The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-27
Mr.. WOolley was excused on ac-
count OF sickness in his family.
Recess until 2 u. m.

Recess until 2 y. m.
2 pm.
After recess the convention re-
sumed its sitting.
MT. RaWlins moved to strike out
section 8, article 6, and section 1, of
the same article, and offered a sub
stltute stating that courts should be
created by the constitution.
Mr.. Stout disagreed with the
gentleman on the point desired by
the motion. Other courts would be
shut out, and the circuit courts
would be OVerburdened with work
As the constitution now stands he
thought the Legislature had ample
| powers to create other courts. In
twenty years from now the judicial
aspect OF Utah will be very much
changed, and if the courts are tied
up in the constitution, we will be
labOring under the same difficulty
the organic act now places us in.
Mr.. PenrOse preferred the reading
OF the constitution without this
amendment, as it apparently covered
all the ground necessary. Mr.. Raw
Inns, Mr.. Richards, Mr.. Booth, Mr..
Thurman, and Mr.. Tanner, discussed
pro and con the subject matter con-
tanned in the motion, when a COM
mittee Of five, consisting of Messrs.
RawlinS, Richards, Booth, Sharp
and Thurman, was appointed sub
committee to consider and make a
report upon the matter suggested
on the powers of the judiciary in
the previous debate.
Mr.. Rawlips, chairman of the
committee of five, reported, that
section 1 remained unchanged, and
offered an amendment to section 6
as follows: Provided, that nothing
herein shall be so constructed as to
prevent the Legislature from con-
ferring limited eommSA law or
chancery jurisdiction upon inferior
courts.
The report was adopted.
In the article on taxation, Mr..
Nibley moved to amend the section
by striking out the word met" be-
fore "proceeds and surface improve
ments," in the first section.
Mr.. Bryan offered an amendment
for that section, making the pro-
ceed5 of mines subject to taxation
Immediately, adj oGl0Ten, the same
as other property. This motion was
lost.
Mr.. Stout moved an amendment
that the words met proceeds and
be stricken out. Motion lost.
Tho 0Ofinn of M Aih1ox-
carried.
Mr.. Sharp moved to strike out
the provisO which excerpts mines
and mining claims from taxation.
Mr.. Penrose and Mr.. Robinson
objected to the move. Farms are
taxed and mines should be taxed.
Mr.. Rawlins thought the
action Of the convention
would encourage speculation
Tuinous to the state. The owner or
manager Of a mine can keep his ore
covered up in the bowels of the
earth and prefer to speculate on it's
probable worth rather than develop
1t and then have all the margin of
the proceeds taken for taxes.
Mr.. Stayner held that the provi-
sion is erroneous for the interests of
che country. In 1881 the mining in
terests Of Utah produced Sc, 100000,
and it was calculated that nearly
half that amount had been spent on
mining in the territory. Without
mining our agricultural interests
would flag, and the action Of this
convention was inimical to mining
and consequently to agriculture. He
was opposed to striking out the pro-
Viso.
Mr.. Robinson, Mr.. Bryan and Mr..
Booth argued on the question, when
Mr.. Robinson moved to reconsider
the motion striking out the word
Hnet," which was decided in the af-
frmative.
Mr.. Wells then said the word
should not be stricken out. The ore
in the ground could not be assessed,
and the levying of a tax would be
as speculative as dabbllng in mines.
The Emma Mine and the Old Tele-
graph Mine were held at large fig
ures and sold at large figures. If
this and kindred property had been
assessed at such figures, the terri
tory would long since have had a
big lot Of mines on hand, which
now have been developed and are
building up the country. The farm
has a true value, at which it is
taxed, and not the proceeds of the
farm. Many mining claims are
holes in the ground not returning
any money, but are of supposed
value, and to tax such places would
be barring an industry which has
helped to build up Utah.
The motion to strike out the word
met" was lost.
Mr.. Winder moved that the pro-
visO be stricken out. being willing
to leave such matters to the legisla-
ture.
Mr.. Stayner opposed the motion.
He, as a farmer, wished to say to |
the world that we have mineral |
wealth in Utah. to ask them to come |
here, develop our mines and buy our !
wheat.
Mr.. Tanner favored striking out |
the proviso, and leaving it to the
legislature.
Mr.. Sharp opposed striking out
the proviso, and said the fair and
proper way to tax holes in the
ground was to tax the net proceeds.