The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-27

The constitutional convention spent
five solid hours yesterday morning and
afternoon in wrestling with six ser
tons of the bill of rights and two of
the article on education. 1t was re-
freshing to see the delegates finally be-
gin work in real earnest by having
morning as well as afternoon sessions.
What is more they worked with a vim.
Most of the time was spent on the
question as to whether high schools
should be made free or not. The debate
on this question brought out some OF
the best speakers in the house, and al
the end of the discussion the country
members voted down the city members
and declared that high schools might
be established, but it is not obligatory
on the legislature to make them free.
The resolution to tax church pro-
perty, which had been laid on tha
table with section 4 of the bill OF
rights did not cause as much trouble
as had been anticipated. Kimball put
forth his amendment and E1dredge pre-
scented another, which was totally free
from all reference to any bounty law
that may be passed by the legislature.
There was no debate on the real ques-
ton which was thought to be so
troublesome and the committee finally
trfumphed, defeating all the PROPOSE
tons.
President Smith continued his at
tempts TO make an appearance of nom
/ partisanship, by calling Thurman to
the chair in the morning. However,
in the afternoon, whether Intentionally
or not, Thurman did not appear in
time to be called and James. of Salt
Lake, was given a try. He was no bet
ter than President Smith or Squires
had been. insisting with labored pune
tiliousness on the privileges of the
chair and taking the longest way
about apparently through preference.
The Proceedings.
The members did not seem to fall In
well with the new hour for meeting,
and there were over twenty empty
chairs when President Smith dropped
| his gavel at 10 o'clock Members
dropped in, however. from time 70 time
until there was the usual number pres
t ent.
Elder NJ. B. shipp. of the church Of
Jesus Chri-+ of Later-day Saints, was
invited to ar prayer.
Hore Prohibition.
Maeser, of Utah. presented petit
ton from 90 citizens OF the Fourth
ward Of Provo asking for the subnls-
! sion of the article on prohibition Par
fridge presented a petition to the
same effect from 45 citizens of Provo.
He also presented the resolutions
adopted by the prohibition mass meet
ing at Provo. All were referred to the
committee on schedule.
It took the unprecedentedly short.
SPACE of 16 minutes TO finish the pre-
liminaries and then. on motion OF
Eichnor, the convention resolved itself
into committee of the whole to consider
the bill of rights.
President Smith caused another gasp
of surprise by calling Thurman to the
chair.
The first thing the new chairman did
was to rule Van Horns motion of the
day before, defining mining and irriga-
ton uses as public uses.
More Rights of Property.
Partridge, of Utah. offered the fol-
lowing substitute for section "a: "Pri-
yate property shall not be taken for
private uses, except for uses which.
in their nature, may be considered or
public benefit. and in no case snail prl-
vate property be taken without due
compensation shall first have been
made. o,,s.
with the original section.
Partridge said he did not want TO
open the way for a general taking or
private property for private uses. StllA
there are some uses, benenclal and IN
necessary to the public which are prl-
waite in their nature. Such are irrigation
bitches. The right of eminent domain
should be given for such uses
Greer. of Utah. argued for private
ways, saying it was absolutely neces-
sary to have such private roaos IN the
| CANYONS where there are no puOIlc
roads and where people should have
a right of way in order to bring down
minerals or timber In his city great
deal of the land was spoiled by the
water from the upper lands Rlgnt OF
way should be given IN oroef 70 uraln
those lands.
: Eichror. as usual, quoted constitu-
t lions. He said Idaho, Montana and
| washington had provisions sOf this
kind and they are well governed.
J Eldredge said the proposition to al
. low the taking of private property for
: mining and irrigation uses would work
a great injustice to agriculturlSts. A
: man could locate reservoirs (which
: would totally sumberge many farms
Mining uses would gestroy tinea sano
: to a great extent This would be un-
beneficial.
' Chidester said there is scarcely a
> principle. which, if applied too rigjdly.
? would not work an injustice. In his
4 county man could have a quarter
z section and could stop the easy access
J of individuals TO their farms ana
homes as well as obstruct irrigation
Varian did not object to declaring
mining, irrigation and agriculture pub
lie uses. But his objection was to the
giving of private property for private
: zee One man should not be allowed
: to go on his neighbours land and usa