The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-17
JUDICIAL ARTICLE.
THE BAR ASSOCIATION DISCUSS Iy
AND MAKE AMENDMENTS.
Section Two Fails of Adoption-Nine
Year Term For the Judges OF the
Supreme Court Approved-Renched
Only Section Six and Will Re-
sume Consideration Next Saturday

| sumo COMMUNICATION Next S1fuEuilG
| The Territorial Bar association met
at p. m. yesterday in the Third dis
| trict courtroom for the purpose of
discussing the judicial article of the
constitution drafted and reported by
| the committee appointed for that pur-
pose. The article, which it is intended
| to present to the constitutional con-
vention in the hope that that body will
adopt it and embody it in the state
/ constitution, was presented by the
committee on Saturday, Feb. 9, and
discussion upon it laid over until yes
terday. Judge Sutherland, president of
the association, presided and there was
a large attendance.
The article contains nineteen sections
and was printed in full in The Sunday
! Herald of Feb. 10. It was taken up,
section by section, yesterday, read and
amended. Section was reached when
an adjournment was taken until next
| Saturday, when the work will be re-
sumed.
| The Judicial Power OF the State.
Section / read: The judicial power of
the state shall be vested in the senate
sitting as a court of impeachment, in a
supreme court, in district courts, in
probate courts, in justices of the peace,
and in such municipal courts as the
legislature may establish.
It was amended by striking out the
! words municipal courts as the legis-
lature may establish" and inserting in
! lieu thereof the words "other courts,
/ inferior to the supreme court, as may
| be provided by law"
Judge Sutherland then suggested that
the whole of the section be stricken out
! and the following substituted: "That
such judicial powers shall be vested in
the judges of the supreme and district
courts as may be provided by law"
Further discussion of the section was
postponed until next Saturday and sec
! ton 2, which reads as follows, was
taken up:
Section Two Goes by the Board.
The house of representatives shall
| have the power of impeachment by
vote of a majority of all the members
elected. The court for the trial Of i'm
peachments shall be composed of the
! president of the senate and the sena-
. IOES, Oh d lltJSA POI VI NllClll' vi liIC
trial of an Impeachment against the
governor, the chief justice shall preside
and the ACKNOWLEDGEMENTS shall not
act as a member Of the court. Before
the trial of an impeachment all the
members of the court shall take an
oath or affirmation truly and impair
TALLY to try the impeachment accord
ing TO the evidence, and no person shall
be convicted without the concurrence
of ir1 of 10
No judicial officer shall exercise his Of
fee after he shall have been imDeached
until after he shall have been acquit-
ted. Judgment in cases of inpeach-
ment shall not extend further than a
removal from Office or disqualification
to hold or enjoy any Office Of honor
trust or profit under this state, but the
party impeached shall be liable to in
dictment and punishment according to
law.
Two slight amendments were made,
but the motion to adopt the section
was lost by a vote of Is to Il. and it
was therefore stricken out altogether.
Nine Year Term Approved.
original it reads:
The supreme court shall consist Of
{ three judges; but after the year 1900 the
legislature may increase the number
> thereof TO any number not exceeding
five. A majority of the judges .Consti-
) tutfng the court shall be necessary to
D make a quorum or pronounce a de-
cision. The judges Of the supreme
court shall be elected by the electors
of the state at large. The terms of of
= flee of the judge of the supreme court
r excepting as in this article otl.cr y -
+ provided, shall be nine years The
judges OF the supreme court snail i'm
: mediately after the first election I.nCel
0 this constitution be selected by 1T, st
that one shall hold his office for the
term OF three years, ne for the tern
, of six years, and one for the tenn o.
. nine years. The lots shall lie draw, by
the Judges of the supreme court, Wh,
. shall for that purpose assemble at the
seat of government any they shall
cause the result thereof to be certified
. to by the secretary of state and FLEE
o IN his Office. The judge having The
= shortest term to serve not holding hi.
) Office by appointment or election to fl
& a vacancy shall be the chief justice
and shall preside at all terms of tht
: supreme court, and in case of his alb
:, sence the Judge having in like manner
the next shortest term shall preside il
his stead.
Attorney Baldwin moved to amend
by changing the sentence, 9TH,
judges of the supreme court shall b,
: elected by the electors of the state a
3 large" to read, 'The judges of the su
: preme court shall be elected by tn
electors of the state at large from
three candidates for each position
who shall be nominated by the bar O
= the supreme court" The amendment
o was lost by a large majority
A lengthy discussion was had on I
proposed amendment reducing tn,
terms OF office from nine to six years
and providing that after the first cleo
ton under the constitution the Judge.
, of the supreme court shall immediateh
be selected by lot, so that one shall
hold his Office for the term of tWt
l years Gnstead of three years., one TO,
the term OF four years Gnstead of six
U and one for the term of six years On
stead of nine.
D The amendment was lost
The following was added at the enC
of the section: In case of disquaH
L fcation of justice of the supreme
court a district judge shall be ap
O pointed to sit pro TEN, by the remain