The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-16

sumed its session yesterday morning
in the supreme court room. The flrst
paper read was by ex-Chlef justice
c. S. Zane, entitled, 1.-THE Consdtu-
tion.'
1t was set forth in the outset that
after a. territorial experience Of more
than forty years. the United States
government had passed an act en-
abling Utah to erect a, state govern
ment. The limitations upon the pow
err. Of the state and the commands for
it to OBEY must be expressed in the
constitution, according to the Will of
the people. That the government es-
tablished might be in harmony with
the principles announced in the Declar-
alton of Independence, its constitution
and laws must be equal to all men,
and they must protect every man in
his rights to life and liberty, and in
the right to pursue happiness in any
legitimate field of human effort. The
state must be based upon the will of
the people; and that its constitution
might continue to be an expression Of
their will, a method must be provided
by which amendments to 1t could be
speedily made, as the necessity for
them should appear with growth and
progress, with the expression of
Thought and the advancement OF
knowledge, and as invention and dis
covery should go on, and observation
and experience should reflect more
light on the pathway of the future.
That the government SO established
might secure domestic tranquility and
respect abroad, it must possess s1ffi-
Gent power to vindicate its authority.
While statehood would effect a. COM
plete change in the form of our local
government, the effect of that change
would not be so distinctly felt by the
people as the masses of them now an
ticipated; for much of the great sys-
tenn of laws known as the common law
would, in all probability, be recognized
and permitted to remain in force.
While the knowledge and moral
power of the present generation might
exceed any that had gone before, we
should not depart without due consider
alton from the rules and lines along
which civilization had acted-we should
not inconsiderately turn away from
the paths in which our fathers had
Erodden.
In their constitution the people might
dispense with a jury in any case, or in
any class of cases, or they might say
how many persons should compose a
jury, or that any number not less than
a majority might render a verdict, and
prescriDa their qualifications, or they
might leave the Whole subject to the
legislature with such directions and re-
etriCtion5 as they might determine.
The right to a trial OF issues of fact in
criminal and other law cases by a jury
of twelve men had existed so long that
a proposition 10 abandon it or make
any material change with respect to
II would meet with much opposition.
Ine tribunal most likely TO ascertain
the truth should be selected to try is
sues of fact; for truth was the end to
pe reached Just VerdictS did not de-
pend so much on the number OF iuq,ors
as upon their Intelligence, impartia.itv
ana moral poWer-tneir intellectual ca
paclty, integrity and fairness. rTbav
ought 10 be selected with rac,5r5 ~
Vhelf qualifications and fitness TO dis
charge the duties of Jurors Thai,.
qua4rlcauons ought to be ascer-
named by higher standards and moro
Ilslo tests than were now endowed
u. coIlIli5n law, accusations of felony
WEE MADE by Indictments, and
an NsllS territory accusations ,f r77ie-Is~
meanors were made by the same nro-
cess. In some Of the states jnforr7a-
ZION MED by a. prosecuting officer Nv, :,
substituted for Indictment in AN cases
inns, the speaker believed. was tha
Better method unless the court ,7etar-
mined tEat the ends of Justice de-
manded a grand jury to investigate
particular charges.
corporations were authorized bv tho
stare upon the assumption that their
existence would benefit the public
not Tor The purpose of enabling thar
shareholders and officers 10 enjoy ey-
elusive privileges and benefits through
Them, 10 the injury and detriment of
the public. Their franchises shOuld
not be allowed to be used as instru
mentalities TO raise artificial business
conditions and to secure monopol5es
Thereby to obtain great wea1th and
power and to Weld it against the com
mon good. Their powers should be linn
TIED, private rights protected and the
Interests Of the public maintained
against their encroachments.
Judge Zane then dealt with the
question Of reasonable compensation
for the use of capital employed in Ger
tain classes OF business. THE fixing of
maximum passenger tariffs and freight.
rates; etc. 4 provision requiring such
legislation Should De embraced in the
Utah constitution.
Experience and observation had also
shown the necessity for constitutional
limitations upon the Indebtedness
which municipal corporations might
incur
As to the mode Of compensaHng
county officers Judge Zane expressed
the opinion that il was better to allow
them fixed salaries than permit them
to take the fees they might collect.
Suoh a system tempted selfish and dis
honest officers to charge persons who
required their services Illegal fees 1t
was better to require all such fees to
be paid into the county treasury. The
constitution should require the first
legislature under it to pass a law re-
quiring this and command the county
court or county board to fix the salar-
les Of such officers and their deputies,
the amount necessary for clerk hire
stationery, fuel and other expenses.
Constitutions and laws should be SO
framed as to secure an honest express
sion of the viii of the people. The Will of
the voter should not be influenced By
fear and intimidation. by fraud or
bribery, or any other improper motive.
The man who sold his vote, who
bought one, who knowingly cast an
Illegal ballet, who induced another to
DO 50. who put a. ballot in The box
after the poll had closed, who wrong
fully took one out or changed one
after 1t had been deposited, should be
condemned as a felon and severely
punished, rendered infamous and be
forever deprived OF the elective fran
chise. By such conduct man proved
that he was an enemy to the princi-
pies Of self government and unworthy
10 be entrusted with the right to the
elective franchise.
In forming q constitution it would