The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-30

the life of the legislature is only three
months. The salary matter will be
fixed ere the time for making a de-
post arrives. Right now the senate
and house cannot fix the salaries as
suggested. in the consideration of the
veto no false sentiment should prevail
Either the governor is right or wrong.
Senator Glen Miller said there is a
difference Of legal opinion as to fees.
He thought as the present fee system
was being continued nothing would be
gained by the passage of the bill, mas
much as these officers were keeping a
! record Of all monies collected which
would be turned over when the law
provides
Senator Snow opposed Temporary
legislation" when permanent measures
could be as well passed. He preferred
permitting the officers to collect fees
until a permanent fee bill can be
passed than attempt to override the
veto.
Allison thought the senators who
favored passing over the veto, forgot
that the governor could not amend a
measure, while the legislature could.
1t appeared to be a case of dignity
alone. If the governor finds defect
in law it is his duty to veto it. The
bill was full Of defects which the
executive has called attention to, but
the senators do not give him credit for
any motive of right in this respect. A
measure ought not be passed over an
executive veto as long as it can be
amended.
Sutherland replying, said there was
no sanctity in an executive veto
which is a modern invention. The
principle of this government is that
legislative bodies make laws, the courts
interpret and the duty of the executive
is to carry into effect. If this law is
not passed, the state will lose thous-
ands. Officers who have collected fees
will decline to turn them over and eX-
pensive suits will result. They will
say there was no law compelling us to
turn over these fees and we refuse
These officers have good grounds for
defense in such cases.
Allison read from the constitution
requiring an accurate account of all
fees and compelling the turning over
into the proper treasury. They all
know the legislature will pass a law
governing this point.
Jones favored the passing of the bill
inasmuch as the constitution was de-
fective in not covering the interval of
time
The governors opinion, in the speak
er's judgment, was not entitled to the
respect as against the conclusions of
the judiciary committee of both
houses. He would give it no more
weight than that of any senator.
The motion to override the bill failed.
Ayes-Jones, Miller R G., Warner,
Sutherland. Nays Allison, Cham
bers, Chideste-, Evans, Mckay, Glen
Miller Warrum. Snow Zundel. Mr.
President-10. Absent-Barnes, Booth,
Candland, DriscollA.
SCHOOL, LAND SFTTI Frs.
Senate petition Is from residents of
Utah county living on school lands,
asking for relief, was referred to the
committee on public lands.
DISTRICT COURT CASES
The house informed the senate of the
passage Of the substitute for house
! bill A. for an act providing for the
transfer of causes in district courts
which was referred to the committee
on judiciary
POSTAGE STAMPS.
Also the passage of substitute for
house concurrent resolution No. 6, pro-
viding for postage stamps for men,
bers' use
HEALTH BILL POSTPONED.
Senate bill II, for an act creating
state board Of health, which reached
third reading was, on motion Of Jones,
postponed until Friday.
SHEEP LAW REVISION.
Candlands bill for the prevention of
disease among sheep was reported back
as defective by the judiciary commit
tee and sent to the committee on live
stock for revision.
JUSTICES COURTS.
The substitute for house bill II, pro-
viding that justices courts in cities OF
the first class may be held anywhere
in said city the justice may select,
came up on a report from the commit
tee on judiciary, recommending its re
lection. The chairman stated it was
an unheard of idea. The report was
adopted
BILL 50 REJECTED.
Senate bill SO came up on report
from the judiciary committee recon-
mending its rejection, which was
agreed to. This bill provided for join
ing actions in civil cases.
SECOND READING.
Senate bill SO. for an act amending
sections 1850 and $780, laws of 1888.
passed to second reading.
House bill A. providing for the list
y,
read the second time and referred to
the committee on printing.
JUSTICES WILL COLLECT.
House bill q, as amended, being a.
bill for the preservation of the records
Of commissioners courts, etc, was
read and at the conclusion Jones
moved to suspend all rules and pass
the measure, which carried The
measure provides for the enforcement
by justices of the peace of the judg-
ments Of United States commissioners
and now judgment creditors can obtain
executions on judgments obtained
AGE OF CONSENT.
House bill No. 6, for an act raising
the age of consent in females to Is
years, came up on a report from the
committee on judiciary, making the
carnal knowledge Of any female over
the age of Is and under is a felony.
The bill as originally drawn fixed the
age at IS. The amendment was con-
Cured in, the rules suspended and the
bill placed on third reading. Senator
Chambers moved to amend by insert
ing the words ''of previous chaste
character
This was vigorously opposed by
Sutherland, as it opened the door for
legal attacks on the character of the
female
Senator Chambers gave as a reason
for his action the heavy penalty i'm
posed.
The amendment was lost
Senator Warner amended the bill by
eXempting boys under 16, guilty of the
offense from the felony penalty
The amendment lost and the bill
passed, Chambers and Warrum voting