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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.

SIXTY-FIRST DAY.


FRIDAY, May 3, 1895.



The Convention was called to order at 9 a. m., President Smith in the chair.

Roll call showed a quorum present.

Prayer was offered by Delegate Preston.

Journal of the sixtieth day's session was read and approved.

The president appointed, as a committteeto prepare an address to be submitted with the Constitution to the people of the Territory, the following delegates: Messrs. Goodwin, Whitney, Crane, Thurman, Wells, Kerr, and Brandley.

The PRESIDENT. The business in hand, I believe, is the reading of the Constitution now

Section 8 of Article VII was read.

Mr. RICHARDS. Mr. President, I move that the first word in the last line “hereinbefore,” be stricken out. It is, needless and meaningless.

The motion was agreed to.

Sections 9, 10, and 11 were read.

Mr. WHITNEY. Mr. President, I suggest an amendment in line 8, striking out of the word “the” where it occurs before the word “governor.”

The amendment was agreed to.

Mr. RICHARDS. Mr. President, I move to strike out the word “and,” in line 18, of section 11.

The motion was agreed to.

Mr. CRANE. Mr. President, I think the word “and” should not be stricken out. I move to reconsider that.

Mr. RICHARDS. Mr. President, I desire to state why I made the motion. It seems to me that it is not necessary in this Constitution that we should require the governor or the secretary of state to receive the salary. It is necessary that we should declare that he shall be entitled to it, and we do declare that he shall be entitled to it, but when we insert the word “and,” we then not only say that he shall be entitled to it, but that he shall receive it.

Mr. CRANE. I fail to see the point of that argument.



Mr. HAYNES. Mr. President, I move to strike out the word “receive.” If the secretary of state is entitled to the salary, he will come pretty nearly receiving it.

Mr. HILL. Wouldn't you prefer that he did not receive the salary?

Mr. HAYNES. No; I would prefer that he get it.

Mr. CHIDESTER. I arise to a point of order, that that is a material amendment and cannot be introduced.

The PRESIDENT. It is not very material.

Mr. CRANE. I trust, Mr. President, that these words will not be stricken out. It seems to me to make very good sense now, the way it reads, and I {1803} presume that no gentleman here will presume for a moment to suppose that the secretary or the governor will not receive his salary if he is entitled to it.

Mr. SQUIRES. I just want to remind the Convention of the fact that the words as they appear in the printed copy are exactly as the Convention adopted them. There has been no changing by the committee.

The motion to reconsider was rejected.

Mr. HAYNES. Now, I renew my motion to strike out the word “receive.”

Mr. CHIDESTER. That is out of order. That is an amendment to the section as it reads.

The point of order was overruled.

Mr. CANNON. Mr. President, I am in favor of striking this out, because I believe the meaning to be the same, and it is a little smaller.

Mr. CRANE. Mr. President, I think myself, as we have stricken out the word “and,” that” receive” should also be stricken out, to make good sense.

Mr. WHITNEY. Mr. President, I think I should favor that motion, striking out the word “receive.”

The amendment of Mr. Haynes was agreed to.

Sections 12 and 13 was read.

Mr. RICHARDS. It seems to me that ought to be “those for.” I therefore move that the words “those for” be substituted for “those of.”


Mr. HART. Why wouldn't the word “for” be sufficient, instead of the words “those of?”

Mr. RICHARDS. I accept the amendment.

The amendment was agreed to.

Sections 14, 15, 16, 17, 18, 19, and 20 were read.

Mr. JOLLEY. Mr. President, I move that we suspend the rules and raise the salary of the governor from two thousand dollars per annum to twenty-five hundred dollars per annum.

The question being taken on the motion to suspend the rules, the Convention divided, and by a vote of 43 ayes ayesto 34 noes, the motion was rejected.

Mr. SQUIRES. Mr. President, I move that the comma, after the word officers, in the 8th line from the bottom, on page 25, be stricken out.

The motion was rejected.

Mr. WHITNEY. Mr. President, I move to insert the word “in” after the word “and,” in line 3, section 20.

The amendment was agreed to.

Mr. WHITNEY. I move, in the same line, to strike out the words “in pursuance of,” and insert the words,, “pursuant to.”

The amendment was agreed to.

Sections 21, 22, and 23 were read.

Mr. RICHARDS. Mr. President, I move that the word “specific,” in the last line of section 19, be stricken out.

Mr. EICHNOR. Mr. President, I am opposed to that motion to strike out. The idea of this section is that no other duty except educational duties shall be placed upon the superintendent of public instruction.

Mr. RICHARDS. I would ask Mr. Eichnor what difference there is in the meaning of this section by the insertion of the word “specific” or leaving it out?

Mr. EICHNOR. I think the word “specific” would limit the duties that might be placed upon him.

The motion was agreed to.


Mr. HAMMOND. Mr. President, I move to strike out the word “but,” in the last line on page 25.

The motion was rejected.

Mr. PAGE. Mr. President, I move to strike out the word “shall,” in the second line from the bottom of section 16.

The motion was rejected.

Mr. WHITNEY. Mr. President, I move the reconsideration of the vote on the motion put by the gentleman from San Juan.

The word “but” occurs in the fourth line from the bottom, on page 25, and I {1804} think if we should close the sentence with a period, and strike out the word “but,” as he suggests, it would read better. Strike out the word “but,” and begin the sentence with the words, “the Legislature.”

The motion was agreed to.

The amendment was agreed to.

Mr. CORAY. Mr. President, I move that the word “prescribe,” in section 17, the last line, be stricken out, and insert the word “provided.”

The motion was agreed to.

Article VIII, judicial department, was then taken up for consideration. Sections 1 and 2 were read.

Mr. HART. Mr. President, on page 27, third line from the top, I move to strike out the word “make,” and Insert in lieu thereof the word “form.”

The question being taken on the amendment, the Convention divided, and by a vote of 31 ayes to 16 noes, the motion was agreed to.

Mr. SQUIRES, Mr. President, I move a reconsideration of the vote by which the word “make” was changed to “form.”

The question being taken on the motion to reconsider, the Convention divided, and by a vote of 30 ayes to 21 noes, the motion was agreed to.

Mr. HART. Mr. President, as I understand it, my motion is now before the house. This correction is very largely a matter of taste. It seems to me that the word “form” makes the sentence altogether smoother and is much preferable to the word “make.”

Mr. SQUIRES. Mr. President, I made that motion in order to give Mr. Whitney an opportunity to

debate that subject.

Mr. WHITNEY. Mr. President, I have no speech to make on the subject. I think probably the gentleman is right, that probably the word “form” is a little more elegant than “make.” I had just as lief vote for it as not.

Mr. SQUIRES. Mr. President, I apologize; it is a case of misplaced confidence.

The amendment of Mr. Hart was agreed to.

Mr. CRANE. Mr. President, I move to strike out the word “pronounce,” in the third line, page 27, and insert the word “render” in lieu thereof.

The amendment was agreed to. Sections 3 and 4 were read.

Mr. CORAY. Mr. President, I ask that the foreign phrase be stricken out of this section, and good plain English substituted.

Mr. HART. I ask the gentleman to suggest the good plain English to be substituted for these words.

Section 5 was read.

Mr. RICHARDS. Mr. President, I move to transpose the words “who must be a member of the bar,” from the third and fourth lines from the close of the paragraph, and have them come in after the word “record,” in the second line.

Mr. WHITNEY. I asked the gentleman if that would not produce ambiguilty[*note*]? “And who's would then refer to attorneys of record, instead of judge pro tempore.

Mr. RICHARDS. That may be so; the amendment proposed was proposed very hastily, of course.

The PRESIDENT. Do you withdraw it?

Mr. RICHARDS. Yes.

Mr. WHITNEY. Mr. President, in line 8 of section 5, I would suggest the striking out of the word “the,” before district court, and a substitution of the word “a” in lieu thereof.

The motion was agreed to.

Mr. LAMBERT. Mr. President, in line 10 of section 5, I move to insert the words “Territory or” before the word “State,” and the words “of Utah” after the word “State.”

The amendment was agreed to.



Mr. THURMAN. Mr. President, the last line of section 5 seems to me to be slightly ambiguous as it is. “Any {1805} cause in the district court may be tried by a judge pro tempore, who must be a member of the bar, agreed upon by the parties or their attorneys of record, who shall be sworn to try the cause.” The question is, what does “who” refer to? It is intended to refer to the judge pro tempore, but in fact, it refers to attorneys of record.

Mr. SQUIRES. I suggest that we might transpose that so as to put, “who shall be sworn to try the cause” after the words “pro tempore,” and strike out the words “who shall be.”

The amendment was agreed to.

Mr. CRANE. Mr. President, then I move to transpose those words, and make it “Territory or State of Utah.”

The amendment was agreed to.

Mr. HART. Mr. President, I move to insert, after the word “years,” in the same line, the words, “next preceding his election.”

The amendment was agreed to.

Mr. WHITNEY. Mr. President, I supported the amendment offered by Mr. Squires to the last sentence of that section. I now move a reconsideration of that vote, and to strike out all after the word record, in the last line but one of section 5, and insert after the word “bar,” in line 17, the words, “sworn to try the cause.”

The motion to reconsider was agreed to.

The amendment was agreed to.

The Convention then took a recess until 2 o'clock.

AFTERNOON SESSION.

The Convention re-assembled at 2 o'clock p. m., President Smith in the chair.

The consideration of Article VII was resumed.

Sections 6, 7, 8, 9, 10, 11, 12, 13, and 14 were read.

Mr. SQUIRES. Mr. President, I move that the word “prescribed,” in the last line of section 14, be stricken out, and the word “provided” be inserted in lieu thereof.

The amendment was agreed to. Sections 15 and 16 were read.


Mr. SQUIRES. Mr. President, I move that the word “courts,” in the second line in this section, be stricken out and the word “districts” be inserted.

The amendment was agreed to. Sections 17, 18, and 19 were read. Section 20 was read.

Mr. BOYER. Mr. President, I move that the rules be suspended for the purpose of reconsidering section 20 of this article, and offer as an amendment to section 20, that the words “three thousand,” in third line, be stricken out, and the words “twenty-seven hundred” be inserted in lieu thereof.

Mr. GOODWIN. Mr. President, I hope the Convention will not accede to that. There is barely a quorum present. We went over that and decided it two or three times, and I hope that this section will not be altered now.

The motion was rejected.

Mr. SQUIRES. Mr. President, I move to insert the article “the” before the word “salaries,” in line 1 of section 20.

The question being taken on the amendment, the Convention divided, and by a vote of 25 ayes to 18 noes, the motion was agreed to.

Mr. SQUIRES. Mr. President, Judge Goodwin, of the committee on compilation, suggests that there are too many articles in this Constitution now, so I move that we strike out the article “the” in the second line.

The amendment was agreed to.

Section 22, 23, 24, 25, and 26 were read.

Mr. GOODWIN. Mr. President, I wish the Convention would consider section 5 for a moment. When this article was drafted, the understanding was that the election for district judges and supreme judges would not be at the same time of the general election, and it will be seen in section 5 that the term of office of the district judges shall be {1806} four years. Under this new arrangement by which the judges are elected at the same time as the State officers, it looks as though it would be necessary, if this remains as it is, for judges to be elected a year in advance, unless the terms of the first judges be changed, and I have prepared an amendment, which the Convention should consider for a moment, to come in after line 5, in section 5, to read as follows: Insert after the word years the following:

Except that the district judges elected at the first election shall serve until the first Monday in January, A. D. 1901, and until their successors shall have qualified.


The motion to suspend the rules was agreed to.

Mr. BUTTON. Would not it have been well, if that had read “serve until January, 1901,” the same as the amendment we offered the other day?

Mr. BOWDLE. I want to ask Judge Goodwin a question on that. Will the election this fall be under this Constitution?

Mr. GOODWIN. I should say so. If the Constitution is not adopted, there will certainly be no election.

Mr. BOWDLE. The question in my mind is whether that election will be under this Constitution or under that provision in the Enabling Act? If it is under the Enabling Act it might raise a question as to whether it would_-

Mr. SQUIRES. We can amend that by saying the district judges elected in 1895.

Mr. BOWDLE. That would cover it.

Mr. HART. I would ask the mover of this amendment whether there would be any difficulty about when the term of office would expire under this amendment? That is, supposing that the State were not admitted until February or March, whether they would have to serve five years from the date of the admission, if it would not be better to fix the time when they would expire, the same as we did the executive officers_name the date?

The amendment was agreed to. Section 27 was read.

Mr. EICHNOR. Mr. President, I desire to offer an amendment to section 18, not an amendment that will change the sense in any way. I move to insert the word “the” before the word “State,” in line 1 of section 18.

The amendment was agreed to.

Article X_Education, was then taken up.

Mr. CRANE. Mr. President, I desire to draw the attention of the Convention to the fact that almost the identical words that are used in section 1 of this article are used in the fourth clause of ordinance. It seems to me to be a section that could be eliminated from one or the other of these articles. It is a repetition. I would, therefore, ask that the rules be suspended in this instance and this fourth section of the article of ordinance be stricken out.

Mr. RICHARDS. Mr. President, I am opposed to that.

Mr. CRANE. I am informed by the judge that it cannot be stricken out of ordinance. Then, I would move that it be stricken out as section 1 of the article on education.

Mr. CHIDESTER. Mr. President, there is one objection to that, striking out section 1 in this

article_this provides for a uniform system, and that I presume is what we want.

Mr. BOWDLE. Mr. President, I do not believe it ought to be stricken out of this article. While it may appear somewhere else in the Constitution, it is certainly very proper that it should appear in the article on education. and if there should be a little repetition, I would be in favor of keeping it in here.

Mr. RICHARDS. Mr. President, I think it would be a mistake to strike this out of the article. It cannot be stricken out of the ordinance, because the Enabling Act requires it to be there. {1807 - SCHEDULE} It is an irrevocable compact with the United States.

Mr. CRANE. Mr. President, I do not insist on this. I just wished to bring it before the Convention. I will withdraw the motion.

Mr. SQUIRES. Mr. President, I move to strike out the word “the,” in line 3 of section 1.

The motion was agreed to.

Sections 2, 3, 4, 5, 6, 7, 8, and 9 were read.

Mr. MAESER. Mr. President, according to this, no provision at all is made for prescribing text books. According to this, it would be left to our school_to every teacher to get text books, as they please. It would throw us back in that time of confusion when every teacher and every school had their own text books, and changed it every quarter, perhaps two or three times a year. Some provision, it appears to me, ought to be made.

Mr. EVANS (Utah). This leaves it entirely in the hands of the Legislature. It simply fixes it so that the Legislature can prescribe.

Section 10 was read.

Mr. SQUIRES. Mr. President, I notice the word institutions in the fifth line is made in the plural. I think the intention was to transfer the property of the deaf and dumb asylum to the university,, and that is the way we have it in the marked copies. I think that was the purpose and effect of the amendment. It was so stated here the other day, when we tried to change the deaf and dumb asylum.

Mr. EVANS (Utah). Mr. President, if I remember right, the Enabling Act provides grants for separate purposes. I am not sure, but that is my recollection of it now, and if that is the case, why, this would be proper.

Mr. HALLIDAY. I think you are correct.

Mr. IVINS. Mr. President, before we pass that section, I would like to ask some member of this committee to which institution this property is to be transferred? I cannot tell whether it is to be

transferred from the deaf and dumb and blind institute back to the university or from the university to those institutions.

Mr. SQUIRES. I think it is a little ambiguous, but I think the gentleman understands what the purpose was. The intention was to transfer all the property of the institutions to the university itself.

Mr. IVINS. Mr. President, I had just the other idea exactly. I thought it was to be transferred from the university to the institutions.

Mr. SQUIRES. Do you remember when the debate was had here about sending the deaf and dumb asylum to Ogden, that the deaf and dumb asylum was without a home because we had transferred its property to the University? That was one reason why it should go to Ogden, because it had no home, that the building should go to the university.

Mr. SNOW. Mr. President, if that was the argument that was made, it was a wrong argument and founded upon a false basis. The intention of the committee was to transfer the property that belonged to this deaf and dumb school to that institution, wherever it should be established.

Mr. IVINS. That was the idea exactly, not to transfer the buildings; the buildings belonged to the university.

Mr. SQUIRES. Mr. President, I move that the letter “s” be stricken off from that word “institution,” in the fifth line, making it conform to the article as it was passed by the Convention.

Mr. CANNON. Mr. President, I think the gentleman who makes the motion is laboring under a misapprehension. I have the same understanding that Mr. Snow has expressed. Mr. Snow is a member of the committee on education, and it was spoken of on this floor at the time the bill came up. The idea was to convey the property which is {1808 - FINAL REVISION} properly personal property to the institutions wherever they should go, and let it follow these institutions. The point was brought up that the building occupied by the deaf mutes was upon the university ground, consequently, that remained with the university, and the title is in the university, but the personal property was designed to go with the institutions wherever they might be located.

Mr. IVINS. I move then, Mr. President, to insert after “institutions,” in line 5, the words “for the deaf, dumb, and blind.”

Mr. CANNON. Mr. President, I arise to a point of order. The only way to do that would be to move to suspend the rules.

Mr. IVINS. It is understood that if this amendment is made it is under a suspension of the rules.

Mr. CANNON. The motion should be made in that form.


Mr. IVINS. I wish to say it is not necessary, every time an amendment is made to one of these sections, to first move that the rules be suspended, and then to see whether you can make the amendment or not. If the motion prevails, the rules are suspended and the amendment is adopted without the necessity of two motions.

Mr. HART. Mr. President, if the contention of Mr. Cannon and these other gentlemen is right, it would not require a suspension of the rules, because if the word is “institutions” there, I think by adding the words “for the deaf, dumb, and blind,” we do not make any material change.

Mr. EVANS (Utah). Mr. President, the Enabling Act provides for the deaf and dumb asylum in one place a hundred thousand acres and then for the blind in another place.

Mr. CRANE. Mr. President, in the original section, it was “institutions.”

Mr. GOODWIN. I would like to ask if there is any property in the university that belongs to the building?

The PRESIDENT. The remembrance of the chair is that there was considerable apparatus used.

Mr. GOODWIN. As I understand it, it was all for the deaf and dumb, and not the blind, and if the object is to transfer it to both institutions, that is all right. If the property there belongs to them, it ought to go to the deaf and dumb asylum. Does any one know whether there is any property there belonging to the blind or not?

Mr. SQUIRES. I suggest that if there is any property there that belongs to the school for the blind, then this sentence is very incomplete.

Mr. GOODWIN. Then it ought to read that it should go to the deaf and dumb asylum.

Mr. IVINS. Mr. President, I think Judge Goodwin is right about that; it should be as he states. There is no institution for the blind at present.

Mr. EVANS (Utah). Mr. President, I think the “s” ought to come off of “institutions,” because it has reference to only one institution. That will cure the whole thing.

Mr. SQUIRES. Mr. President, I suggest that amendment be made as follows, so that the sentence will read, “all property belonging to the school for the deaf and dumb heretofore connected with the university of Utah shall be transferred to the institution for the deaf and dumb.”

Mr. IVINS. Now, I think “said” ought to be there, because it refers to tothe institution we refer to in the first line.

Mr. SQUIRES. All right, I will accept that.

The amendment w as agreed to. Sections 11, 12, and 13 were read.



Mr. WELLS. Mr. President, if it is in order, I move to strike out the word “all,” in line 2 of section 13. I do not think it ought to be taught in the kindergartens. They are a part of the public school system of the State.

The motion was agreed to.
{1809}
Article XI, counties, cities, and towns, was taken up.

Sections 1 and 2 were read.

Mr. CRANE. That is all, Mr. President, that we have now from the printer, but if the gentlemen will take up the article on apportionment as printed in the journal, or as you have it already printed in your copy of the article_

Mr. CANNON. Mr. President, in view of the fact that there are no changes in this, I think it would be a waste of time to read it over. I move that the rules be suspended, and that this be passed to the committee on engrossment, without reading.

Mr. SQUIRES. We have no way of knowing how many changes the committee made in this article.

Mr. CRANE. The committee has not made any changes, nor have they had it reprinted. The committee has had it before them. They have never considered it.

Mr. SQUIRES. Well, if they never considered it, it ought to be considered.

Mr. CANNON. Mr. President, I submit that if the committee have not considered it, it is not proper to present to us.

Mr. HAYNES. Mr. President, I would like to call the attention of the Convention to page 27, section 3, of the judicial article. It is not in my own interest, but I believe it needs a change. Every judge of the supreme court shall be at least thirty years of age, and before his election shall be a member of the bar. My idea is to strike out the word “before,” and insert “at the time of his election.”

Mr. GOODWIN. I would say for the information of Mr. Haynes, that that was all discussed and considered, and the idea was that no one should be nominated for that office, unless he was an actual practisinglawyer in the Territory, and the idea was not to permit someone to go and get admitted to the bar on election day in order to get the office. I think it is all right as it is.

Mr. HAYNES. I thought he might have been admitted to the bar at some time before and be disqualified, and he should be an active practisingmember of the bar.

The PRESIDENT. Would that amendment prohibit a judge who is now sitting upon the bench from being elected?



Mr. HAYNES. No; he is a member of the bar.

Mr. GOODWIN. The only difficulty about that is that he should be learned in the law.

Mr. HAYNES. Mr. President, just to test the sense of the Convention, I make a motion to that effect, that the word “before” be stricken out, and “at the time of” be inserted in lieu thereof.

Mr. SNOW. That will require a suspension of the rules?

The PRESIDENT. Do you move to suspend the rules?

Mr. HAYNES. I am not particular about it, if the Convention don't want to take it up.

Mr. GOODWIN. Mr. President, I move that the committee on compilation and arrangement be honorably discharged.

Mr. CRANE. I second the motion.

Mr. GOODWIN. The Convention has simply to resolve itself into that committee of the whole and it is simply unnecessary. I think it would be better to take up whatever matter may be presented, and consider it in committee of the whole.

Mr. JAMES. I amend the motion. Mr. President, that the Convention return the work to the committee and permit them to complete it.

Mr. HART. Mr. President, this motion really contemplates a suspension of one of our standing rules, the rule which provides for the various committees and their duties. Now, I do not see any more reason for abolishing this committee at this time than doing away with any other of our {1810} standing committees. I think there can be no doubt in the minds of members of this Convention that the committee on revision have greatly assisted the Convention in this work.

The PRESIDENT. There is nothing before the house.

Mr. HART. I understood there was a motion.

The PRESIDENT. There was no second to it.

Mr. VARIAN. I would like to have the Convention consider section 19 of the executive article in connection with section 8 of the educational article. I called the attention of several gentlemen to an apparent inconsistency there, and am told now that you have passed both articles. Section 19 of the executive article provides that the superintendent of public instruction shall have general supervision of all matters pertaining to the public schools. Section 8 of the article on education provides that the general control and supervision of the public school system shall be vested in a state board of education. Now, one or the other ought to be changed so that it may be harmonious. Section 19 of the article on executive might be amended so as to read that the

superintendent of public instruction shall perform such duties as may be provided by law_something of that kind.

Mr. EVANS (Utah). Could not we strike out section 19 of the executive article?

Mr. VARIAN. Yes; we might strike out section 19. That will accomplish the purpose.

Mr. GOODWIN. Has that article been sent to the engrossing clerk?

Mr. EICHNOR. Mr. President, I am opposed to striking out section 19:

Mr. WELLS. Mr. President, the engrossing clerk has just about reached that section.

Mr. VARIAN. Mr. President, I suggest to the gentlemen of the Convention, whether or not we might better accomplish the purpose by just simply striking out section 19, after the word “shall,” in the second line, and the word “perform,” in the third line, and strike out the word “other,” in line 4 of this section 10. If there is no objection I will withdraw the motion to strike out the section and make it in the form as indicated.

The PRESIDENT. The question is on the suspension of the rules.

The motion to suspend the rules was agreed to.

Mr. EICHNOR. Mr. President, I am opposed to this motion, and I will give my reasons for it. The state superintendent of public instruction is one of the officers of the executive department of this State. No doubt, it is intended to elect a responsible man. That man should have control of the public school system of this State. The attorney general is not tied up with a board, neither is the treasurer tied up with a board, neither is the auditor, neither is the governor, and this idea that is embodied in section 8 of the educational article is only found in a few states. In the states that have the best school system, they elect a responsible man, an intelligent man, and they place him at the head and he controls the public school system. The idea of tying up the superintendent of public instruction with a board_the people elect the superintendent of public instruction for that purpose, and I hope this motion won't prevail.

Mr. VARIAN. Mr. President, I made the motion in regard to the executive article. I assumed that it was the will of the Convention that the provisions of section 8 of the article on education stand. It was considered last. It is utterly immaterial to me, only you want to harmonize it, that is all.

Mr. CANNON. Mr. President, I am in favor of the motion to strike out the portion of section 19 mentioned, and believe that section 8 is all right. This {1811} whole matter is left to the Legislature, and I am not afraid that they will interfere in any injurious way with the workings of the school system.

Mr. GOODWIN. Mr. President, there is another reason for it, if the superintendent of public instruction shall prove himself to be a thoroughly competent man, he will control that board. If

he happens to be a stick, the board can control him. That was the idea of the Convention.

The amendment was agreed to.

Mr. VARIAN. I suggest, Mr. President, that that motion include “other” and “specific,” in the fourth line.

Mr. Cannon was called to the chair in the absence of the president.

Mr. EVANS (Utah). Mr. President, I desire to offer the motion that we proceed to consider the apportionment article, for the reason, as I said before, that we have cleared everything away. It seems to me satisfactory to the committee on compilation and revision, and the object of that committee is to simplify these matters, and get them into the best shape before presenting here, and we then go over them all, and as we have got nothing else before us, I move that we take this matter up and proceed to its consideration.

Mr. SQUIRES. Mr. President, I would much prefer to let the committee on compilation make a report on that article first, and note such changes as them deem necessary; they can examine it more carefully and more consistently than we can in open Convention, and I understand the committee is now ready to go to work on that particular subject. I am not in favor of taking this up now before the committee on compilation has reported it. It is only by suspension of the rules it could be done.

Mr. HART. Mr. President, I think we should leave that to the committee, and let them report on it first. I am opposed to the motion.

Mr. EICHNOR. Mr. President, I am in favor of taking it up, because they have got into such a habit here, that we pass an article when it is reported from the committee on compilation and arrangement; then we go back again; then the next day we go back and make an amendment. We might as well being doing that, as getting into this poor practice of amending day after day every article. I am in favor of taking it up right now.

Mr. SQUIRES. I call the gentleman's attention to the fact that to-day, in the reading of this report, we found that the committee have made a number of changes which nobody has questioned. It seemed to be all right, and they have changed even the original copy that we passed in the Convention, and there has been no objection raised, except in one or two cases, and they can do that business more carefully than we can here. A small committee can more easily do that kind of work, and I hope no demand will be made to take it out of their hands. I raise the point that it will require a two-thirds vote, because it will certainly be a suspension of the rules.

Mr. ALLEN. Did not the chairman state that they have looked it over, and found no mistakes?

Mr. SQUIRES. I asked the chairman of the committee the direct question, and he said no. They had it before them, and had not considered it.


Mr. LAMBERT. I think I can give Mr. Squires some light on that. We have had that report up before the committee, and we did consider it, and as there was only one word changed in the instrument when it came before the committee of the whole and the Convention, and that word was suggested by one of the committee on compilation and arrangement, which he withdrew in our committee, as he believed the original document was better than his suggestion, we agreed to make the report as it comes from the committee on legislative and apportionment our {1812} report, and it is open here now for consideration.

Mr. EVANS (Utah). Then, I make the point of order, if that be the fact, it does not require two- thirds. It is before the Convention, and all we need to do is to proceed with it.

The PRESIDENT (pro tem). The point of order as made by the gentleman from Utah County, is in accordance with the statement of the chairman of the committee on compilation and arrangement. The chairman will rule that, under the circumstances, it would require only a majority vote to take up the article.

Mr. WILLIAMS. Mr. President, before that question is put, I would like to know if there is a quorum present?

Upon a count, the secretary announced fifty-four members present.

The question being taken on the motion to consider the article on apportionment, the motion was agreed to.

Mr. ALLEN. Mr. President, I move that the sergeant-at-arms be instructed to keep these delegates from running off.

The PRESIDENT. The sergeant-at-arms is instructed to arrest and bring in any fleeing member.

Mr. VARIAN. Mr. President, what is the point in this? Even if there should not be a quorum, if the point is not raised, it is all right. There is nothing of importance.

Mr. SQUIRES. Mr. President, I move that we head this article something; I move it be made Article IX.

Mr. GOODWIN. Mr. President, the arrangement will be submitted to the house in the morning, and it is liable to be changed.

Mr. SQUIRES. Well, it can be changed then.

The motion was agreed to.

Section I was read.

Mr. SQUIRES. Mr. President, in order to have this conform to other sections in the Constitution,

I move that the word “next” be inserted after the word “Tuesday.”

Mr. WELLS. Mr. President, I do not think that is the language used elsewhere. Strike out the word “first.”

Mr. SQUIRES. Yes, strike out the word “first,” before “Tuesday.”

The amendment was agreed to.

Mr. ROBINSON (Kane). Mr. President, in order to make this conform to the rest of the article, I move that in line 6, the word “prescribe” be stricken out, and “provide” be substituted.

Mr. HART. Mr. President, I think that is all right to make that change where there are three sections following each other, all of the same construction and nature. This is different from the others, and I am in favor of retaining this.

The motion was rejected.

Section 2 was read.

Mr. HART. Mr. President, in order to make section 2 uniform' in one respect with section 1, I move that the words, “in the year of our Lord,” in lines 2 and 3, be stricken out and the letters A. D. be inserted in lieu thereof. The amendment was agreed to.

Section 3 was read.

Mr. LAMBERT. Mr. President, I move to strike out the word “more,” and replace the word “greater,” in line 7. I think it is better.

The amendment was agreed to.

Section 4 was read.

President Smith resumed the chair.

Mr. SNOW. Mr. President, there should be a comma placed after “districts.” wherever it occurs, as follows: “County of Box Elder shall constitute the first representative district;” wherever that phrase occurs, there should be a comma placed after it.

Mr. HART. Mr. President, it is the tendency of modern usage to omit commas there. According to the old rule, we should insert a comma there, but I believe the tendency of modern times is such_

Mr. SNOW. Can you cite a tendency {1813} of that kind? If you will look in your constitutions, you will find that it has been followed in all the constitutions.



Mr. HART. I have not had reference to constitutions. Probably they do. The general tendency of newspapers and periodicals is to omit commas.
                                
Mr. SQUIRES. I will have to admit that my education, such as it is, was not acquired in the last few years. I was educated when I was a boy.

The motion was agreed to.

Mr. CANNON. Mr. President, I move that this article be referred to the committee on enrollment and engrossment.

The motion was agreed to.

On motion of Mr. Cannon, the rules were suspended, and the Convention, at 5:10 o'clock p. m., adjourned until 10 o'clock to-morrow morning.


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