The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-25
To Include Agriculture.

ing should be given all facilities for
development.
To Include Agriculture.
Howard, of Emery, offered the fol-
lowing substitute: 'The necessary use
of land for the rights Of way for tun-
nels fumes, pipes, bitches, canals, res
ervoirs, roads, tramways or dumps, for
the development of the farming or
! mineral resources of the state is
hereby declared to be a public use and
! subject to the control and regulation
1 of the state.''
Evans OF Utah, said such a provision
as proposed would break down the bull
wark of Individual liberties. The
! courts would decide what was for the
good of the public and would make
such public uses.
Hart said the whole trend OF deci-
| sions of western courts is in the direc-
ton of declaring mining, irrigating
and manufactures public uses, so far
as they are really beneficial to the
public. They should have the power
to adjudge between all parties con-
cerned
Ryan argued for leaving the whole
question to the wisdom of the courts.
which will have to settle on cases
even under the proposed section.
Can Trust the Legislature.
Roberts said he was against reviving
an old question by suddenly springing
ill-conSidered substitutes. 1t was not
the part of wisdom. The courts and
legislature can be trusted to give due
consideration to the interests CT the
public.
James made a plea for the mines
Unless rights of way are assured, de-
velopment of many mines will be alb
solutely impossible. He is the owner
of numerous claims himself, and I'M
less he granted rights of way to other
miners who own valuable adjacent
property, they will be cut off from
them for all time to come.
Bowdle said mining is no greater
public benefit than agriculture and
should not be so considered in con-
etitutional sense. One should not be
given protection not guaranteed to the
other.
Mining is Paramount.
Evans of Weber argued for the SUBJ
stitute. He said the purposes men
toned are essential to the development
mount as an industry. The convention
has the power to declare what is
public use.
President Smith said the proposition
was dangerous. He believed it should
be stricken out.
hammond SAID ne nOpeu lie WOulu
be forgiven if he brought in San Juan.
But he could not talk without doing
so. He said that the county is just
being developed and the question
should be left to the legislature.
Courts VIII Be Just.
Thurman said he would challenge
proof to show that the courts had de-
clared a thing not a public use when
it was for the interest of the public.
In fact the trend of decisions were in
the other direction. If mining uses
are public uses the courts will so de-
clare them. IF they are private uses
then the convention has not the right
to declare them public. The courts,
after ALL must decide.
Pierce argued for the constitutional
provision. The authority was ample
and mining is certainly important
enough to have special consideration.
Kearns closed the debate by citing
examples where such provisions had
been placed in state constitutions.
Towards substitute was lost by a
vote of 40 to 43 and the committee's
section was stricken out by vote of
80 TO 80.
Mining Article Killed.
On motion of Evans, of Weber. the
balance of the article, providing for a
coal mine inspector. was stricken out
by a vote of 81 to SO. So there will be
no mining article.
The majority and minority reports
on prohibition were then taken up.
Kicks moved the adoption of the
majority report against prohibition,
while WINS moved the adoption of the
minority report with the separate
article
Wins Opens For Prohibition.
WINS said there was too much dis
position to push the question without
discussion. But he wished to pay at
tention to the people who had petit
toned for prohibition. He was against
licensing the liquor traffic. He had
been prosecuting attorney and had
been in the trial Of men for all kinds
of crimes. Three-fourths of them were
due to the use of liquor. Half the ex-
pense Of courts in the state will be
saved if the liquor traffic were stricken
down. Thus prohibition was good from
an economical standpoint.
The Drunkard's Legacy.
He was convinced that the people of
Utah would some day make I'D their
minds to sweep away all vestiges of
the traffic. 1t is sapping the very foun-
dation of society and governme nt. He
had known of father stricken down by
son, a child by a mother, a wife by
a husband, a chum by his bosom
friend on account of the demon of
drink. He had stood at a d1unkard's
grave and seen lowered into 1t a, man
who had once been happy and pros
porous. His will could be written in
a. few short sentences. ITO my wife
leave a legacy of broken vows,
Shame and sorrow; to my children
drunkard's grave" Only God knows
how many such. wills are filed for
probate in heaven.
trip had been taken to Logan, that
article and to put down the terrible
had given up all hopes now.
How About Minority Petitions.
Roberts-How largely are those
prohibition petitions signed?
Ivins-They are far from being a
majority of the people of the terri
tory.
RobertsDo you hope for more
consideration for them than was
given to the petitions of a certain
other minority, which you voted not
to consider?
Ivins-Well, in that case I did not
think the minority was right. In this
/ do. Naughter.)
Evans, of Weber-DoeS Dixie wine
have the effect you have described?
Ivins[I came from region where
they make much wine But I do not
drink it. The gentleman is a much
better judge than / am. Oaughter.)
Don't Endanger the Constitution.