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


He wanted the matter left to the legis-
lature.
Van Horn said the courts always
construe laws in such cases as this in
favor of the property owners. He did
not believe in the beginning that there
should be shown a distrust of the legis-
laure
Manipulate the Legislature.
Thoresen said the argument to leave
the matter to the legislation had al
ways been made whenever there was
question of protecting individuals. The
constituents of all the members wanted
Iull provisions to protect life, liberty
and property. Legislatures could be
manipulated much better than the con-
vention.
Farr protested against numbering up
the constitution with legislation Some
discretion should be left to the legis-
lature and then if laws were not salts
factory they could be changed.
Heybourn was in favor of the section
as 1t passed through the committee of
the whole. That was fully protective.
Left Unprotected.
WINS said he had known instances
where railroads had built grades
through property and while the COM
pensation was still in litigation the
railroad had become insolvent and the
man was left with the privilege of
leveling the grade.
Howard, of Emery. opposed leaving
the matter to the legislature, as that
might be manipulated in the interest
Of corporations. He believed the sub
ject was important enough for the con-
Stitution.
Boyer was in favor of the section
as it had come from the committee. 1t
would prevent the confiscation of
property, which should be guarded
against
Bowdle said that while it was well to
look after the rights of citizens. still
the convention should be CAREFUL how
1t took any step that might retard the
progress of the state
Murdoch, of Beaver, said corpora tions
were like individuals. The convention
should guard individuals, but it should
also be careful of the rights of those
who are enterprising. Legislation
should be kept out and only the bounds
placed on the legislature.
That Ute Indian Business.
Hammond said he was not in favor of
giving power to anyone to jump on his
land without allowing him to say any
thing. He said some years ago the
commission was sent out which nego-
tiated the treaty with the Southern
Ute Indians. When it had been agreed
that the Indians We're to be removed
the bill had provided $4,000 to pay the
claims of the settlers for their thirteen
years work when in reality there was
one canal which had cost 500, 600
Varian said it should be we'll settled
II there were no constitutional prUvi-
sion. that private property could not
be taken for public uses without COM
pensation. Private property cannot be
taken for private uses, whether pro-
vision is made or not He objected to
that part of Kimbalrs amendment
which provides that accrCing benefits
shall not be charged in abatement of
damages, as this would prove costly
when cities make new streets, as
damages would be given for property
that might be damaged even though
that property may have been doubled
in value solely because the street was
eSta bliShed.
He yielded at 1915 for a recess.
In the Afternoon.
When the convention came together
at o'clock Kimball explained his
referred expressly to pri-
vate corporations in the matter of ac-
cruing benefits in abatement OF dam
ages.
varian took the floor. He said there
was no need of giving the right of
public domain through the constitu-
ton. Governments, of necessity, with
out declaration, have the right to take
private property for public uses. |
Should the convention endeavor to con-
1scate property by taking it without |
the courts would I'M
1oubtedly declare it an unwarranted |
INVASION OF vested gh s.
He laid down four propositions:
First-The right of public domain is
Inherent in the state without declara-
ton in the constitution
Second-Property cannot be taken for |
public use without compensation.
Absolutely No Power.
Third-It cannot be taken for private
use under any circumstances. This /
would be confiscation and spoilation, as
well in principle as in fact.
Fourth-A public use is not neces-
sarily one even if it is so declared by
the convention. The courts must de-
tide what is public use. That is gov
erned by circumstances. What may be
4 public use in one section because OF
natural conditions may, by its very
nature, be a private use in another
section.
al ldu clIlciGQ 9IltO oil exhaustive
argument of these points, quoting from
decisions and text books He said the
subject should be investigated.
After some further discussion in
which Roberts said the convention was
'eady to vote on the question and time
should not be wasted, the vote was
aiken on KimbalTs substitute which
vas defeated.
kimball Knocked Out.
Kimbal then moved that public uses
hall include, among other things, all
necessary reservoirs, drains, fumes,
sewers, conduits, pipes or bitches. on
IT across the lands of others, for agri-
mining, milling, domestic or
anitary purposes. This was killed.
Varian moved that section %, which
provided for the taking of private pro-
,erty for the above private uses, be
stricken out. Carried.
The roll was then called on the pre-
.mble and declaration of rights and
hey went through. Hart, Partridge,
thurman and Varian explained they
-oted for the propositions as whole,
,ut objected to some actions.
Wells gave notice that he will move
o reconsider In order to restore sec
ion %.
At $3.50, the convention went into
Committee of the whole with Pierce in
he chair.
The executive article was taken up
nd the first fight was brought on be-
Iimball, who moved that lieutenant
GOVERNOR be included among the execu-
i've officers.
Kearns objected to this, saying that
thirteen states now have no lieutenant
GOVERNORS and they get along very