The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-11

exposition of the great public wrong
that would have been perpetrated had
the majority decided to unseat Mr..
Lennon, simply because it had the
power. and without sufficient evidence
to justify the action, for, he held it
would become a precedent to guide and
justify majorities in the legislature.
CRITCHLoWs POSITION.
Mr. Smoot was followed by Mr..
Cr1tcnloW, who took the floor to briefly
state his position in the matter. He
could not support the minority find
ings in their entirety. neither could he
agree with the majority of the COM
mlttee. He had carefully weighed the
evidence in the case, and it was his
Judgment that it proved beyond room
for doubt that two votes should be
deducted from the vote of the con-
testee as having been illegal. and two
should be added to the vote for the
contestant which were not counted bv
the judges of election. This, he be-
/ Heved. should have been the finding of
the elections committee from the evil
dence, and as such a conclusion left
the cOntestee with a majority of one
still in his favor, he could not support
the recommendation to unseat Mr..
Lennon.
Mr.. Lewis closed the debate for the
majority report, after which Mr.
Critchlow gave notice he would move
the previous question after giving the
/ gentleman an opportunity to do so.
Mr. Lewis spoke brifiy, after which the
previous question brought the question
upon the motion to adopt the minority
! report The ayes and nays were called
for. resulting in the failure of the mo-
ton by strict party vote. Mr.. Neb-
/ eker of Rich explained his vote by say
| ing that he did not concur in the full
findings of the minority report. as he
believed all the voters in question had a
! right to vote, except perhaps two, and
| the minority report held twelve to have
/ been illegally cast. He took the same
position as Mr.. Critchlow, but the ma
! jority report ne could not favor, so was
! compelled to vote aye. Messrs. Smoot
and SOrensOn made like explanations
/ and Mr.. Robinson stated that he voted
no, intending to vote the same way on
| the majority report. When the speaker
announced the result the question upon
/ the majority report was called for, re-
| sulting also in a failure to adopt. Mr..
! Crttchlow's statement of the case had
| great effect. 1t struck the key note
of opinion in the minds of all the mem
/ bers with the exception Of five. and at
/ least one of these stated later that he
! did not vote his convictions. but voted
I aye OCCdUGC IIC w do d LIClIlDCI VI LuE
/ Republican contingent of the commit
I tee which had returned the report.
1 Those who voted for the adoption Of
! the report were Condor, Lewis, Nor
rill. Nye and Sevy.
LENNON WINS.
I Mr. CritchIow moved after the result
of the vote was announced that the
contest of Bringhurt against Lennon
be dismissed, and the notion carried
| unanimously.
On first reading of bills the following
were introduced:
SCHOOL BILL.
! H b No 1O3. by Stevens-Providins
for a uniform system of free schools.
| The bill re-enaCtS the present school
law to make it conform to the changed
conditions from territorial to state
hood conditions. The various sections
cover the subjects: Composition of
the board of education. power to grant
teachers diplomas. qualifications for
such diplomas, validity Of such diplo-
mas. subjects for examination for such
diplomas, authority to appoint assist
ants. revocation of diplomas, betrayal
Of travelling expenses, chairman and
secretary of the board. validity of acts
of the board, times of meetings of the
board.
Observation-Disclosures
H. B. No. 104, by Bolitho-Creating
| a state board of horticulture. defining
its powers and appropriating there
for
The bill creates a board of six mem
'bers, appointed for term of four
years by a board consisting OF the
governor, secretary Of state and state
auditor One viii represent the state
at large and the others each represent
one of the FIVE horticultural districts
created by the bill. but not yet deter
mined upon. Their salary is also left
a blank. A secretary may be ap-
pointed, but the treasurer must be a
member of the board The principal
duty OF the board will be the super
vision of all imported and exported
| trees, fruits and plants in order that
all in any way infected may be de
stroyed and so prevent the spread of
disease and aid in producing better
fruit and the urbulding of the reputa-
tion of Utah fruit.
H B. No. 105. by Ferguson Of Salt
Lake (by request)-Providing for the
appointment of a clerk Of the district
court for Salt Lake county. The du-
ties of the clerk are defined and his
salary fixed at $4,000 per annum.
ELECTION CONTESTS.
H 3. No. 106 by Ferguson of Car
bon-RegUlating appeals in cases Of
usurpation of offices. The bill pro-
vides that when a candidate for Office
is seated by being declared elected by
an election board and his right to the
office is successfully contested, the con-
tezitee must pay to the contestant the
salary and emolumentS to the success
full contestant.
The bill also provides that the clerk
of the court shall place the case at the
head of the calendar to insure an
early hearing of the contest.
RIGHT OF APPEAL.
H. B. No 1O7, by Nye-An act saw
ing the right Of appeal in cases in
which judgment was rendered by Uni
ted States and supreme court commits
sfoners prior to the admission of Utah
and in which the time to appeal had
not expired on the End day of January,
1896
H 3. No. 1O8 by Mansfeld-An act
to amend sections 1 and of chapter
AZ of the session laws of Utah. 1890
and enacting a new section known as
section 6, A, relating to the assessing
and collecting taxes on transient stock
and providing for a. penalty for fraud
uEent acts in listing, assessing and
collecting taxes on said stock.
TO MEET EARLIER.
A resolution by Mr. Critchlow, that
the house meet in future at I o'clock,
was amended to make it lis and
adopted.
A NEW COMMITTEE.
On second reading and reference Of
bills Mr. Bolitho moved the appoint