Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-15


Todny's Proceedings
The meeting This morning, which
began VI 1910 was called " order Dy
Presiuent Sutherland.
The frst payer read was hy ex.ChiUf
Justice q. =. Zlus, the subject chosen
~ him beiug "rhu Constitution"
10 was Get forth Ia the outset that
after territorial existence OF more
than forty yoats, The Uuitei SatUs
government had uaasCd an act en-
nUllug tue people OF Utah TO erect q
state government, rHu Limitations
upon the powers yi the state ami The
commands Tor It 10 UbuF must be e..
pressed In the Constitution, according
10 the will OF tue people. rnat
the government established might be
ia harmony With tho principles uu-
uuuuood ia tho Declaration Oi lndc.
pcndenCe, IL Constitution aud laws
must DO equal 10 al men, anu they
must protect every man iu his rights to
iiiU aud liberty, and Ia the right
10 pursue happiness IN any Legitimate
field OF human effort. Tue Blatu
must uo based upon the will Of
tho people nul that H. Con.
ttituti1u mlgut continue 10 be- an uX-
preston OF their Will, a method must
bs provided by when amendments 10
10 uOuld DO speedily made, he tue uUcos-
city Tor them should appear with
growth aud pf0grrss, with the OK.
preston VI thought aud tho advance.
mrut 0f knowledge, anu ~ Invention
and discovery should 60 on, and Obser.
walton sud experiences should reflect
more light on the pathway VI the
iulurc. That tho government 90 o..
tsblishcd might secure domestic tran.
guilty ana respect abroad, 10 must
possess sufficient power 20 vindicato l,s
authority. Nhiiu statehood would
elect a complete change la tue form Of
our local government, the III Ci OF that
change would not be no dituucily felt
by the people a. the masses u thom
now anticipated; Tor much OF tho grUat
tystom VI laws known ~ the Common
law would, M all probability, he ruC0g-
uiEed aud permitted " remain In force.
While the knowledge aud moral
power " the present generation might
exceed any that had gone before, We
.hOuli not depart without due o0nald.
ration from the rulos hnd lines along
which civilization had Aoted-wO
6hould not inoonsideTatoly turn away
from the paths Ia which our fathers
uhl trOddcn.
Ia their Consultation the people
might dispense with u jury In any
case, or Ia nuy class Of cases, or they
might say how many persons should
compose Jury, or thst any number
not less than n majority mik INT render
verdict anu prescribe their gualihc
done, OF they might leave thu whole
yubjsOt 10 tho Legislature with such
directions aud restrictions ~ they
might determine. Tho right 10 a trial
uf Issues OF fact Ia criminal hud Othei
law cases bya Jury OF twelve men had
existed ~ long that proposition ~
abandon IL or make any material
change with respect 10 II
would meet with much opp0bl
lion. Tho tribunal most likely q
nscertaln tie truth should BE- selected
10 try Issues Of fact; fJr truth was tue
end 10 be- reached. just vordicte dil
not depend % much on tue number OF
Jurors as upon tueir intelligence, im
uaftiality nnd moral p1Wot-their IN
lelloctual capacity, Integrity aud inis
ness. They ought to be- selected viii
regard 10 their qualifications and NJ
uass 10 dischRTge the duties VI iufOra
Their ought 10 be- ascer
tained by higher standards and more
flgid toalB than were now employed.
At the common law accusations o
felony were made by Indictment, ant
ia this Territory accusations Of misue
msAnOra were made by the same pro-
cess, In some oi tho states iuiOtma
lion filed by n prosecuting ofllcer wa
tubstituted Tor Indictment IN all cases
rhis, the speaker believed, Was tn
better method unless Tue court deter
mined that the ends OF Justice de
msuded a grand Jury g. Investigate
particular charges.
C1ruoratiOus were authorized by tn
state upIn tho assumption that lhel
existence would lenuhg tue public
not for tho purpose ui euabling tncl
shareholders ana Oillugra 10 ENJOY OK
elusive privileges anu uunvilts turouEl
them, ~ the injury aud GClrlment o
tue public. Their iraughiacB shOul'
not be- allowed to DO used aB insFu
meutnlillus to raise ARTIFICIAL buslneh
conditions aud 10 secure mon0pohel
thereby To obtain gr0At wealth on
power aud 10 WELD ~ against tue com
mon g0od. Their powers th0ulu D.
limited, private rights projected an
the inttfrsts VI the public nalntaiuo
against their on cTOaChmeuls'
Judge Zane then dealt with ga
question OF reasonable 'clmprltalln
Tor the use Of capital employed IN Gel
tain classes OF business, the hAluB
maximum passenger tarltls ani iiriEu
rates, ptc. A provision f.qiiuha sue
legislation should boo embraced 10 tl'
u 40 Constitution. .
Experience anu observation hAl aye
shown the necessity Tor con7lllu. 'onH
limitations upon tho lulouieuup'
which municipal corporations mig
incur.
A. 10 the mode Of c0mpeusa'iu
county uhicsiB, Judge Zane 'Apfels.',
the opinion tupi u was better 10 al'.
them fixed salaries tnnu permit tl''
TO tuHo the ices thSy might co"se
Such a system tempted h8ih'h anu W.
honest iluurs 10 chafge prf'lus W,
required their s0tyicus illegal Iupa'
wac beltOr 10 rtquue all suuh 1880 W y
PAID into the county treasury
Constitution should require tAe "-
legislature under 10 90 pass ID" y
quillug this and Command mo @ uN'
court uf county board 10 hE mesa AZ u
u ouch tniurrs aud their del uhrsi 90
amount necessary for olurH hllei b''
tiouoIy, iuri ana other expenses,
Constituuon, am lava suoulu ne
lrnmtd oh 10 secure an hOueal % 10
VI the viii ~ tho people. Tue WI
no voter should not DO inhuoHosl