The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-15

and in determining the choice of the
members of the legislature.
Be it resolved, That at the day and
hour specified in the act of congress,
the second Tuesday after the organiza-
ton of the legislature, January 81.
1895, the secretary of each house shall
cali the roll, and each member shall.
by viva yoce vote, name two persons
for senators in congress for the state
Of Utah. And in case no person re-
! ceives a majority of all the votes of
each house on the first day, then when
both houses meet in joint assembly, the
vote shall be taken in like manner,
each member naming two persons for
senator until one or both shall he cleo
ted as provided by act of congress
Mr. Sutherland moved ref
! erence of this resolution to a select
committee of three which shall act
with like committee from the house,
which was agreed to. Sutherland, Snow
and Booth were appointed.
GREAT SEAL.
A communication was read from the
house notifying the senate that Rep
resentatiVes Beard, Nebeker and Rich
had been appointed a committee on
adopting great seal.
The house notified the senate that
house concurrent resolution No. ., pro-
viding for the appointment of COM
nittee to select offices for state officers,
had passed.
HOUSE BILL NO. 3.
House bill No 5, for an act providing
for the turning over all fees collected,
was called up and read a third time.
Senator Allison argued that his con-
dc tod 10 10 Il o,4I an,
the matter 1t would be an injustice
to pass the measure at this time I'M
less some salary provision was incor-
pOrated. While in sympathy with the
proposition, he thought the proposed
action hasty.
Replying to a question by Glen Mil
Ter, Allison said he was in favor of al
loving all officers to collect fees and
use them until such time as a salary
bill was adjusted.
Senator Sutherland argued that the
bill should pass because a continuation
of the fee system was in violation of
the constitution. This bill merely car
ried out the provisions of the constitu-
ton and works no hardship whatever.
1t is important the bill should pass
and that Immediately.
Senator Booth maintained that under
the constitution the officers have no
They have no more right to collect fees
than a district judge has to charge for
hearing a case. He believed these Off
GERS had a right to use enough to pay
expenses, as there is no penalty, but
as they are liable on their bonds can
be compelled to make an accounting.
The salary law will be made retroac-
tive, and these officers will lose moth
ing.
49,. T., II L.
ing a law which would involve a
constitutional construction, and thus
establish a precedent The argument
of Mr.. Booth that after the bill is pass
ed the officer could use enough for eX-
penses. is puerile as none Of them could
use penny without becoming GRIM
inally liable. While favorable to the
abolition of the fee system, he did not
believe in working a hardship on the
various officers by the passage of
summary measure, like this one. 1t is
a question as to whether there is not a
cantroct between the county and its
officers that the latter shall receive
these fees as compensation. While not
maintaining this condition was abso-
lutte a similar construction might be
placed thereon.
Senator Candland moved to commit
the bill to the committee on judiciary,
mer arguments.
Senator Sutherland closed the debate
in favor of the BILL arguing that it
was mandatory that the measure
should be adopted.
The motion to commit was lost. ayes
T. nays 9.
Allison offered an amendment per-
hitting the officers to retain so per
cent of the fees collected until such
time as the salary bill is passed.
Sutherland made a point that the
roll had been ordered called, and was
sat upon by the chair, who held that
Allison was in order. The amendment
died a bornin, receiving no second.
Candland offered an amendment that
all fees should be held as part of their
salaries by the various officers until
legislative action is taken.
Candland's amendment was voted
down.
The vote on Allison's amendment was
ayes l, nays 16.
Jones amended by striking out all
that portion of the bill after a pro-
vision therein contained providing for
the payment of the fees into the treas
ury, thus leaving the cash in the hands
of the various officers until salaries are
fixed. Jones held that these officers
were under heavy bonds and the state
protected.
Jones amendment was lost-ayes, 2;
noes. 16.
Senator Warner moved an amend
ment. that upon the deposit of the
fees. the treasurer should return SO
per cent to the officer making the de-
post to be held by him for expenses
until the salary is fixed by law. This
was also lost
On the final passage of the bill the
vote was:
Ayes-Booth. Cannon. Chambers.
DriscoIl. Evans, Miller (Glen), Miller
Or. CD, Snow, Sutherland, Zundel-10
Noes-Allison. Candland. Chideseer,
Jones. Mckay, Warrum, Warner.
While this passed the bill lacked
the majority to make it effective at
once. and under the rules Booth moved
to reconsider the vote by which it was
passed.
The motion was agreed to and the
measure referred to the committee on
judiciary
An invitation to attend session of
the Utah School for the Deaf by
Superintendent Frank W Metcalf was
read and on motion of Senator Chides-
ter accepted.
The senate then adjourned
THE HOUSE.
When the house convened and the
preliminaries of opening had been dis