The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-04

not require the space in a newspaper
that Tuesdays transactions did, the
record compiled by the clerk who edits
the journal viii be equally as extensive
as that of yesterday morning.
CONSTITUTIONAL AMENDMENTS.
The upper house decided, among
other things. that the constitution of
this state needs fixing, and as it can
not make changes without the sane
ton of the people. it did the best it
could by passing three joint reSolu-
tons providing for submission.
The first resolution proposed relates
10 judicial matters and is TO amend
section 8, article s 50 that it shall read
as follows:
Sec. 3. From all final judgments of
the district courts, and from such or
derS and inteTlOcutoTy DEGREES OF said
courts as may be provided by law,
there shall be right of appeal to the
supreme court. The appeal shall be
upon the record made in the court be-
low, and under such regulations as
may be provided by law. In equity
cases the appeal may be on questions
of both law and fact; in cases at law
the appeal shall be on questions OF law
alone. Appeals shall also lie from the
orders and DEGREES of the court in the
administration of decedent estates, and
in cases of guardianship, as shall be
provided by law. Appeals shall also lie
from the final judgment of justices of
the peace in civil and criminal cases
to the district courts on both questions
of law and fact, with such limitations
and restrictions as shall be provided by
law; and the decision of the district
courts on such appeals shall be final,
except in cases involving the validity
or cOnStitutionality of a statute"
ba 70 hot
of the dissenting justices of the su-
preme court, that in cases involving
the validity of any law the courts have
the right to go TO the record, is not q
good thing. This wasn't expressed in
so many words, as the saying goes.
but the passage of the following, in
the shape of a proposed amendment TO
the constitution, would indicate it. 1t
is proposed to add an amendment to
the constitution which shall read:
Sec. So Every bill and joint reso-
luton signed by the presiding officer
0 feach house of the Legislature, as
provided in section "a of this article.
and signed by the governor or passed
by both houses over his objections, as
provided in section S, article Z of this
constitution, and deposited in the Of
flee of the secretary OF state shall, in
all courts, be taken and treated as
conclusive evidence of its due enact
In the same article, a few sections
back, another amendment is proposed.
It. too, relates to manner of legis-
latiVe proceedings.
1t is proposed to change. or amend !
section p of article 6, =, that it shall
read:
Section % The enacting clause of
every law shall be: Be it enacted by |
the legislature of the state of Utah
ard no bill or joint resolution shall be
passed except with the assent of q
majority of all the members elected to
each house of the legislature, and after
it has been read three times, unless in /
case of emergency. two-thirds of the
house where such bill may be pending
shall deem ii expedient to dispense /
with some of such readings. but the /
reading of a bill by sections, on its
final passage, shall in no case be dis /
penSed with. The vote upon the final /
passage of all bills shall be by yeas
and NAYS; and no law shall be revised I
or amended by reference to its title |
only; but the act as revised, or section |
a amended, shall be re-enacted and /
published at length"
The vote upon all these propositions /
was unanimous.
MUST BRAND THE GOODS.
When the bill providing for the
branding of all convict made goods in !
the state Was pdSSeu OF 1uSSQdy, SeH-
ator MOnSOn gave notice that he would /
move a reconsideration yesterday. He !
was as good as his word too. although |
on the final passage of the measure he
met a Waterloo. Smoot and Game !
joined hands with Monson and for
time Harbour and Whitaker. the cham
pions of the measure, had their hands /
full, but just as the fight was at its
hottest pitch. Evans buckled on his
almor and made one of his most earn
est efforts and no doubt saved the day.
Mr.. MonsOn, in moving to reconsider,
said he did so for the purpose of kill
ing the BILL because he did not think
it was right. Joe created a laugh by
saying. If he bought a white shirt |
made in the penitentiary, he did not
want convict made stamped in black
letters across the BOSOM" He argued
that the bill was an unjust, unfair
and unnecessary measure.
Mr. Caine, who voted for the bill, said
he had been misinformed as to its eff
fects or had misunderstood the infor-
nation. He believed convicts confined !
by the state at the expense of the pub
lie should be made self-supporting, in
so FAR as i was possible. and to be
self-supporting they must work. The
product of their labor must be sold and
this bill would discriminate against
this product. He had been informed
that the measure did not discriminate
against the Utah state prison. but now
he had discovered differently he was
opposed TO the measure.
Mr. Snioot. who also voted for the
measure. made an earnest talk in favor
of reconsidering. He declared that the
interests and welfare of the taxpayers
demanded that the convIcts work and
earn their living.
Mr. Whitaker-Would you put the
product of the convict on the market
in competition with the product of
honest labor?
Mr.. Smoot-The labor ordered by the
state to be performed by convicts is
honest labor, for it is performed in
obedience TO law.
Mr.. Whitaker-Aye, but every man
of them tolls at his work bench with
the badge Of dishonesty upon his back.
Continuing, Mr.. Smoot said the pris-
oners were capable of turning out good
work The committee had inspected it
and found it good. The sale of this
product or the proceeds of such sale,
would reduce the expenses of the state
very much. but this bill, if it becomes
a law. will create discrimination
against the product. It is proposed to
employ the convictS in making the
clothing and shoes for the inmates of
all public institutions, thereby saving
the state money and at the same time,
by buying the raw material in Utah. |
create what work is possible for worthy
and now it is proposed by this
bill to abolish all chance for good.
Mr.. Harbour said the bill merely
protected the product of free labor from