The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-06


future no new bills be permitted TO be in
troduced except by unanimous consent
being withdrawn after some desultory
conversation upon the subject. The reso-
luton introduced by the senator from
Washington was the usual one and no
doubt would have prevailed, save for
statement made by Mr.. Smoot who said
that he did not deem its passage wise at
this time. There will be, he said, some
bills necessitated by changes which the
house will make in the code. else some
laws will be abrogated. 1t would be sui
cidal to pass this resolution Eetl 1t is de-
termined whether or not there Will be
need of any bills Besides, he knew of
two which were coming up in the near
future-perhaps today and did not want
them debarred. The resolution, as stated,
was withdrawn
RAILROAD BILL KILLED.
Hamer moved to take from the table
the motion to reconsider the vote by
which the measure providing for the La
bility of railroad corporations, defining
who are fellow servants, etc, was re-
jected. In SUPPORT of his measure, ne
said the bill was a good one and ought
in the interests of humanity, TO pass. 1t
was time the senators arose TO the
emergencies which confronted them ana
enacted some laws which Will not give
the railroads all the best or II. and the
fact that a man carries an annuaI pass
in his pocket should not be allowed to
stab at someone was not taken up or
challenged, and Mr.. Game proceeded TO
argue in favor of the bill as the same was
amended Thursday. He said II would De
unfair TO allow laws 10 be passed which
affected railroads alone but thar the pro-
visions of the bill should be made general
Mr. Game declared he did not want to
fight railroads. but wished them treated
as fairly as other corporations are treat
ed. He did not offer the amendments on
the previous day with view to killing
h. rha frars R11f no
not believe in ''preying" on railroads
Are you willing to pray for the Ia
borinG men," asked Hamer.
Il am was the response.
''Then let your prayers and your actions
be combined" was the retort.
The motion to reconsider the bill pre-
vailed and then Mr; Rideout moved mo eopd 10
reconsider the amendments, which failed
by tie vote. The bill was then rejected
and thus finally disposed of.
NO STATISTICS.
Mr.. Whitaker called up for reconsider
alton the act creating state bureau or
labor and agricultural statistics, and the
same was defeated and finally killed, so
there is one matter which will not bother
anyone any more during this session. 1t
was the intention of Snoot to have called
UP the act providing for the election OF
certain city officers, which would have
provided for the election of city attor-
ney and a city auditor, instead OF having
them apDointed by the mayor, as is now
the case, but the member forgot it and
SO lost his right so TO do unless the SEN
ate gives him the right To-Day by unan-
ir.ouS consent.
INTRODUCTION OF BILLS.
Under the head of Introduction of bills.
Senator Nebeker introduced measure
providing for an appropriation of $500 for
the purpose of stocking the waters OF
Bear river, Bear lake ana Sewer river
with black bass from Utah lake ana pro- |
viding for the prevention of fishing for
a given time in ORDER protect the fSn
so planted, which was referred to the
committee on fish and game.
Evans introduced a new bill for the APP |
potntment and government of boards of |
fire and police commissioners in cities or |
the first class. the measure providing Tor !
the appointment of the same by the city |
council instead of by the mayor ana coun- !
Gil. as at present.
This bill is the outcome OF agitation on |
the part OF some eX-oficiaIs VINO nave |
labored with the legislators for this :
change and that change in the govern |
ment of the police department of this /
city The matter has finally reached d 4
stage where this city IS the only one |
sought TO be affected.
Mr. Evans introduced a Dill providing !
for the revivor OF actions and Judgments |
which was passed and sent to the house. (
As the measure is an important one TO /
attorneys. the text of the same IS here |
with given.
An act relating to the revivor of |
Where there are several plaintiffs or
defendants in an action, and one or them /
dies, or his powers as personal repre-
survives to or against the remaining
parties, the action may proceed, the death
of the party or the cessation Oh MS
powers being stated on the record
Where one OF several plaintiffs or de-
PENDANTS dies. or his powers as a oe--
sonal representative cease. If the cause
of action do not admit of surV1VorshlD,
and the court IS OF the opinion that TIE
merits of the controversy can be properly
determined and the principles applicable
to the case fully settled II lnaN -" "a
to try the same as between the remain
ing parties. but the judgment shall not
prejudice any who were not parties at the
time of trial
When ore of the parties to an acton
dies or his powers as a personal repre-
sentative cease before the judgment, if
the right Of action sur I'VE IN favor OF
or against his representatives or sue
cessors the action may be revived and
proceed in their names.
The revivor shall be by an order of the
court II made in term. or by a judge
thereof If the vacation, that the action
be revived in the names OF the represent
tatives or successor of the party who
died. or whose powers ceased. and pro-
coed in favor of or against them
The order may be made on the motion
o. the adverse party or Of the reDrese--
tative or successor of the party who
ing his death or the cessation o. his
powers which. with the names and
capacities of his representatives or sue
cessors. shall be stated in the order
If the order is made by consent of the
parties the action shall forwith stand
revived and if not made by consent,
notice of the application for such order
shau De served In the same manner and
returned within the same time as sum-
mons. upon the party adverse TO the one
making the motion: and II sufficient cause
be not shown against the revivor the
order shall be mace.
When the plaintin makes an affidavit
that the representatives of the defendant
IS q nonresident OF the state, or mas
eft the same to avoid the service Of the
notice. or that the notice cannot be
served, or that the names and residence
Of the heirs or deViSeeS are unknown 10
re affiant. notice max be published
-Or three consecutive weeks. notifying
,fter The publication * complete. aud
;how cause why the action should not
II. revived against them. and. II sufficient
.ause be not shown 10 the contrary, the
,rder shall he made.
Upon the death al the plaintiff it may
,e revived in tie names Of his repre-
entatives. to whom his right has passed
Where his right has passed 20 his per-
onal representatives. the reVivOr shall
,e in their names; where Ii has passed
O his heirs or devisees. who could SUI
,ort the action If brought anew. the re-
'i.or may be in their names.
Upon the death of a defendant wherein
he right or any part survives the re-
'ivor shall be against his personal repre-
entatives and II may. also be against
he heirs and devisees, or BOTH
JJpon the death of a defendant in an
ction for the recovery of real property
My. or which concerns only his rights or
laims TO such property, the action may
le revived against his heirs or devisees-
An order to revive an action against