The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-16
Penalty for Damage.


The greatest amount of oratcrv during
ne afternoon session was expended over
the next measure offered fog discuss ioa.
pfeVldlrS penalty fo- the destruction o.
INJURY to state or county roads by means
OF water from irrigation. The present
law makes such destruction or injury d
iniSdemeanor with q small fine as pun
ishment upon conviction. Mr.. Roberts
proposed measure made the offe1se a
mlsdemeanor with the punishment mot
less than 5000 or Il jail sentence not
exceeding one year, or both fine and inn
prisonment And. in addition. the neg
lect OF officials to report cases OF such
damages OF TO prosecute the miscreaut in
any case constituted a felony.
Mr.. Jensen of Sanpete coIfnty opened
the discussion by vigorously Directing to
making the destruction of roads a felony
and three or four others in rapid success
sion denounced the proposed bill in strong
terms. Then Mr.. Roberts was given an
opportunity TO correct the wrong impress
sion they had that the destruction of
property was a felony according to the
proposed measure. The officers who neg
lected to prosecute were listed as felons.
me man who destroyed OF injured the
property was guilty only of a misde-
meanor, as under the old law, but the
punishment on conviction was made
stronger That pacified some of them.
but they again got busy with objections
when some one proposed that the word
"Wilfuf' should be inserted. They claimed
sometimes g0phers bored holes that let
should not be punished for flooding high
ways when the irrigation water got away
from him through no fault OF his own.
There were many supporters of that opin-
ion. Under the provisions OF the pro-
posed statute an irrigator was to be held
responsible for damages to the road incl
dent to seepage also
Bill Is EmascuIated.
Delegate Smoot of Provo declared that
the highways are no more sacred than
the rights of citizens" and very sarcas-
tcaiiy condemned measure that might
make farmers Responsible for injuries
that they could not possibly help" lie
was i'll sympathy with giving officials
who failed in their duties. any kind of
punishment that could be lawfully in
flicted. An amendment was offered by
Mr.. Jensen inserting the word "wiiful''
before the word destruction. and sub
shutting mlsCemeanOr for felony.
Another amendment was offered to omit
the word "wiifUl," but this was with
drawn. Jensen's amendment was voted
upon and Was carried Mr.. Roberts an
The carrying of your amendment gen.
tlemen. virtually kills this measure. for
it makes the bill practically the same as
the law you now have. There is no fur
Their use for this bill, and it might as
well be burned. The eighth measure pro
posed by me is now inst the same as
killed. There Is no use asking the legis-
latuTc To make law that IS already on
the statute books. The only other meas
ure is the memorial which it is proposed |
the present legislature forward to con
gress- 1t merely asks congress to donate
10 Utah 100000 acres of the 210c0. 0OQ
acres allotted in the state to go equally
for the construction Of good roads and for
the state capitol building. The memorial
was approved with no opposition. Mr..
Hewlett moved for a reconsideration os
the bill which was disspproved. He said
he did not believe the convention had
fully understood what IT was doing in re-
jecting the bill. This moved MIR. Jensen
to remark.
Lot of Amsteurish Talk.