The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-11

! ed before what he considered defects.
Mr. Harris replied that he consid-
cred the bill should be left open to
amendment until perfected, and was
! supported by Mr.. Murdoch.
Mr. Gushing came back with the re-
mark that if the bill were to be con-
si1ered to the end Of the session II
would not be perfected to suit every
/ body. The amendments desired to be
! offered could be brought to the atten-
J ton cf the senate. The motion was
Overwhelmingly lost and the roll call
on final passage ordered
THE BILL PASSED
by the following vote:
| Ayes-Beard. Bolitho, Bernhisel, Con
don, Curtis, Cushing, Cazier, Clark
! Egan, Ferguson of Salt Lake, Fergu-
son Of Carbon. Gibbs. Heiner, Howard
Lewis, Larsen, Lowrey, Lennon MOT
rison. Morrill,. Maughn, Mansfield, Neb-
eker of Rich. Nebeker of Salt Lake,
Nye, Raddatz, Robinson, Stevens, Sned-
aker. Shafer. Sevy. Sorensen. Taylor.
Thompson of Sanpete, Thompson OF
Willard Wilson, Mr.. Speaker-total 81.
Nays-Andrus, Gibson, Harris, Muir
dock-total 4, absent 4.
THE LIVE STOCK BILL.
H. B. No AZ, the live stock bill, came
up as a special order, the consideration
continuing till the noon hour, when 1t
was recommitted, going to the judiciary
for an opinion as to the constitution
ality of a proposed amendment and to
have the bill perfected.
When the bill came up Mr.. Clark
moved to amend that section which re
lates to the time after which estray an
imals may be taken up and sold. by
changing the eighteen months provls-
ion to two years. After some discus
sion the amendment was adopted.
Mr.. Wilson offered a substitute for
section 10. which reads:
Sec. 10. In case the owner of any ami
NAL trespassing as set out in section
shall not be known, and cannot
after reasonable search, be found, the
constable shall forthwith advertise for
sale by posting up notices in three con-
spicuous places within his precinct and
by advertising twice in some neWSpa-
per having general circulation in the
county. Said notices shall give a de-
scription of the animals, including all
marks and brands, and shall state the
time and place of sale, and that if not
claimed and taken away within ten
days from the date thereof, he will sell
the same to the highest cash bidder.
tion to adopt the amendment, but pro-
ceeded to argue at length on the bill
in general, when Mr. Nebeker of Rich
raised the point of order that he was
not speaking to the question, which
point was sustained by the chair
Mr. Harris thereUpon moved to re-
commit to the judiciary committee.
Mr.. Critchlow objected. The judi
ciary committee had all it could attend
to. The committee would consider the
bill, but as chairman he would not un-
dertake to promise to get to it in the
near future. He moved to amend by
referring the section-No. 10-together
with Mr. Wilson's proffered substitute,
TO the attorney general for an opinion
the constitutionality of the substi-
tute having been questioned by Mr..
Andrus.
/ Without putting the pending motion,
| the speaker. ordered the bill recommit-
ted to the judiciary.
The house then took a. recess till 1870
AFTERNOON SESSION.
When the house convened in the af-
ternoon Mr.. CritchloW at once called
I'D his bill amending the law in rela-
ton to justifabIe homicide, which was
down as a special order. In the in
term since the bill was last up, Mr..
Critchlow had inserted an amendment
to the section involved extending the
number of instances when homicide is
iustifable to include (when committed
to prevent an attempt to commit rape
upon the wife, mother, daughter, sister
or other female relative), COR dependents
being later added, or an attempt is
made to defile such person., the amend
ment being intended to compensate in
some measure for the portion of the
section to be repealed.
DR.. Condor inquired as to what diff
ference the bill as thus amended made
in the present law.
Mr.. Critchlow explained that if the
bill passed, the law would stand as
now. except that the justification in the
heat of passion and in cases when the
offense had been committed were re-
moved.
Mr.. Stevens spoke against the bill.
He thought there was not enough diff
ference to warrant taking up the time
of the house in passing the bill.
Mr. Smoot spoke very earnestly and
at considerable length in opposition to
the measure. He thought the chief OBJ
lection to the bill now was that killing
was not justifiable after the offense had
been committed. This, however, was
sufficient reason why it should not pass.
He took exception to the statement
made by Mr. Critchlow when he first
spoke in favor of the bill, that there
was not a respectable minority of the
practicing attorneys of the state who
would say the bill was anything but
barbarous in it's tendencies. He had
taken occasion to investigate the mat
ter. and could say he had found some
Of the ablest lawyers in the city who
favored the present law remaining. He
held that q man should be by the law
justified in taking the law into his own
hands and acting as judge, jury and ex-
ecutioner when his home had been in
vaded and any member of his family
def1led
Mr.. Nebeker of Salt Lake thought the
bill as amended was infinitely better
than before. but while all members of
a, family We're protected, a hired girl or
servant was not There were many re-
spectacle girls who went out to SER
vice, to whom the jurisdiction of the
law should extend. To satisfy the gem
tleman, Mr.. Critchlow consented to in
sert the provision relating to depend
ents"
DR. Condor moved the previous ques-
ton on the final passage of the bill.
but gave way to allow Mr.. Murdoch to
speak.
Mr.. Murdoch considered the bill as it
now stood a highly proper one The
old law was enacted many years ago,
and had doubtless served its purpose
well, but we had now reached a time
when it could be improved and should
be. He considered it eminently proper
that the justification when the offense
had been committed should be remov-
ed. 1t was bad thing to let q man