitutions from which they are taken?

Mr. EICHNOR. Mr. President, I would suggest that some of them are so old they need no references.

Mr. Howard introduced a proposition for insertion in the Constitution relative to irrigation and use of water (file No. 44), which was read a first and second time by its title and referred to the committee on water rights and irrigation.

Mr. KIESEL. I waive that now.

Mr. IVINS. That a division could not be had. I wish to say that the chair sustained the objection that he raised to Mr. Kiesel's calling for a division. I would like to read just a few words from Roberts' rules of order.
(Reads.)

Mr. KIESEL. Mr. President, I thought, as Mr. Ivins read here_I thought that I was right about the proposition, but I waive that now so that we do not need to discuss it.

Mr. IVINS. My object was to get this before the house for future use rather
than that just transpired.

Mr. Howard introduced a proposition
for insertion in the Constitution relative to regulating or affecting boards of officers charged with the duties of registering voters (file No. 45), which was read a first and second time by its title and referred to committee on elections and right of suffrage.

Mr. Crane introduced a proposition for insertion in the Constitution relative to organizing a board of arbitration between employer and employes and board of statisticians (file No. 46), which was read a first and second time by its title and referred to the committee on labor and arbitration.

Mr. Stover introduced a proposition for insertion in the Constitution relative to public funds and property, and also non-exemption from taxation (file No. 54), {157} which was read a first and second time by its title and referred to committee on revenue, taxation and public debt.

Mr. Stover introduced a proposition for insertion in the Constitution relative to the manufacture and sale of liquors, (file No. 47), which was read a first and second time by its title and referred to the committee on manufacture and commerce.

Mr. Low (Cache), introduced a proposition for insertion in the Constitution relative to private corporations (file No. 48), which was read a first and second time by its title and referred to committee on corporations other than municipal.

Mr. Evans, of Weber, introduced a proposition for insertion in the Constitution relative to taxation of mines (file No. 49), which was read a first and second time by its title and referred to committee on revenue, taxation and public debt.

Mr. Eichnor introduced a proposition for insertion in the Constitution relative to providing for an amendment of constitutions and calling for constitutional conventions (file No. 50), which was read a first and second time by its title and referred to committee on schedule, future amendments

and miscellaneous.

Mr. Eichnor introduced a proposition for insertion in the Constitution relative to providing for a legislative department (file No. 51), which was read a first and second time by its title and referred to the legislative committee.

Mr. Murdock (Wasatch) introduced a proposition for insertion in the Constitution relative to prohibition (file No. 52), which was read a first and second time by its title and referred to committee on schedule, future amendments and miscellaneous.

Mr. KIMBALL (Weber). It is sometime since, there was a proposition offered here in the shape of a petition by the ladies of Weber County that went over until this time. I call your attentention to the fact that it went over to this time, so that can be attended to now.

Mr. RICHARDS. Mr. President, my recollection is, that that communication was referred to the committee on elections and right of suffrage.

Mr. KIMBALL (Weber). You are mistaken; I raised the point of order myself, and it went over on the point of order until this time.

Mr. EVANS (Weber). With respect to the matter of prohibition, not the question of suffrage; that memorial was referred to the committee on election and right of suffrage.

Mr. Stover introduced a proposition for insertion in the Constitution (file No. 53), relative to inspection of public institutions, which was read a first and second time by its title and referred to committee on corporations other than municipal.

Mr. Varian introduced a proposition for insertion in the Constitution relative to the community system (file No. 55) which was read a first and second time by its title and referred to the committee on legislative.

Mr. Varian introduced a proposition for insertion in the Constitution relative to the taxation of mines (file No. 56), which was read a first and second time by its title and referred to commitmittee on revenue, taxation and public debt.

Mr. Warrum offered a proposition for insertion in the Constitution relative to the judiciary (file No. 57), which was read a first and second time by its title and referred to the committee on judiciary.

Mr. Warrum introduced a proposition for insertion in the Constitution relative to public lands (file No. 58), which was read a first and second time by its title and referred to the committee on public lands.

Mr. Warrum introduced a proposition for insertion in the Constitution relative to finance and State debt (file No. 59), which was read a first and second time {158 - COMMITTEE CLERKS}

by its title and referred to committee on revenue, taxation and public debt.

Mr. Pierce introduced a proposition for insertion in the Constitution relative to a system of education (file No. 60), which was read a first and second time by its title and referred to committee on education and school land.

Mr. Kiesel offered the following resolution:

Resolved, that the Hon. Secretary of the Territory be requested to pay members of this Constitutional Convention their per diem and mileage, when requested; provided, he has the authority to do so.

Seconded.

Mr. EICHNOR. Wasn't Mr. Kiesel's motion seconded?

Mr. KIESEL. Mr. President, I move to adopt the resolution.

Seconded.

Mr. IVINS. Mr. President, I maintain that this motion is entirely out of order.

The PRESIDENT. The motion before the house is Mr. Ivins' motion in regard to the typewriting machines.

Mr. SQUIRES. Mr. President, I understand that these machines shall be hired, not purchased.

The PRESIDENT. Yes, sir.

Mr. IVINS. They are to be obtained as I stated on the best terms obtainable; I expect we will have to pay something for them; I understand the rental will be small.

The PRESIDENT. You have heard Mr. Ivins' motion.

Mr. MORRIS. Mr. President, I will furnish one machine without any pay.

Mr. EVANS (Weber). Mr. President, if Mr. Morris tenders one free of charge, I move that in the motion we tender him our thanks.

The PRESIDENT. Gentlemen, you have heard the motion. When you vote aye, please include that part of it.

The motion was agreed to.

Mr. KIESEL. Mr. President, I renew my resolution. I offer this resolution in the interest of some members that would like to have a little ready cash, and it is simply a request to ask the secretary if he can do so, to comply with it. Of course, I do not know how far his power goes in the premises. We can certainly, as a Convention, request it if it is in his power, and I move, to adopt the resolution.

Seconded.

Mr. LOW (Cache). Mr. President, I wish to offer an explanation of this matter. I spoke personally to the secretary of the Territory about the matter, and he said that the means were not available at present, but as soon as they were, he would notify the delegates and the Convention. Furthermore, he would send them instructions how to proceed to obtain their mileage. He has not yet sent it, but I presume he will.

The PRESIDENT. There is no necessity of encumbering our record with this after this explanation,

Mr. KIESEL. I will withdraw the resolution.

Mr. WELLS. Mr. President, I move that there be another committee clerk employed. We have not been able to get one for our committee on preamble and declaration of rights. Each time when we have sent for one, she has been engaged, and I recommend the appointment. {159} I nominate for the position of committee clerk, Miss Charlotte Reese.

Mr. EVANS (Weber). We have not the sense of the Convention yet, whether we will have another.

Mr. CANNON. Mr. President, it was before decided that we should employ three committee clerks. The time when we should nominate them was the only thing omitted. The clerks were named the other day, and I think Mr. Wells' motion is entirely in order.

Mr. CRANE. Mr. President, I understood that these committee clerks_the next one to be appointed or elected must be a stenographer.

Mr. WELLS. Mr. President, I cannot answer the question, but we do not need a stenographer so much as a typewriter.

Mr. CRANE. Mr. President, I take pleasure in placing in nomination Miss Emma Madison. She

is quite an accomplished young woman and a good stenographer.

Mr. EVANS (Utah). Mr. President, I arise to a point of order_that we did determine upon three committee clerks at such time as we needed them, but it has not been determined whether now is the time or not. Before we can proceed any further, it must be determined whether we want them at this time or not.

Mr. WELLS. Mr. President, I move that it be determined that now is the time and now is the hour. If there ever was a time when we needed committee clerks, it is right now in formulating this Constitution.

Seconded.

Carried on a rising vote of 57 ayes and 32 noes.

Mr. WELLS. Mr. President, I nominate to the position of committee clerk Miss Charlotte Reese.

Mr. CRANE. Mr. President, I place in nomination the name of Miss Emma Madison. She is a stenographer and typewriter, and I desire to say for her, that she is the only support of a widowed mother and five little sisters who are depending entirely upon her for their support this winter.

Mr. EICHNOR. Mr. President, I desire to place in nomination Miss Florence Hartley, who is a stenographer and typewriter.

Mr. KIESEL. Mr. President, to make a little change, I nominate a gentleman this time, Mr. L. C. Johnson.

Mr. STOVER. Mr. President, I withdraw the name of Mr. Johnson. I offered his name before_a gentleman capable of taking care of twenty committees. I am opposed to having any more committee clerks at this time, and I withdraw Mr. Johnson's name.

Mr. GOODWIN. Mr. President, I wish to second the nomination of Miss Emma Madison. I know she is a fine stenographer and typewriter, has a new machine, and she is as bright as a dollar, notwithstanding she was in my employ for two years.

Mr. MURDOCK (Wasatch). Mr. President, I move the nominations be now closed.

Carried.

Mr. WELLS. Mr. President, I desire to state that the lady whom I nominated, Miss Reese, is a good stenographer. I did not make that statement at the time.

Mr. PIERCE. Mr. President, Miss Hartley is also a good stenographer, and has been a court reporter in one of the district courts in Kansas for a good many years, and never makes any mistakes, I am told.

The PRESIDENT. The roll will be called.

Mr. HART. Mr. President, I suggest we vote on this by a standing vote. We can do it so much quicker. I suggest that those in favor of one candidate rise up and be counted, and then the next, and so on.
{160}
Mr. EVANS (Utah). Mr. President, I would like to hear the names read.

Mr. GOODWIN. Mr. President, I second Mr. Kimball's motion.

The PRESIDENT. The motion before the house is that we proceed in the election by the calling of the roll and that each member announce his candidate.

The secretary will please call the roll.

The secretary then called the roll.

Mr. BOYER. Mr. President, not being acquainted with either of the candidates that are in nomination for the minute clerk, I desire to retain my vote and cast it with the losing party, as I am ever in the minority, seemingly.

The PRESIDENT. The privilege shall be granted the gentleman if there is no objection.

Mr. CANNON. Mr. President, I think that the Convention thus far has followed the rule of electing ladies who are present. For this reason, and hoping that my candidate will win, I vote for Miss Reese.

Mr. EVANS (Weber). Mr. President, I ask to be excused from voting, upon the ground that I believe that we already have enough committee clerks, and think it is an additional expense that is entirely unnecessary. If I am not excused, however, I will vote.

The PRESIDENT. The secretary will note the gentleman's statement.

Shall the gentleman be excused from voting?

Mr. GOODWIN. Who is the gentleman going to vote for? If he is not going to vote for my girl, I move he be excused.

Mr. LOW (Cache). Mr. President, I move he be excused.

The PRESIDENT. The gentleman is excused.

Motioned seconded.

Mr. PIERCE. Mr. President, I arise to a point of order. The motion cannot be put in this manner_unless some individual wants to be excused.

Mr. IVINS. Mr. President, I desire in explanation of my position to say that we have two committee clerks. They are both stenographers, and none of the committees with which I am in any way connected have, as yet, needed the services of a clerk, that they could not readily get one. I think that at this juncture there is no necessity for another clerk, consequently, I wish to be excused from voting.

The PRESIDENT. Shall the gentleman be excused? All in favor will say aye; contrary, no.

The gentleman is excused.

Mr. JAMES. Mr. President, I wish to be excused from voting, for the reason that up to the present time, I have had in the committees a gentleman who has compiled the great bulk of the clerical work that we have had to do before that committee, and of course, I shall present a bill for his time to this Convention, and if they don't pay it, I will have to pay it myself, but I do not think that there is any necessity for another clerk.

The PRESIDENT. Do you want to be excused from voting?

Mr. JAMES. Yes.

The PRESIDENT. The gentleman is excused.

Mr. PARTRIDGE. Mr. President, it was stated here yesterday, when two committee clerks were elected, that there was a gentleman who was proposed, who had worked for twenty or twenty- four committees_

Mr. WELLS. Mr. President, I arise to a point or order. If the gentleman does not wish to vote, it seems to me, he can state he desires to be excused.

Mr. PARTRIDGE. I desire to be excused from voting on this question.

Mr. EVANS (Weber). Mr. President, the rules give the gentleman two minutes to explain his vote.
{161}
The PRESIDENT. That is correct.

Excused.

r WARRUM. Mr. President, I ask to be excused on the ground that I do not know the parties nor their qualifications for the place.

Excused.

Mr. THORESON. Mr. President, I wish to be excused from voting on this question, for the reasons that have been stated.

Excused.

Mr. BOYER. Mr. President, I desire to have my vote cast with the losing party, for I believe that this thing should not be done, and I do not desire to have any hand in the election of another clerk.

Mr. THOMPSON. Mr. President, I arise for information. Is it contemplated that these committee clerks serve us during the session of the Convention, or such length of time as we need their services?

The PRESIDENT. As the chair understands it, these committee clerks are to meet the wishes of the committees in their sessions at such time as may be appointed by the various chairmen, the matter being arranged to work equitably so far as they can. They cannot all have a committee clerk at the same time, but none of the committees are in session here now except the committee on rules; they are permitted to meet any time without special permission.

The result of the vote was as follows:

Miss Madison, 45.
Miss Reese, 35.
Miss Hartley, 11.
No election.

Mr. RICKS. Mr. President, I move we adjourn until 2 o'clock to-morrow. Seconded.

Mr. MURDOCK (Beaver). I wish you would withhold that motion for a moment.

Mr. CRANE. If the mover of the motion to adjourn will withhold the motion one moment_two or three of the committees have not been able to secure the services of a clerk, and I would move_

Mr. IVINS. Mr. President, I arise to a point of order. There is a motion before the house to

adjourn. The gentleman has no right to, make another motion.

Mr. SQUIRES. I ask the gentleman to withhold his motion to adjourn. I have a resolution on the table that was sent up as soon as we opened on this day. It has not been reached.

Mr. RICKS. I will withhold it for that purpose.

The secretary then read the following resolution:

Resolved, that the committee on accounts and expenses be instructed to investigate the cost of arranging the furniture and preparing the Convention hall and committee rooms for the use of the Convention, and report the amount to the Convention.

Carried.

Mr. RICKS. Mr. President, I renew my motion.

The Convention then at 4:46 o'clock p. m. adjourned.