The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-12

The annual meeting of the State Bal
association opened last evening in the
civil court room in the city and coun-
ty building. The attendance was quite
large and the proceedings very inter
esting. President Borcman presided
and Secretary C. S. Kinney recorded
the proceedings.
President Boreman read his vale
dictory address, in which he referred
brought in-new laws. new theories,
brought in new laws, new theories,
new principles and new procedures
heretofore inapplicable to us in our
territorial condition. In launching
forth as an Independent state we have
adopted a constitution fully abreast
with the times 1t no doubt has de-
fects and possibly crudities yet in
some respects it takes a very advanced
position. The most important of these
latter is the provisions regarding the
jury system ordaining that d grand
jury shall consist of seven members,
only five cf whom must concur to find
an '".'> ms III. = ~ -Srsit juries
10 eight members, except in ---.ital
cases; and that in civil cases jury 4
waived unless demanded.
The success of these changes can he
determined only with certainty by eX-
perience and after a reasonable trial
The constitution is progressive in
that il provides that no religious est
shall be required as d qualification for
any office of public trust or for any
vote a any election, and that there
shall be no union of church and state
nor shall any church dominate the
state or interfere with its functions.
\ In consideration IF the conditions
Heretofore existing In Utah, the adOp
ton Of these provisions was manly.
heroic and thoroughly patriotic and
placed Utah at one bound in the very
front ranks of the best civilizations of
the world.
The provision prohibiting imprison-
ment for debt meets the progressive
ideas of the day. The one exception
made-as to absconding debtors
might, the speaker thought, have been
omitted and the prohibition made Uni
versal. 1t is no uncommon thing for
men to be found who cannot succeed
in one locality, but by removal to an
other may do so and their debts may
follow them. Judge Foreman thought
il was unfortunate that the cOnstitu-
ton was not more explicit as to ap-
peals to the supreme court. It's pro-
vision that appeal from final judgment
of the district courts has been inter-
preted by the supreme court to mean
that appeals from interlocltory orders
do not lie. which many members Of the
bar think is unfortunate.
The provision requiring or authoriz- |
ing the legislature to require a prop
erty qualification to enable person 20 |
vote in elections leVying special tax |
or creating Indebtedness, the speaker /
thought a backward step.
AS a whole, however. the constitution /
vas good and lawyers and other peo-
pie. too. must adapt their conduct and |
actions according to it.
Judge Soreman thought it was very
necessary that some steps he taken to |
H.
cation so that the poor and the weak
will b. on an equal footing with the
rich when they come into courts of
justice. A revision of the present code
of civil procedure was urged, not a
radical change but corrections and
amendments
Judge Boreman concluded his ad-
dress by thanking the association for
the kindness he had experienced al the
hands of the members during his year
of office and as a last word referred to
Judge Sutherland. who was for long
time president of the association and
took just pride ard pleasure in it.
and no doubt. although suffering from
sickness, his thoughts were of this
meeting. We cannot and would not
forget him. and we earnestly hope and
pray that he may speedily be restored
TO health and viCor.
VARIAN ON THE ELECTION De
ClSlONS.
Hon. c. S. Varian then read an ex-
-reedingly interesting paper on the de
clsions OF the supreme court in the
election case. which is As follows:
The opinions Of the supreme court in /
the election case furnish US another
and apt illustra ton of the aphorism, !
Law is not an exact science"
It is not the purpose. in this paper, to
criticize the judgment OF the court in {
r,f- h. c-1.,t;
consideration. With the result reached
through the concurring, albeit diverg-
ing, views Of the judges, the writer Is
in accord 1t is with the apparent in G
congruities and non seQUitdrS of each |
opinion we are to deal. The netitiope1
an appointee of the governor to fill 4
vacancy n the Office Of district Judge. a
asked for writ Of prohibition prevent o
ing the canVaSSing of the returns of n
the election of his successor at the I
general election in November. 1896. o
The two acts Of the legislature 1ela- p
tive TO elections mentioned in the 8
opinions. were claimed to be in viola s
lion of the constitution for several rea- L
sons. y
First. it was commended that neither c
act was passed in accordance with the C
of the constitution and il
in support thereof petitioner offered W
TO prove the fact by the journals of the t;
respective houses.
Second, it was claimed that one of S
the acts was in direct conflict with t.
the express requirements OF the con- Il
stitution that all elections shall he by C
secret ballot" and therefore, with the IL
election held under it were void. ST
Third; that the other alleged law did p
lot conform TO the constitution be- lie
sause the subject was not clearly ex-
pressed in the title and more than one
subject was embraced in the body of
he act ia
Fourth: that the act of March %. pl
which provides the general scheme of W
elections, operated unequ1lly and I'M Ia
uniformly on the voters by not pro- I'll
'iding equal facilities to all. vi
The third contention of the petitioner. C
lbove stated, if sound affected only le
lis particular term of office The dl
'thers involved the validity Of the gen til
raj election throughout the state. The sc
opinion of the chief justice was evil st
ently intended when prepared to be at
he Judgment of the court, but the cor tn
urring opinion of the associate jus to
ices repudiates both reasoning and W
esult of the first opinion upon the two co
propositions first stated and coHse- by
uently as to them stands as the de- ar
ision of the court, while as to the last 20
wo questions made, the concurrence lo
the associate justices with the views re
I the chief justice make his opinion as al
0 them the decision of the court sc
'berefore both opinions must be read ce