The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-23

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| ronlStS If the order went through.
The only thing at stake was the ques-
! ton as to fairness to the two cities
concerned.
An Act of Discourtesy.
Evans said it was discourteous to
! Ogden and Salt Lake, as we'll as to the
committee to refuse this request
There was no disposition to be unfair.
! But Ogden and Salt Lake would like to
have some voice on the proposition in
! committee.
Goodwin said the matter had passed
through two committees and both had
/ reported in favor of the increase.
! They should have some weight
Richards said there was only one
way to look at the matter. 1t could
not be charged that the president
would be SO biased as to appoint two
men who would vote against prohibi-
ton, unless there were no men who
would vote the other way. If there
were none then those cities should GER
tainly have representation.
! The report of the committee on rules
IN favor Of the increase then carried.
To Protect Water Rights.
Mcfarland of Weber, presented a
measure from the Hooper and Wilson
irrigation companies, asking that an
article be inserted in the constitution
providing for the protection and
guaranty of the. priority of the vested
rights TO the use of water, owned by
the people, whether for agricultural
mechanical or culinary purposes, and
that a provision also be inserted pro-
viding for the election of officers, for
! the proper distribution of the waters
of the several streams of the state,
whether owned by companies or in
dividuals, according to their several
acquired rights. Referred.
Thoreson, of Cache, introduced a
proposition providing that all water
rights and water. privileges secured by
any person or association of persons
under the laws. of the territory of
Utah, or by any local regulation not in
conflict Herewith, or by the appropria-
ton and use Kater.for beneficial
to the. adoption of this constitution,
shall be valid and vested rights and
privileges in the state Referred.
Squires moved that SO worth of
stamps be supplied to the secretary for
certain letters necessary to be sent out
Committee on accounts and expendi-
lures.
To Serve Without Pay.
Maloney. of Weber, offered the fol-
lowing resolution:
Resolved, That it be the sense of
this convention that its labors be COM
pleted within the shortest time practi-
cable and consistent with good and
efficient work, and that we incur no
Indebtedness 10 be paid by the future
state of Utah. Adopted.
To Limit Debate.
Kicks, of Sewer, offered a resolution
designed to cut off debate, which pro-
vides that no person shall speak twice
on the same subject and then not
longer than three minutes. Committee
on rules.
At 3:I5 the convention resolved itself
into committee of the whole to con-
slider the bill of rights. The question
as 20 jurieS came up.
On Juries Again.
Evans wanted to withdraw his
proposition of the day before and SUBJ
stitute the following:
Sec. 10-The right of trial by jury
shall remain inviolate; but the legisla-
ture may provide a less number of
jurors than twelve in prosecutions for
offenses below the grade of felony and
in civil cases. A verdict in such cases
may be found by concurrence OF two
thirds of the jurors and jury shall
be waived in civil cases If not de-
manded, as the legislature may pro-
vide; provided that a jury in the dis
trict court shall consist of not less
llldn lille dIlQ july liz Lie SOouIy
court shall consist of not less than six
and q jury in the Justices court shall
consist of not less than three
However, this was ruled out as
Variants proposition was an amend
ment to Evans substitute However,
later on Judge Goodwin withdrew his
proposition of the day before in favor
of Evans later proposition and it then
was injected into the debate.
Pierce For Precedents.
Pierce argued against the decrease of
juries in civil cases. He believed in
precedents, as they contain the wis
dom of all ages which have gone be-
fore. No state in the Union provides
for less than twelve men on juries,
though in recent constitutions there
are provisions for verdlcts by less than
the panel.
Pierce got warmed up.
HAnd think. gentlemen of the jury"
he said. and the house broke down.
Gentlemen OF the convention" he
corrected. 81 am used to speaking be-
fore juries Of twelve men too"
He repeated the offense again later
on.
He said in further argument that no
two men think in the same way. In
court there are twelve different
views and when they unite there is
more Justice than when there is a less
I1C Wcio SO1liS ~ rldua lOf
the old common law system He was
willing. however, 70 allow for possible
corruption and let nine men decide.
Greer corrected Pierce by showing
that the Wyoming constitution pro-
vided for less than twelve jurors, in
civil cases.
Wells said the conventions provision
was copied from the constitution of
Washington, which provides for less
than twelve in civil cases.
Thurman said he could remem Der
when Pierce had argued for a jury of
seven.
Pierce-That is mistake. I never
argued for that. 1 wanted nine in
stead of seven.
Thurman Roasts Pierce.
1hurman--Weil. if I am mistaken it
is the worst mistake l ever made in
my life. If I am mistaken in what 1
now say, [ ought to be in Provo, sure
and certain Gaughter). a mile east of
the bank corner (Laughter). The
fact of the business is, am not mis-