The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-26

governor, which was, however deferred
until Saturday. 1t will be remembered
that a few days ago the executive re-
ing for stenogra piers for the district
courts, because they were not made
state officers, and were mere employees
under contract. The veto was referred
to the Judiciary committee, which has
wrestled with it since that time; max
ing a report yesterday in favor of
passing it, the objection to the con-
trary Notwithstanding. There was a
bare quorum present yesterday, at
times, and the matter was deferred I'M
til more of the senators can be pres
ent
Governor Wells returned the Austria
liam ballot law yesterday for correc-
lions. There was slight imperfec-
ton in the measure which he discover
ed in time to have the same amended
and repaired.
The registration bill came UP yester-
day and was passed to second reading.
1t was amended so that instead of the
governor appointing the registrars, the
board of county commissioners have
that duty to perform. The party in
power in each precinct in the county
selects the names of eligible persons,
not less than three in number. and
submits the same to the board, which
makes a selection. This was deemed
fair by the committee. Chidester had
a minority report, which he withdrew,
not, however, before he had INDUCED
in fling at the senator from Wash
Ciir1cr hi of
abandoning the outside county inter-
est in changing front" This, of
course, will be understood by the peo-
pie from the south, who have every
confidence in the integrity and fealty
of Snow.
Booth of the committee on ways and
means introduced a bill yesterday fix
ing the tax levy for the coming year
at mills on the dollar Candland pre-
sented new stenographer's bill; Dris-
coll introduced an act providing for
the manner of collecting the taxes i'm
cities and towns outside the first and
second class.
AS was foreshadowed the insurance
bill has gone to it's repose. The COM
mfttee reported a substitute yesterday
which will undoubtedly pass, and which
covers all the ground in fewer words.
The governor has approved the bill
creating a state board of labor. The
appointments under the act may be
expected now at any time.
Several other measures were acted
upon yesterday, as will be shown in
the following report:
Prayer was offered by Rev. E. G
Hunt of the Tiff NJ. E. church, and the
senate began the tussle with the gov
ernor over the matter of his veto of
Io etc III
gam by the reading of the report of
the committee on judiciary recommend
ing the bill pass. The report is as fol-
lows:
SUTHERLAND'S REPORT.
Your committee on judiciary, to whom
was referred S. B. No. 81, an act provid-
ing for the employment of stenographers
OF courts, etc. as returned by the gov
ernor without his approval together
with his message accompanying the same
have had the same under consideration
and recommend that it be passed not
withstanding the objection of the gov
ernor. This bill was given very careful
consideration by the judiciary committee
before it was finally reported to the
senate. 1t was a third substitute upon
this subject The judiciary committee
found it practically impossible to provide
a system by which stenographers should
be public officers, because there was alb
solutely no experience from which the
salary and compensation of Stenograph-
ers could be fixed The committee be-
lieved and still believes that to make
court stenographers public officers, and
thereby necessitate the payment of fixed
and definite salaries to them, would be .to
expenditures for which there would
be no return. The best system is
one by which the Office will be made self
supporting, and for which the state will
not be responsible except to the extent
of its own work in criminal cases. This
the bill in question so sought to do. II
is objected by the governor:
First-That the bill violates the spirit
of the constitution in that it does not
make the Stenographer a public officer
Your committee fails to see how this
can be true. The constitution simply pro-
vides that officers shall be paid fixed anc
definite salaries, but this bill make the
stenographer not an officer, but an en-
ployee. His relation is a contract one
and he therefore does not come within
the meaning of the constitution. This pos
ition is fully borne out by the decision
of the supreme court of the United States
in the case of Hall vs. Wisconsin, 10;
U. S. 5. In that case the legislature Of
Wisconsin had passed an act to provide
for certain surveys in the state, to bt
made by commissioners. The act re
quired the governor to make writer
contract with each commissioner, anC
declared that the contract should ex
pressly provide for the compensation o
each commissioner at certain rate pc
annum, to be agreed upon, not exceed
ing the rate of s., 900 per annum. and thal
the contract should contain other condi
tons Subsequently the Legislature re
pealed this act. and the question aros'
as to whether or not the Legislature coul(
in this way put an end to the empioymen
of the commissioners. The supreme cour
of the United States held that the com
missioners under this act were not Off
GERS, but were employees; that their re
lation was a contract one, and there
fore the repeating act OF the legisiatur'
was in conflict with the provisions o
the constitution of the United States
prohibiting any law impairing the obl1ga
! ton of a contract.
Second-That the bill attempts 10 Sc
I'D a status whereby the official steno
! grapher is not public officer. This is ex
/ actiy what the bill does attempt to dc
J and in the judgment of the judiciar.
committee is one of the chief merits 10
! it, for the reasons already stated.
Third-The governor insists that tn
J stenographer ought to be a public office
! under oath to faithfully discharge IN
duties of his Office. This we do not con
! cede. In many states no provision is mao
| for the stenographer at all. The parue
utigant are left to employ stenographe
] in particular cases, as they see mt, an
no hint has ever been made that an
stenographer so employed abused IN
/ trust reposed IN MIN. ne pidi susseslse :
| by the governor that the stenographe
| be paid a fixed sum per hour for tran
/ scribing notes. we think would not be /
harmony with the provisions of the cor
stitution to pay officers fixed and den
mite salary, and in addition to that woul
1 he altogether impracticable. 1t woul
leave it to the stenographer to keep hi
own time, or necessitate the mploymen
| of somebody else on the part of the stat
to watch and keep time for him. 1t Is pei
| footlx anna r3r1t that either ALTERNATIVE
would be wholly impracticable.
GEORGE SUTHERLAND,