The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-12
THAT ELECTION CONTEST
Continued from pag, L;

The vote upon the final passage of all
bills shall De by yea and nay
II viii be seen that while section y re
quires that the vote upon the fna,
passage Of all bills shall be by yea and
nay" when il comes 10 the recording of
such vote upon the Journal il need only
be done lat the request OF five members
OF such house
SHOULD END THE DISCUSSION.
I submit that there can he no question
in view of this constitutional enactment
that the Journal need not show other
than il does. and every presumption IS
that the legislature did all that the con-
sttution requires IN the passage of the
bill.
This it would seem, ought to end the
discussion; but 1 row propose TO 20
further and show that the inquiry pro-
posed BY this petition as TO the man
ner of the passage of this bill ought
not. and cannot be entered upon this pro-
ceding.
In order to properly enforce this idea
it becomes necessary to ascertain what.
under our state government, Is the high
est and best evidence of the proper pass
age Of legislative enactment? This can
only be ascertained from the provisions
of our constitution, and it becomes nee
essary here TO quote somewhat freely.
Section q, of article 6, OF the const;tu-
ton provides:
The presiding officer of each house. in
the presence Of the house over which he
presides. shall sign all bills and joint reso-
lutions passed by the legislature, after
their titles have been publicly read :m-
mediately before signing, and the fact
of such signing shall be entered upon
Section 5, of article :, provides. $50
much of it as is germane to this cues
EVERY bill passed by the legislature
before it becomes a law shall be pre-
scented TO tine governor; if he approve, he
shall sign Il, and thereupon 1t snail be-
Section is. article :. provides:
The secretary of state shall keep
record of the official acts of the legisia-
ture and executive department of the
state"
i is mere seen
First.-That all bills PASSED by the legs-
lature must he signed By the presiding
officers of each house over which he pre-
sides. ard that the fact that he mas
signed any bill must be entered upon the
Journal Of such house.
SecOnG.-That the governor being made
by the constitution constituent part OF
the legislative department of the gov
eminent, the bill must. after such signing
by the presiding officers of each house,
be submitted 10 the governor before it
becomes d law. and If he approve Il, he
shall sign il: and therefore il shall be-
Third.-That the act. when so signed
by the presiding officer Of each house
and approved and signed by the gov
ernor shall then be lodged with the sec
rerary Of state as its official custodian.
Now let Us see if all this has been
done Both the bills under question are
what are known as senate bills; that Is.
they originated in the senate; one is des-
ienated as senate bill 1O2. and the other
as senate bill No % Let us take senate
bill No. 102 first. At page 6l1 Of The
senate Journal We find that George Suth-
eriand, as chairman OF enrolled DIS on
April ;. 1895, reported 10 the president of
the senate, among other things, as loi-
lows:
and making sundry provisions Corcerning
elections. has been carefully examined
by him and that il was truly enrolled and
then follows Immediately inns entry:
Senate bill No. 131. Senate bill no. 102
and senate bill No. s.. was read by title
and signed by Mr.. President in open ses-
sion Of the senate
The house Journal at pages 7.9 and 80
contains the following entry: S5nate
chamber. Salt Lake City. April = 1856
Mr.. Speaker, l am directed 10 transmit
to your honOrable body for your sigma
lure senate bill No. I3l. relating 10 ac-
ditional fees Of secretary Of state: also
senete bill No. 50. relating TO permanent
registration lists; also senate bill No. lO2
relating 10 sundry provisions concerning
elections. read by title and signed IN open
session by the president OF tne soma -e-
Secretary"
And Immediately following this is:
SENATE bill No ~. senate bin So. and
rena-e bill No 1GZ. as read by title and
signed by the speaker in the presence OF
f- mouse"
1t page $50 of the senate Journal before
eutioned is the following entry:
Executive Office, April 5 1895.
To the President and Gentlemen CT lie
I have the honor 10 inform you that
7 have this day approved and nled n tne
office of the secretary OF state. senate DlH
No. 1O2. entitled An act relating 10 and
making sundTy provisions concerning
elections. Very respectfully
"HEBER NJ WELLS Governor
As TO the second bill mentioned in The
petition being senate bill No. -, we find
at pages 497 and s99 cf the senate Journal
the blowing entries
Committee Room. March y, 1925.
Mr. President-Your committee on en-
crossed and enrolled bills. to whom was
referred the act relating TO elections. de-
fning offences against the same. and pre-
scribing punishment therefor as amended
to meet the objections of the governor
have had the same under consideration
and find the same truly enrolled
GEORGE I-THERLAND. Chairman.
And Immediately following this entry is
said act was read b. title ana slgnet
nv Mr. President II open session Of lhf
senate
IS the following entry:
Communication from the senate:
Senate Chamber,
salt Lake City. March q 1895.
Mr.. Speaker am directed TO transmit
10 your honorable body for your signature
senate bill No p relating TO elections
defining offences against the same, etc
as amended. properly enrolled and signe(
by the president OF the senate IN opeI
session. Respectfully,
LILLE +. PARDEE. Secretary"
And Immediately following:
SENATE bill No. .. read by title and
signed by the speaker in the presence Of
Ind at page 5o4 o. the senate Journal
We md the following entry;
Executive Office, March .. 1885.
s'To the President and Gentlemen Of th'
- have the honor 20 inform you that
have this day approved and flied IN III
office Of the secretary Of state senate bil
No % entitled An Act in relation Il
elections defining offences against th'
game and prescribing punlsnments mere
for Very respectfully
.'HEBER " WELLS. Governor.
Here is an array of evidence OF the hlgn
est possible character that these TWO act
If fhe legislature were passed in &C
cordance with the constitution. and ln'
question Is now pertinent; can there be an,
doubt in the mind of this court that ther'
is nothing Of merit in the CONTENTION o.
The petitioner When we come 10 the de
ciied cases We find that the evidence mere
arrayed IS held to be conclusive ana IN
impeachabie as to the proper passage o.
the laws by the legislature cite on
Of a great number. only four which woult
seem to be sufficient.
Field VS.. Clark. 1i3 I. 5. SAP
L s vs.. Balm. IA L. )
v-ons VS. Woods. 1873 Z. 5 be6.
Harwood vs. wentworth, 162 [. s. 81.
TIC first was a case wnere II wa
sought to show than an act OF congress
as signed by the officers of the tw'
houses Of congress, and approved by m
president and deposited with the secre
tary of state. was not the act that reaii.