The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-26

! the whole people, not one district.
Thurman said the plan proposed
would be much more just to the peo-
pie of the outlying districts, and he
would support 1t.
! Goodwin said If this thing was to
prevail and the judges were to be in
iected into politics he would turn right
about and try and make every judicial
district in the state Republican.
Partisanship and Judiciary.
Richards you not tried to do
| that already
Goodwin-No. appeal to all mem
bers Of the committee to Say whether
any partisanship came into the COM
mittee.
Evans Of WeberLThere was none.
A recess was taken from y until 2
o'clock.
Chidester Took 1T Back.
During the intermission Chichester
! found himself freely jumped upon by
those who wanted to get home. A
/ fight on the proposition to elect su-
preme justices by districts instead of
at large was imminent and, of course,
it was seen that this would mean long
er time for crops to take care of them
selves. Both city and county members
went after Chichester red-hot and, as a
consequence, he Withdrew his amend
ment Immediately after President
Smith called to order again at 2
o'clock He said he saw fire in the
eyes of several Of the leaders of
large opposition. He did not want to
precipitate a fight. and rather than do
so he was willing to extend the olive
branch. More than that he desired to
be just and to recognize the many
concessions made to the outside coun-
ties by the Salt Lake delegates.
ont o.
ton to the effect that ''the judges OF
the supreme court elected at the first
election under this constitution shall
Immediately after said election be Sc
lected" by lot as to their terms. Lost.
Young Lawyers in 1t.
On motion of Goodwin the minimum
age of judges was fixed at % instead of
80 years. Goodwin said Napoleon over
ran Europe at &c and Alexander had
conquered half the world at 20, and the
young lawyers should be given
chance.
After brief debate the following
amendment Of Evans. Of Weber, to Sec
ton 5, was adopted: "All civil and
criminal business arising in any coun-
ty must be tried in such county, I'M
less change of venue be taken In
such case as may be provided by law.
Number of Justices.
On motion of Cannon section was
amended so that 1.-The legislature shall
determine the number of justices Of
the peace to be elected in the state.
without reference to city. county or
precincts. This occasioned great
deal of discussion, in which, of course,
the conditions and ENVIRONMENTS in
this city came to the front.
Evans, of Weber. offered the follow
ing substitute to section s: THE leg
islature may provide for the election
of justices of the peace in each county,
city and incorporated town In the
state and fix by law their powers and
compensation. The Jurisdiction Of JUS
tees of the peace shall be as now pro-
vided by law. but the legislature may
restrict the same" Lost on a close
vote.
Appeals to Supreme Court.
Richards offered an amendment to
insert the words upon such condi-
tions and under such regulations as
may be prescribed by law relating to
appeals to the supreme court. How
ever, he withdrew this when Thurman
offered a section providing that appeals
shall be taken to the supreme court
from the district courts on both law
and fact in equity cases and law alone
III CIVIL CdSGS uliICb SQS4i iO5 tic-tAO4iS
as may be provided by law.
Evans, of Weber. moved an
amendment making it possible
for the supreme court to re-
view only the law. He said
that a trial court is the best Judge OF
facts. 1t has the witnesses at hand
and sees all the actions Of witnesses.
He did not want a retrial or the
supreme court. That tribunal is too
70 rar,,ouod from the naOrJp.
Equity and Civil Cases.
Varian drew a distinction between
equity and civil cases. He admitted
that in the latter there should be no
right of review on facts, but TO allow
a review of facts in equity cases is in
accordance with the whole system OF
the common law.
Evans denied that the right OF re-
view of questions Of facts was found
either in England or America. It
would be unjust to allow the supreme
court to settle conflict on the evil
dence.
Thurman said the design was to pre-
vent the review by the supreme court
of the sufficiency of evidence as at
present He did not think the section
would extend as far as Evans feared.
Thurman's section carried by a vote
of sc to 20.
Salaries of Judges Again.
The question of judicial salaries came
I'D again, when Greer, of Utah, offered
an amendment giving supreme court
justices $4,000 and district judges $500.
This was lost.
Evans, of Utah, moved that the
salary of judges include mileage.
Charley Crane wanted to go better by
giving necessary expenses. bat there
was too much fear of large accounts
and he was votGd down. Evans mo-
ton was knocked out by a vote of 65
TO 20 and a later amendment of his to
fix the salary at $500 was also killed
by vote of 80 to SO.
Richards moved to strike out the re-
qulrement that ''every point fairly
arising upon the record of the case
shall be considered and decided" by
the supreme court. Lost, q to SO.
Judges Shall Not Junket.
On motion of Eichnor the following
additional section was adopted: ANY
judicial officer who shall absent him.
self from the state or district for more
than ninety consecutive days shall be
deemed to have forfeited his office:
provided. that in cases of extreme
necessity the governor may extend the
leave of absence to such time as the
necessity therefor shall exist
No Night Session.
The convention decided it would not
have night session, but would con-
time until o'clock, after some strong
talk on the subject.
fVarian moved to reconsider the vote
bv which Thurman's substitute on APP
speals to the supreme court was