The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-22

amendment to the section and Evans
again rose.
II now take the point" he said, that
the tabling of Mr.. Eldredge's motion
carried with it the whole section. l
will read from section 35.''
Varian was on his feet in an Instant.
This is simply trying to get at the
matter in another way" he said. 1.-The
gentleman is clearly out Of order"
RapI went the gavel.
THE point is well TAKEN" said
Squires.
Il appeal from that decision" said
Evans.
He then proceedd to argue the point.
He said the question he raised had
been raised once before by Varian, who
was now so bitterly opposing the hear
ing. At that time the house mad agreed
TO it. He had agreed and had made
a motion which recognized the justice
of that point.
Varian was again on his feet.
If that is the gentleman's point"
he said, then misunderstood it. I
agree with the gentleman. 1 inter
rupted him in spirit of fun and really
did him an injustice. Did the chair
understand the point in that way?"
Squires Above Rule.
The Chair-I did, but ruled it out of
order to facilitate business.
Varian was plainly Disguised at this
exhibition of coneeit on The rar; of
Squires. He said plainly mat he
had been in the wrong. The question
was further argIei ~ Evans, Thur
man and Hart, and Evans was finally
sustained by an overwhelming vote.
THE chairs decision is list" said
| Squires.
! this ended a tangle in which Evans
was right from the first. 1t would not
nave come up were it not for the in
tense egOtism of SquireS, who seems
to think he is above rules.
Right of Hnbeas Corpus.
Maloney proposed an amendment to
the fifth article, making it possible to
suspend the writ of habeas corpus
only in such manner as shall be pre-
scribed by law" He said this provision
was to be found in the constitutions of
many states and was indeed wise, be-
cause it would limit the oppressive ex-
ercise of this most important privilege.
Thurman asked who was to deter
mine when this privilege was to be
denied. He did not want that left in
doubt. 1t should be made the impera-
tive duty of the legislature in time of
peace. 1t is an extraordinary thing to
deprive an American citizen Of his lib
erty without redress. 1t is no argu-
ment that other constitutions have
omitted to make such provisions as
this. The convention is making the
fundamental law for the state of Utah.
If it is to follow others, then a COM
mittee should be appointed to copy
other constitutions and the con-
vention should adjourn. A limi-
| tation should be placed on a
possible abuse of power. The courts
should be open to every man except
on extraordinary occasions. Let those
occasions be predetermined.
Varian did not want the exercise of
the privilege Of suspension hedged
about with any conditions which might
work i'll to the state. If the legislature
should, not make laws on the subject
then action would be made impossible
by this provision.
Van Horn said the proposed amend
ment was contrary to the genius of our
institutions. Under the cloak of it, if
the legislature did not take action
conspiratorS might work to overthrow
the governm emf.
Thurman-In whom would you leave
the power of supending the writ?
Van Horn-With the executive.
Against Capitalization.
ThurmanlThen I am opposed to
you. 1 do not believe in centraiizing
SO much power in one man. If you
place it in the legislature 1 will favor
your idea.
Evans opposed the amendment. The
right of habeas corpus is one Of the
jewels of liberty. But it can only be
granted in times of peace and quiet
In time of war, when conspiracies may
be formed and rebellion is rife this
prerogative must be denied. The gov
eminent in defending its own existence
must have full power.
Goodwin said this is supposed to be
a free country. But here we have the
nucleus of a standing army and in that
there is perfect tyranny, but it is
necessary for the discipline of the ser
vice. If war should come this must be-
come general The men in charge in
times of peril cannot afford to tell their
plans. They must use their own judg-
ment. They must have full power
Maloney's proposition would neutralize
that power.
Maloney made a strong argument IN
favor Of his amendment He was
against centralizing the power in the
hands of the governor. 1t should be
left to the legislature. He showed that
many states would allow no suspen-
sion of the writ, while others would
allow it only through the legislature
If men who argued against his pro-
visions had been in the war and seen
how the suspension of the writ had
been abused they would be willing to
place every safeguard around it.
For Full Liberty.
= Roberts said the suspension of the |
writ Is the highest power conferred |
upon the government and is suscepti- |
BILE of the greatest abuses. This is |
the right which should be most care
fully guarded by law. The spirit of |
the American people is to guarantee |
individual liberty. He did not favor |
the granting to the officers of the gov
eminent of arbitrary power, without |
guarding it about by all safeguards. |
He thought the matter should not be |
left to moments of excitement or pas
sion, but that full provision should be |
made in moments of peace when calm |
judgment could prevail.
A vote was taken on the proposition |
and it was lost By vote of 40 yeas
and 81 noes.
In section Van Horne moved to |
strike out provision against outlawry
or exile except by due process of law. |
Carried.
When section was brought up for
consideration Varian asked if the pro-
vision Persons arrested or i'm
prisoned shall not be treated with I'M
necessary rigor," was not SuperffuouS. |
Wells-No. 1t is to insure humane |
treatment.
Thurman (dryly)-May I ask the
gentleman if this is copied from any
state constitution?
Wells-Not the exact words
Thurman (still more dryly)-I am
afraid then we should not adopt it.
We must have the exact words Of |
some state constitution. Oaughter).
Trial BY Jury.
Evans moved substitute to the 10th |
section as follows:
nal cases shall remain inviolate; but |
the legislature NAV nrOVidp for a |