The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-09
Three Bills Passed and TIVE Meas
ureS Killed.
The U. c. RIGHT-OF-WAY
BILL TO FoRECLoSE DEEDS OF
TRUST LIKE MORTGAGES.
A General Law Proposed, Uniform
With Other States, Relating to
Negotiable InstruInents-Resolu-
tion to Amend the Constitution
On Court Appeals.


The house made determined effort
yesterday afternoon to accomplish
something tangible in the way of clear
ing up the accumulation of matters
awaiting consideration. The effort was
in a measure successful. Three bills
We're passed, two of them relating to
the code Of civil procedure, and the
other to the granting of a right of way
to the Utah Central Railroad across
the state prison grounds, and, besides,
two bills and joint resolution pfopoS-
ing a constitutional amendment were
recommended for passage. One bill was
killed and also a resolution proposing
a constitutional amendment on the
same subject to which the favorably
reported resolution pertained. To Off
set the volume OF business cleared up
in whole or in part, seven new bills
and q resolution for an amendment to
the constitution were introduced and
referred to the proper committees. Dur
ing the consideration of the bills that
came up for passage, Representative
Mansfield occupied the speakers chair |
and discharged the duties like vet
eran.
The first bill passed was house bill |
No. 20, by Shepard. 1t prescribes the |
manner in which void judgments may |
be attacked and provides that a party |
against whom judgment has been rem |
dered, without service of summons |
other than by publication in a news |
paper, may, at any time within a year |
after date Of judgment, have the same |
reopened, provided that the applicant /
give notice of intention to the adverse |
party, pay all costs file an answer and |
an affidavit setting up that he had had /
no actual notice of the action during |
tendency in time to make d defense. |
However, the title to any property that |
has passed by reason of the rendition |
Of the judgment shall not be affected |
by the subsequent proceedings. Coun- !
ter affidavits may be filed. Any person, /
it is further provided in the bill, who |
has not been served with summons in
the manner prescribed by law, may
have the judgment against him voided |
and nullified in any court where the
same is sought to be enforced, and the
enforcement of any such void judg-
ment may be perpetUally enjoined in
any court Of equity.
The vote on the passage of the bill !
was almost unanimous.
House bill No. q, by Shepard, was
taken up and passed by a vote of "a
ayes, IL representatives being absent
and not voting. By the provisions of
the bill the deposition of a witness re-
siding in another state may be taken
down in narrative form instead of by
interrogatorieS and answers before the
person or officer stipulated or named
in the depositionary commission.
GRANTING A RIGHT OF WAY.
House bill No. &C. by Hansen, to grant
a right of way across the state prison
grounds TO the Utah Central railroad,
was debated at considerable length
Originally II was intended to cede a
four-rod strip, but the committee on
/
of the right of way be limited to fifty
feet. A motion by Representative n. J.
Harris TO make the ceded strip forty
feet wide, was lost.
The author Of the bill explained that
the railroad had occupied the right of
way since about 1885 and application
had been made to the secretary of the
interior for a formal grant. The appIi-
cation was approved, but through some
neglect the necessary authority was
not granted. More recently, with the
comforting Of statehood upon Utah, the
prison grounds were ceded to the state
by the government. By reason of the
railroad company'S long, adverse pos
session of the strip, ii had obtained an
equity that could not now be denied, /
and it was desired to have the state
formally grant the right of way.
Representative Smith believed the
railroad company should pay for the
right Of way, and moved to strike out
the enacting clause, but the motion re-
ceived little support.
An amendment was proposed by Rep
resentatiYe Cummings requiring the
Utah Central Railroad company to
erect within ninety days and maintain
thereafter a suitable fence to enclose
the right of way, cattle guards and
crossings, such as the warden of the
state prison may direct.
Representative Sorenson took the
H. l.
of special legislation, TO enact which
would be in violation Of the constitu- I
ton. .
Representative McQuarrie was of the
opinion that SorensOn's objections were {
not we'll taken. :
Mr.. Bywater pleaded that the fenc-
ing Of the tract was not more neces- !
sary than other lands along the rail !
road and adjacent to the prison 7
grounds.
It was explained by Mr.. Hansen that {
the railroad company is willing to erect {
the fence and cattle guards. and main s
tain them.
Cummings amendment was lost by a
vote OF 10 ayes. to 10 noes. -,
Then Representative Shepard offer :
ed the defeated. amendment with the
proviso that failure to erect and main =
tain the fence, cattle guards and cross :
lngS shall not affect the company's :
title TO the right Of way, but it was :
lost, IS ayes to II noes.
The bill then passed by a vote of IS
ayes 20 . noes, and u absent and not
voting. The negative votes were an
by Cummings, y. ]. Harris, :
johnson, Law and Smith. Those not
answering TO the rollcall were Bennion.
Bramwell, Christensen, Clyde, Green
wood, Jackson, Larsen, Lloyd, Murdoch 0
O'Neil, Stewart and Taylor
After the passage Of the bill was an =
bounced Representative Shepard gave
notice that he would move for a recon-
'ideration this afternoon.
BILLS INTRODUCED.
House bill No. rs, by Mrs. Horne. by
request, for an act providing for the
-eaching in the public schools of the
effects of alcoholic drinks and other
narcotics on the human system. Re
ierred 10 the committee on public
health.
House bill No. 70, by Ivers. by re-
quest, to amend section 2050 of the re-
lised statutes so as to increase the sal
Try Of the state coal mine inspector
rom $1,000 to $1,000 per year Commit
zee on fees and salaries.
House bill No. so, by Christianson. to
equire the maintenance of a pole or
board along the top of bare wire fences.