The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-06
body has absolutely no authority under
parliamentary Law or statutes as a leg

The right to Judge of the dualifica-
tons Of the members of this body I'M
doubtedly exists after its organization.
That involves the highest right of rep
resentation. But the proper stage had
not been reached. The enabling act
makes applicable the territorial cleo
ton law which provides that the only
pTima facie evidence of election IS the
certificate issued through the canvas
sing board especially created That
certificate can be the only prina facie
evidence of a man to sit in this body
This is not new question IF there
had been no statute applicable In this
case the general rule would apply and
the men could have been seated only
Under their certificates. The member
seated under this certificate, whether
riShtfui1y or Wrongfully, would hold
his seat until the convention had been
fully organized and the subject given
thorough and just investigation
through the proper committee.
YaTian. then quoted from Cushing
manual of parliamentary law and also
from NTcCreary on elections in support
of his contention that the preliminary
organization has no power TO go be-
hind the certificates or to make any
investigation whatever in case there be
a lack of representation. Both held
that over such subjects as those the
regular permanent organization had
the only jurisdiction.
In the case then under discussion, he
continued, no return whatever had
been made regarding the representa-
ton from q certain precinct. The pre-
hninary organization had absolutely
no knowledge that an election had
been held II could have absolutely no
knowledge until it becomes regularly
organized convention and investigates
the matter through its proper commit
tee. All there was before the body was
some aff1daVits alleging that five GER
tain persons had been elected. But
these we're not sufficient for the COM
mittee. They could not take the place
of the certificates required by law
without oVerturning the laws, customs
and traditions Of a century.
He did not doubt that when the con-
Vention had been fully organized II
could reach out its arm and take
charge of this question. It would then
be its right, as q sovereign body, TO
Judge Of the qualifications of its own
members. But no more than a court
of justice can it act summarily, With
out giving full and fair investigation
of all the matters that might be placed
before il in connection with the case,
1t is no answer to say that part
of the people of the territory viii be
unrepreSented for a time if we will
wait for regular organization and in
VeStigation It is far better that some
portions OF them should be unrepre-
sented than all. 1t would be better TO
have portion unpepresented all dur
ing the session than TO delay organiza-
ton and idly fritter away the valuable
time Of the convention.
Where is your authority for this?"
he continued. There IS none What is
your motive in this case? VIII it bear
the nght2 Do you believe in your
coDSCienceS or under your oaths
that you have the power to do thiS1
If you have the power 40 you think it
is expedient to do this Ihing? Do You
thing it wise for this body, formed to
make the organic law, to set an eX-
ample to be followed by futures ieSis-
latures? Do You believe you should
adjourn over day after day in order to
decide on the QUALIFICATIONS OF the
members from the Third precinct.
What reason is there for Il? are re
TO show to the people of the territory
and the country that we cannot form a
permanent organization until we have
determined on the seating of soitie few
men? That is the spectacle ne win
present. There is no Disgusting IT,
He did not believe the committee
would have power to .aalSe any deci-
sion on contest. The matter could
not be determined on aRdavits, 4
mere passing view Of this kind would
not determine the qualifications Of the
men or the number Of votes cast for
them. There has been much bitter
ness since election over this. Not one
there, however, could then say where
the right lay. They could rot until
after hearing the whole case. He ap-
! pealed 10 the delegates not TO write
this shameful record on the history OF
{ the constitutional convention at its be-
/ ginning. Their acts win be judged by
the future. The people in years to
come will look upon what We have
done in a calm judicial spirit. The
game WAS not worth The powder. They
could not afford to make the record
/ Their duty was to go on with the or
! ganization and then take up this Ques-
/ ton.
/ He asked what a, spectacle would be
( presented in case the man were Seated
and one placed in the office OF preSi-
dent and afterwards il was found he
and they were unqualified. Then they
must be unseated and what a spec
4 tacle the convention would present
I It would be almost a crime, 1t would
! be against parliamentary law and the
people of the territory. He said thai
/ the action of the parliamentary organi
I zaGon, If it referred the matter to the
! committee, meant that there would be
a hearing, or that the matter had al
/ ready been decided Il evidence %a<
( to be taken and the matter thorough1y
Z investigated that would take time anc
to day. If no hearing was 10 be bad
I why refer it to a committee? Why not
take vote Immediately and decide
! the question.
Van Horne Replies.
&
/ was nVid by this time John Henry
Smith had sat behind Varia1 all tht
time the speech was being made, ans
showing his agitation in many ways
( When Van Horne arose to speak hi
hooked relieved and nodded his heaG
with pleasure during al the speeches
in favor OF the motion
Van Horne said ne felt it WAS hi,
solemn duty to speak With him, il
! making the motion. there Was only one
! question OF whether II was Just an.
right that the convention should act
He claimed that the people were en-
titled to their rights and al he wa.
/ contending for was representation fcl
! the Third precinct. He claimed The
body was a convention as soon at i
! met and had sovereign power Their
| he Immediately controHerted ibis bJ
/ advancing the proposition that Il wa:
not a convention until it had lGT mem
berS. as that was the number res
| cribed by the enabling acI lie claim
ed that when it was found that a Ger
tain part Of the state was found with
out representation it was the right o.
the convention to 20 into the matter
and investigate the circumstance.
which brought about Suon q state o
affairs
He admitted the liability q thes1
members to contest in Ease they should
be seated by the preliminary rsat'za