The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-27

7 >. c
at time, bobbed up and down an
hurled repartee right and left. Tn
committee was charged with schemin;
and conniving in bringing the suojeo
up again after it had been killed s.
many times. James was particular.
emphatic. He was fairly trembling
with Indignation and ii was not lon;
before fire was fairly shooting between
him and Kearns before the discussion
had been on many minutes. Finally
however, President Smith managed [,
get the house somewhat orderly anC
debate on regular lines set in.
The Objectionable Section.
Fans. of Utah. moved to strike gu
the Objectionable section, which read:
as follows:
The necessary use of bands for the
construction of reservoirs or storage
basins, for the purposes of irrigation
or for rights of way for the construc.
| ton of canals, bitches, fumes or pipes
to convey water to the place of use
for any useful. beneficial, or necessary
purpose, or for drainage: or for the
drainage of mines, or the working
thereof by means of roads, railroads
tramways, cuts, tunnels, shafts, hoist
ing works, dumps, or other necessary
means to their complete development
/ or any other use necessary to the COM
pIete development of <he material re-
sources of the state, or the preserva-
ton of the health of it's inha bitants
! is hereby declared to be a public use,
and subject to the regulation and con-
troll of the state"
Anderson, of Beaver, argued against
the motion on the ground that the
section was necessary for the develop
ment of the state.
s'veepinsIy Pernicious and Unjust.
James obtained the floor and began
to excoriate the committee. He
claimed to have been a miner for thirty
years and TO have extended his opera
lions from Canada to Mexico. But he
never had encountered such a sweep
lnSly pernlciouS and unjust principle
1t was so amazingly wicked that he
was surprised at any member of the
convention putting ii forward. There
would be no rights of private property
under It. No miner or farmer could be
secure in possession of his claim or
farm as it might be confiscated at any
time.
Bowdle argued that no provision
could authorize the taking of private
property for private uses. The state
had not that right.
Eichnor Gets Wild Again.
Eichnor-Who owns the property Of
the state?
Bowdle-The people who are on the
land
Eichnor-Do you not know it is a
principle of law THAT the people hold
the title, but the state owns the land?
Bowdle-But the state cannot take
private property for anything burt
public uses.
Bowdle, that if Mr.. Eichnor's theory
is right. there is no need for this sec
ton?
Bowdle-Yes.
Kimball, of Weber, am in favor of
this section. When God Almighty
created the earth, he made Utah He
even made San Juan. daughter, in
which Hammond joined) There must
be irrigation to develop these lands.
Then Why So Provide.
Thurman-Do you believe mining
and irrigation are public uses?
kimball-Yes.
Thurman-Then why declare them
public uses if they are? What is the
value of the section?
kimball-There is a division of
opinion among judges as to what is
a public use We want to settle that. /
Thurman-If thing is not a public /
use can we make 1t so by declaring it !
in the constitution?
Kimball-No, we could not. But .
we want to settle Nlie conflict between /
the eastern and western judges.
Against Coal Mine Inspection.
Thatcher said Eichnor'S contention
that the state owned all the property
was new to him. He continued that
it was peculiar to see the mining ar
ticle up again aftev it had been
killed. 1t was the same principle of
vesting power in the state that had
been killed in the irrigation article.
He was also opposed to the coal-nine
Those officers are taken in
hand by the mine-Owners. shown the
safe part of the mines and report all
n good condition. Three days later
here is an explosion and fifty lives
Ire lost.
Roberts-Who is the father of this
,hild? Oaughter)
The President-Mr. Kearns. !
Roberts, have heard several al
empts to learn its parentage. The ,
gentleman should not be ashamed to I
acknowledge his progeny. Nearns
)lushed)
The Same Snake.
Roberts continued he had several
hings he wCrld like to dgitate, but
he convention had declared against
>
rad been decided three times against
he principle. Men should learn to
ubnit gracefully when majorities
re against them. They should not
ring the subject up time after time
he section was crude and would
nork harm. Tt was much better to
cave the whole question to the leg
stature and the courts. He protested !
gaIinst bringing on the floor a snake
nat had been killed time and time
gain. .
Creer-Why did you bring up the |
lffrage question time and time /
gain?
Enthusiastically I voted against $
ringing the suffrage question up I
gain. That question took its regu-
+ course. :
Time Not Wasted. J
Snow-Mr. Roberts's point about =
aste of time is not we'll taken This 7
lbject has come up in the regular :
launer. These rights of eminent do
ain secured in the section are abso-
rtely necessary to the development
the public lands. Rich corpora o
ons or other owners might act like b
ogs in the manager and prevent the d
Hiding of reservoirs or irTigaIting g
tches. "
Ivins-This is q new question. 1t fl
Is not been before the convention Il
fore this morning. C,
same matter was 81
ought up on the bill of rights by Mr..
an Horn. a
in the same terms More $,
lrm will come from the rejection of .
e provision than its adoption. In the a,
rrif0rv there ara railway o0T1o no n iac