The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-04-04

ONCE OF recorder of mining districts
came from the committee on judiciary
recommending its passage, although the
chairman of the committee declared he
was not in favor of the bill
Mr. Chambers favored the bill, while
MI Driscoll was against it, the latter
on the ground that it would inconven-
fence miners.
Booth declared he had examined the
constitution and believed from the read
ing that the office of mining recorder
was district Office and as such ought
to be paid fixed and definite salary.
Jones moved as an amendment to
strike out the enacting clause.
Warner made a point that the report
OF the committee was under considera-
ton and a motion to strike out was not
in order.
The chair SO held.
The report was adopted, and Jones re-
newed his motion
After some time had been expended
IN debate. a motion to defer was made,
which failed to carry.
The motion to strike out failed, and
the bill passed to second reading.
The senate then took recess until 2
o'clock.
CLAIMS REJECTED.
Upon reassembling, the board of ex-
into the claim of George D. Pyper for
S175 compensation as district court COM
missioner for the Third district and re-
jecting the same on the grounds that
the claim was for work performed
since January 1, and that the admis-
sion of Utah as a state abolished the
office
On the claim of c. c. Dey, assignee
of Joseph P. Bache, for 81, 900 due as
compensation for services as territorial
statistician, the board reported as hav-
ing placed his accounts in the hands of
an expert.
The claim of Letitia S. Kelsey for
$S,267.95 for witness and Jurors fees pur-
chased in scrip. was rejected as being
an improper charge against the state.
THE TAX LEVY.
Mr.. Snow called up the bill fixing the
! tax levy for the year 1896, and the bill
passed; ayes, IA; absent 4. The levy
will be s mills, as originally provided.
EDUCATIONAL BILL.
House bill 1OS, the educational bill,
was then taken up.
Mr. Evans moved that section 20 be
amended to conform to the county gov
eminent bill providing for the election
of county superintendent at the election
ally thereafter which was agreed to-
The time oli taking office is fixed at
August !, noon, following his election.
Section lis of the BILL providing lin
cities of the first and second class, the
public school system shall be main
tanned and controlled by the board of
education of such cities separate and
apart from the counties in which said
cities are located" was stricken out
nv ho foa
moved its reinsertion with the follow
ing amendment: provided that this
section shall not be construed as re-
lating to the levying, collecting or ap-
propriating of state and county taxes"
Mr.. Evans declared the provisions
stricken out by the house were those
contained in the constitution. The con-
tention has been made that the county
taxes collected shall be divided pro
rata among the school districts of first
and second class cities. He wanted TO
interpret the law so as to furnish the
courts with proper information, hence
the proviso. The proposition to cut
the cities loose as regards schools was
no more tangible or reasonable than
to say the city property owners should
pay no taxes to the state.
Mr. Sutherland said the proposition
to interpret the law by discussion in
tha senate was an absurd one The
courts were organized to interpret laws.
We might as we'll pass a bill entitled
"a bill Interpreting the constitution"
he did not care whether section 11S |
was inserted or not, but if it was he
objected to any definition of the Ian
guage of the constitution, which was
repeated in the section. The section |
meant what it said. and the courts /
are the authorities which will pass !
upon it. 1t was folly and absurdity to
attempt to interpret the absolute
meaning of the section by the addition |
of the proviso.
Chidester said Salt Lake men in the |
constitutional convention had argued !
for the privilege of maintaining high !
schools by taxing themselves in addi- /
ton to the regular tax. The meaning !
of the proviso was plain, as it deferred !
the law and if there was no merit in
ii, Mr.. Sutherland would not object.
Chichester believed that the courts
would interpret the matter according
to his ideas If the proviso was added.
He favored Interpreting all laws wher-
ever possible. The section stricken out
by the house, if omitted, was a direct
blow at the state tax, and if the cities
were cut off it is commended that it will
result in cutting off a portion of the
revenue. He did not believe right now
that it would, but wanted to guard
against any after consequences.
Mr. Snow said the provision of the
was questionable, although
gentlemen might urge that thsy were
satisfied it was not. The idea expressed
therein was repeatedly voted down in
the constitutional convention. 1t was
surely an entering wedge against the
system of having a division OF the
school funds. He favored inserting the
provision. But he was glad that OPP
position was based, not on selfish
grounds, but because of the uselessness
Of the amendment.
Booth was in doubt as to how courts
might construe the section of the con-
stitution from which the provision of
the bill was adopted. But the senate
was not here to doctor the constitu-
ton, but would pass laws in conformity
with the fundamental law. To try to
do otherwise is an attempt to amend
the constitution. He was opposed to
the amendment.
Warner asked Booth if the opinion of
a legislature in making law would
not be considered by a court in de-
Gliding as TO the legality of the law, ;
and received an affirmative reply. al
though Booth inclined to the belief {
that in this case it was better to per- ;
nit the court to interpret the section. ;
Mr.. Cannon asked Booth if he be-
ieved the principle of the constitution
was correct, to which the latter re- {
turned an evasive answer, saying he {
had nothing to say in relation to the
light or justice of the matter beyond
f it was not right, why did the franz
ers of the constitution insert it?
Mr.. Cannon left the chair to relate S