The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-03


} widows as Sanpete.
Evans, of Weber, said there Should
De some guarantee of exemption in the
constitution and gave notice that if
Narlan's substitute were defeated he
would offer the following:
Evans Offers n Substitute.
Every homestead of not exceeding
i forty acres of land and the dwelling
house thereon. and the appurtenances,
TO be selected by the owner thereof,
or instead thereof, at the option of the
owner, any lot in any city, village or
recorded town or plat, or such parts of
lots thereon, and their appurtenances,
owned by any resident of the state, of
at least the value of $1,000, shall be
exempt from forced sale on execution
or any other final process from court
for any debt contracted after the adop-
ton of this constitution. Selections
may be made from one or more par
cells Of such lands to the amount Of
the sum herein designated. Such ex-
emption shall not extend to any mort
gage thereon, lawfully obtained, but
such mortgage or other alienation Of
such lands, by the owner thereof. if a
married man, shall not be valid with
out the signature of his wife TO the
same
Influx of Homeseekers.
Thoresen, of Cache, said that with
statehood there will be a great influx
of homeseekers and they will be
greately attracted by a liberal exemp-
! ton.
James spoke against an exemption,
saying the inability to contract debts
will keep out homeseekers.
Maloney said Kansas had attained a
great deal of its growth on account OF
liberal exemptions. This was a con-
slderation for homeseekers.
Cannon wanted the whole question
settled in the constitution so that the
legislature would not be constantly
changing the law.
Varian closed the debate. saying the
whole thing should be left to the legis-
lature. AT one time it might be neces-
sary to have a limit of $1,000 and
another at 50 900.
Not Less Than $500.
At the suggestion of Richards. Var
ian's substitute was made TO read,
THE legislature shall provide by law
for the selection by each head Of a
family and exemption of a homestead
of the value of at least 81, 500 from sale
on execution" In this form it passed,
Thoresen's amendment being killed.
Striking Out Sections.
On motion of Squires the following
sections were stricken out:
Section 3. The homestead of fam
lily. after the death of the owner there
Of. shall be exempt from the payment
of his debts contracted after the adop-
ton Of this constitution. in all cases,
during the minority of his children.
Sec. 4. If the owner of the home.
stead die. leaving widow but no
children. the same shall be exempt,
and the rents and profits thereof shall
accrue to her benefit during the time
of her widowhood. unless she be the
owner of a homestead in her own
right"
WOmen's Separate Property.
The next fight came up over sec. 5, |
allowing women to hold and absolutely |
control their separate property. Lam |
bert moved to strike out the whole sec
ton. but this was defeated by an over |
whelming vote. Lambert gave no rea-
son for his motion. and Boyer gave /
him a dry shot. saying:
81 seconded the gentleman's motion |
in order to hear his reasons. l thought |
he might be too much married and |
wanted ITO hold the property
This brought down the house.
On motion of Richards women were
given the right to acquire title as we'll
by purchase as by gift, grant. inherit
ance or devise.
A question came UP as to the neces-
sity of providing for the right of dover.
as the territorial laws have no such
provision. and there is a general de-
sire that such provision shall be made.
was done. however.
Murdoch Tries Again.
Murdoch. of Beaver. created a SEN
sation by offering the following addi
tional sections:
Section l. The waters of all natural
springs. streams. lakes and collections
Of still water. within the boundaries of
the state are hereby declared to be the
property of the state. but sucn owner
ship shall in no way impair any exist
ng lawfully acquired right to the use
Of said waters.
'Sec. ?. Priority of appropriation for
beneficial uses shall give the better
light. No appropriation shall be denied.
except when such denial is demanded
0y public interest. The right of emf
lent domain shall extend to land and
water rights.
Department of Agriculture.
''Sec. 8. There shall be established a
department. of agriculture under the
direction of an officer whose title. du-
les, salary, term of Office and mode
# appointment shall be prescribed by
aw.
Sec. 4. The necessary rights of way
or tunnels. pipe lines. roads. bitches
md tramwayS as a means of the devel-
'pment of the mineral and agricultural .
esources of the state. is hereby de- :
Jared a public use and subject to the
ontrol and regulation of the state"
Eichnor Crawfshes.
Evans. of Utah, Immediately raised
, point of order against sec. 4. the sub
ect matter of which has been passed I
n by this convention no less than five
lines. Eichnor. in the chair. overruled
he point. and Evans appealed. Eich- !
or. however. switched around and 6
ould not be sprung until the first
hree sections had been disposed Of /
Therefore Evans withdrew his appeal.
: point of order was raised against the
rst section by Thoresen. of Cache, S
nd the chair ruled the section out. t
Engrossing the Constitution. )
AT 1855 the committee of the whole :
rose. and the committee on rules pre- |
ented the following resolution. which +
Tas adopted: l
Resolved. That the constitution of r
ne state of Utah be carefully en-
rossed. without blot. erasure or inter- i
neation on parchment sheets 11x17, !
nd that the same. when properly at
,sted by the president and secretary
the convention and signed by the
lembers. or majority thereof. be z
Ound between lids. in enduring form. !
nd then deposited in the office of the :
,cretary of the territory for delivery =
the secretary Of state for the state ,
Utah: and that true COPY thereof =
tested by the president and secretary =
this convention and bound in like :
be delivered to the Utah COM q