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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 and the following members found in attendance:

Adams
Anderson
Bowdle
Boyer
Brandley
Button
Buys
Call
Christianson
Coray
Corfman
Crane
Creer
Cunningham
Cushing
Driver
Eichnor
Eldredge
Engberg
Evans, Weber
Evans, Utah
Francis
Goodwin
Green
Hammond
Hart
Haynes
Halliday
Hill
Howard
Hughes
Hyde
Ivins
Jolley
Keith
Kearns
Kerr
Kimball, Salt Lake

Prayer was offered by Rev. J. D. Gillilan, of the Methodist Episcopal Church.

The journal of the fifteenth day's session was read and approved.

Mr. CORAY. Mr. President, I would suggest that all the matter on page 66 (of the journal) be stricken out, except the last which constitutes the signature and the motion to adjourn. It is entirely superfluous, and I think there is no sense in political buncombe being inserted in the minutes of this Convention.

The PRESIDENT. The gentleman's motion is out of order. It will take a motion to consider this, inasmuch as it was passed upon, as I understand it, by the Convention previous to being entered upon the record.

Mr. EVANS (Weber). Mr. President, I think an explanation is due from the {216 - MEMORIALS} gentleman from Juab for the disrespectful language he has used toward one of our sick delegates. I do not know what he means when he says it is political buncombe. There is nothing in it of a political nature that I can conceive. Moses Thatcher is suffering with severe physical infirmities. He wrote a respectful letter to the president of the Convention, in respectable language. It in a spirit of justice was printed, and why one member should stand upon this floor under these circumstances and brand it as political buncombe, is something I am unable to understand. I think the gentleman ought to explain. If he can point out the politics in it, I would like to hear it.

Mr. SQUIRES. Regular order. Presentation of petitions and memorials.

Mr. Call presented a memorial from the women of Davis County, praying for equal suffrage.
The same was read and referred to the committee on elections and rights of suffrage.

Mr. HYDE. Mr. President, I have a petition from the women of Juab County which I desire to have read and referred to the committee on elections and rights of suffrage.

The same was read by the secretary as follows:

GENTLEMEN: We, your petitioners, women residents of Juab County, Utah Territory, being over the age of eighteen years. respectfully ask your honorable body to insert into the Constitution to be by you framed for the new State of Utah, such provisions as will give to the women the same rights of suffrage as now possessed by the men of the Territory, and your petitioners will ever pray.

Reports of standing committees.

Convention Hall, March 19, 1895.

MR. PRESIDENT:

Your committee on education and school lands report that they have had under consideration the various petitions and propositions referred to them, and herewith submit to you a substitute proposition, and they recommend that the substitute be put upon its passage and become a part of the Constitution.    

PIERCE,

Chairman.

Mr. THORESON. I would like to ask the chairman of this committee if it is reported unanimously.

Mr. PIERCE. Yes, sir; there were no objections to it.

The PRESIDENT. It will go upon the calendar.

Mr. WELLS. Mr. President, under the rule, as I understand it, this matter is referred to the printing committee and then goes to the committee of the whole; when it comes from the committee of the whole it goes on the calendar for third reading. Now, I want to know when it receives its second reading.

Mr. PIERCE. Mr. President, in order to relieve the difficulty that Mr. Wells suggests, I now move you that it be read the first and second time by its title, and then referred to the committee of the whole.

Mr. SQUIRES. Mr. President, if that is in accordance with the rule under which we are working, I do not see the necessity of any motion. It should be read the first and second times now.

Mr. HART. Mr. President, it will already be considered as having been read the first and second times for the reason that it is a substitute for bills that have been read a first and second time; otherwise, any amendment made to a bill upon the third reading or a substitute offered upon this floor of the house, presented upon the third reading, would have to be read a first and second time.
{217 - PROPOSITIONS}
Mr. PIERCE. Mr. President, I do not see the necessity of this motion, but inasmuch as the gentleman from the fourth precinct of this city suggested it, I thought perhaps that I would relieve the difficulty, and it strikes me that the remarks made by the gentleman from Cache are pertinent to the question, and that it would now simply go to the committee of the whole under the rules.

Mr. THURMAN. Mr. President, it depends altogether upon how this measure is reported by the

committee. Has the committee reported it as a substitute?

The PRESIDENT. That was the statement.

Mr. THURMAN. Then it has passed its first and second reading?

The PRESIDENT. It will go to the committee on printing and be printed, and under the rule, go to the committee of the whole as I understand it.

Mr. THURMAN. Let me ask one question. Mr. President. This matter that has just been referred to the committee of the whole_does it state what it is a substitute for?

The PRESIDENT. It says under the proposition presented to the committee for consideration.

Mr. THURMAN. It ought to state what it is a substitute for, it seems to me, and mention that. Men here have a right to know what has become of their propositions. The house has a right to know whether they have been considered or not. If it states that it is a substitute for propositions, naming them, it shows that the committee has considered the proposition.

The PRESIDENT. Did you call for the reading of the committee report?

Mr. THURMAN. I would like to hear the report read.

Mr. SQUIRES. Mr. President, before this reading, I would like to ask consent of this Convention to allow Mr. Westerfield and Mr. Wenger, of Salt Lake, seats on the floor of this Convention.

The PRESIDENT. If there is no objection the gentlemen will be permitted to occupy seats upon this floor.

Mr. LUND. Mr. President, I would like to ask the privilege for the superintendent of schools from Sanpete, Mr. Green.

The PRESIDENT. The privilege will be granted if there is no objection.

Mr. HILL. Mr. President, I would like to have the privilege extended to Col. Sells to occupy a seat on the floor of this Convention.

The PRESIDENT. Permission will be granted without there is objection.

The secretary will read this report.

The PRESIDENT. It has gone to the proper committee.

Introduction of ordinances and propositions for insertion in the Constitution.

Mr. CANNON. Mr. President, I move that the rules be suspended on all propositions introduced to-day, and that unless the reading be called for, they be read twice by their titles and referred to the appropriate committees.

The motion was carried.

The proposition of Mr. Green, above referred to, was read by the secretary as follows:

IRRIGATION.

Section 5. The water of every natural stream, not heretofore appropriated, within the State of Utah, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the State, subject to appropriation as hereinafter provided.

Section 6. The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose; and those using the waters for agricultural purposes shall have preference over {218 - MOTIONS} those using the same for manufacturing purposes.

Section 7. All persons and corporations shall have the right of way across public, private, and corporate lands for the construction of ditches, canals, and flumes; for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage, upon payment of just compensation.

Section 8. The general assembly shall provide by law that the board of county commissioners, in their respective counties, shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water, whether furnished by individuals or corporations.

Mr. Francis introduced a proposition on bills and amendments of law, which was read a first and second time by its title and referred to the committee on legislative.

Mr. Robison, of Wayne, introduced a proposition on public indebtedness, which was read a first and second time by its title and referred to the committee on revenue, taxation and public debt.

Mr. Johnson introduced a proposition on water and water rights, which was read.

The proposition of Mr. Johnson was read a second time by its title and referred to the committee on water rights, irrigation and agriculture.

No appropriation shall be made for charitable, industrial, educational, or benevolent purposes, to any person, corporation, or company in or under the absolute control of the State, nor to any denominational or sectarian institution or association.

Said proposition was read a second time by its title and referred to the committee on revenue, taxation and public debt.

Motions and resolutions.

Mr. PAGE. Mr. President, as chairman of the committee on federal relations, I wish to state that the committee on federal relations find that their duties conflict somewhat with those of the committee on ordinances, and in the interest of the saving of time, especially on the floor of the committee, they have concluded that it would be best to act together with reference to any such matter that may be brought before them, and ask that the consent of this Convention be given that they may so consider such matters and report jointly thereon.

Mr. HEYBOURNE. Mr. President, in relation to the matter that the gentleman has just spoken on, I would say that the committee on ordinances have had this matter under advisement and are very near ready to report upon the subject matter that was entrusted into their charge, but have learned that there was likely to be a little conflict between them and the committee on federal relations, and as the gentleman has stated I believe I voice the sentiment of the committee in this regard, that it would be a matter of economy as well as the saving of time to allow these two committees to report together upon the subject matters that have been entrusted into their hands. Therefore, if the gentleman has made the motion, I wish to second it.

The PRESIDENT. If there is no objection, these committees will be permitted to act in harmony with each other.

Mr. Squires offered the following:

Resolved, that after the 25th day of the session no proposition for insertion in the Constitution shall be received.

Mr. RICKS. Mr. President, as I understand it, the majority of the committees have advanced their work very materially, in fact, many of them are just about ready to report, and believe it would be proper to limit to a less time than the gentleman has mentioned, and I will move to amend the proposition by naming the 20th day instead of the 25th.

Mr. EVANS (Weber). Mr. President, I would like to support the motion, but I would like to have a little amendment to it: “Unless by the consent of the Convention;” I do not think the rule ought to be made iron-clad, so that it would absolutely preclude the introduction of any matter. That would practically cut everything off, unless the Convention consented that something else might be included. I therefore move to amend with the words, “without the consent of the Convention,” be added to it.

Mr. SQUIRES. Mr. President, I accept the amendment of the gentleman on my right, but I want the rule made iron-clad. I think we will get enough propositions here by the 20th to frame constitutions for three or four states.

Mr. JAMES. My reason for seconding the amendment, Mr. President, is this; it does not bar any gentleman in this Convention from bringing before a committee any report on any matter that he wishes to call the committee's attention to, and the matter going to the Convention simply gives to it another form and finally lands in the committee.

Mr. HART. Mr. President, I move that we refer the question to the committee on rules.    .

Mr. ANDERSON. I would like to ask if this resolution is adopted if it would prevent a person from introducing an amendment when the committee should report?

The PRESIDENT. No, it is only on the introduction of more matter, or the presentation of new matter to be inserted.

Mr. EVANS (Weber). I fully agree with the idea of the gentleman about these general propositions being introduced, and I think they ought to be cut off. But, we will find when we come to make up the Constitution that perhaps something has been omitted that is not reported from any of the committees at all, which ought to be inserted in the Constitution_something that is required by the Enabling Act. That would be a proposition for insertion in the Constitution, and yet if we take this action, we would be precluded from introducing it. But, in matters of absolute necessity I say, where something might have been overlooked, I think that ought to be introduced. It may be the only way by which we could get it into the Constitution, because the committees may not report upon it at all.

Mr. SQUIRES. Mr. President, I cannot see the necessity of the remarks of the gentleman from Weber. The report of my committee of an article of the Constitution is subject to such an amendment, and if anything in the report of that committee has been omitted either by carelessness or negligence, or any other way, it can certainly be substituted and added to the report of that committee and made a part of the Constitution. I want to shut off {220} this tide of propositions that are coming in here every day from other state constitutions. If nothing had been

presented except new matter, I would have been the last man to arise and attempt to check it, but these propositions mostly are copied by the parties out of books that we have access to, and every committee has access to, and it only lumbers up our details and consumes the time of the committees, and I hope the Convention will see it in the same light and make this rule iron-clad, that after the twentieth day's session no new propositions shall be presented to the Convention for adoption. If there is any new matter it can be presented to the committees after that date and considered by them.

The PRESIDENT. The question is on the motion of Mr. Hart to refer to the committee on rules.

Lost.

The PRESIDENT. The question is on the amendment offered by Mr. Evans. Lost.

The resolution was adopted.

Mr. EVANS (Weber). Mr. President, I desire to introduce the following resolution:

Resolved, that the delegate from Juab county, Mr. Coray, be called before the bar of this Convention by the President to explain what, if any reason, he had for using disrespectful language in his statement wherein he said in substance that the letter of a fellow delegate, Mr. Moses Thatcher of Cache, should be stricken from the minutes for the reason that the same is political buncombe, and if no sufficient reason be given therefor, said delegate be required to withdraw the language used.

Mr. ROBERTS. I second the motion.

Mr. EICHNOR. Mr. President, I move to lay the resolution on the table.

SEVERAL DELEGATES. Second the motion.

The PRESIDENT. Gentlemen, you have heard the motion to lay this resolution on the table. All in favor say aye.

Mr. CREER. Mr. President, I call for the ayes and noes upon that.

The PRESIDENT. The ayes and noes are called for.

Mr. EVANS (Weber). Mr. President, the chair had recognized me, I had a second to the motion, and I had the floor. I desire to make some remarks upon it. The gentleman simply took me from my place and interposed a motion before any remarks had been made. I now ask respectfully the attention of the chair to the place which I occupied. I had been recognized and was waiting for the chair to put the motion so that I might make a remark.

Mr. EICHNOR. Mr. President, I arise to a point of order. In the first place, this motion to lay a

proposition or resolution upon the table is not debatable. In the second place, I was recognized by the president. I was standing here, and waited until the president recognized me, and then I made the motion. I think my motion is properly before the house, and I claim the gentleman from Weber County is out of order.

Mr. EVANS (Weber). I arise, Mr. President, to a question of personal privilege. I admit the motion to lay upon the table is not debatable, but I had the floor; I was recognized.

The PRESIDENT. The gentleman had taken his seat.

Mr. EVANS (Weber). The gentleman simply rose in his place while I had the floor. There was nothing_     

Mr. EICHNOR. You don't dispute that I was recognized by the president?

The PRESIDENT. This is all out of order. This thing has been passed upon.

Mr. BUYS. Mr. President, I would like to hear the resolution read again before passing upon it.

The PRESIDENT. It has been tabled.
{221}
Mr. CREER. I called for the ayes and noes before the result was announced.

The PRESIDENT. I had not announced the result. The ayes and noes were called for. The secretary will call the roll.

Mr. EVANS (Utah). Mr. President, I would like to know if the ruling of the chair is that when there is a proposition introduced, or resolution properly seconded, while the mover of that resolution has the floor, if a member has the right to jump up and move that it be tabled. Do I understand that that is the ruling of the chair upon this question?

The PRESIDENT. The ruling of the chair is_

Mr. SQUIRES. Mr. President, I arise to a point of order. There is nothing before the house but the roll call. This is a hypothetical question the gentleman is trying to get a decision on, just as a gentleman did yesterday, who was called down by a member of his own party.

Mr. EVANS (Utah). Mr. President, I simply ask for information,

Mr. EVANS (Weber). Mr. President, I rise to_     

The PRESIDENT. The ayes and noes are called for.

Mr. EVANS (Weber). Mr. President, I simply arise to a question of personal privilege before the roll call, and I desire to explain to the chair and my fellow delegates that the summary treatment

which I have received I think is unmerited. I do not desire anything of a political nature in this thing. My idea was simply to remove any idea which any delegate might have entertained respecting that matter; and since I have not been permitted to speak, I want to say this, further, by way of personal privilege, that_

Mr. SQUIRES. I admit that the gentleman is arguing the main question_

Mr. EVANS (Weber). I do not intend to.

Mr. SQUIRES._Under the cloak of a personal privilege. He is not in order, clearly.

Mr. EVANS (Weber). I am not doing it. Gentlemen, if you want to throttle me, you can do it. You have the power. Proceed, if you desire. If you don't want to treat a gentleman here upon the floor with respect, I can stand it, if you can. Here is a man lying sick, and suffering. He was insulted_

The PRESIDENT. I think the gentleman should not discuss this proposition. It has been passed upon. The question is the vote by the ayes and noes_the calling of the roll.

Mr. THORESON. Mr. President, I call for the reading of the resolution. Let us know what we are voting on. We could not hear the reading from here.

The PRESIDENT. The question being called upon is the tabling of it.

Mr. BOYER. I call for the reading of the motion we are about to vote upon.

Mr. JAMES. I call for the regular order of business.

The PRESIDENT. The ayes and noes are the regular order.

Mr. HART. Mr. President, I would like to have a ruling on that before the secretary calls the roll. I would like the chair to give a ruling upon that_whether the gentlemen are to be compelled to vote upon a question without knowing what they are voting upon. I think it is a personal privilege of every member here before he votes, to know what he votes for.

The PRESIDENT. He is voting upon the proposition of tabling the resolution of Mr. Evans.

Mr. HART. I ask to have the resolution read, Mr. President.

The PRESIDENT. The resolution shall be read.

The secretary then read the resolution.

Mr. BOYER. Mr. President_     

The PRESIDENT. Yes, sir.

The secretary then called the roll and the vote was as follows:

AYES_54.
Adams
Allen
Anderson
Bowdle
Brandley
Button
Cannon
Chidester
Christianson
Clark
Coray
Crane
Cushing
Driver
Eichnor
Eldredge
Emery
Farr
Gibbs
Goodwin
Green
Haynes
Hill
Hyde
James
Jolley
Keith
Kearns
Kimball, Weber
Lambert
Larsen, L.
Larsen, C. P.
Lowe, Peter
Lund
Mackintosh
Miller

NOES_44.
Barnes
Boyer
Buys
Call
Corfman
Creer
Cunningham
Engberg
Evans, Weber
Evans, Utah
Francis
Hammond
Hart
Halliday
Heybourne
Howard
Hughes
Johnson
Kerr
Kimball, Salt Lake
Lemmon
Lewis
Lowe, Wm.
Lowe, Cache
Maeser

The PRESIDENT. The resolution is tabled.

Mr. SQUIRES. Mr. President, I move we adjourn.

Mr. ELDREDGE. Before that motion is put, I would like to ask to be excused to-morrow from attending the session.

The PRESIDENT. If there is no objection the gentleman will be excused. The Convention then adjourned.