Search Results (129)

Virginia Plan [Resolutions] - Seventh Resolution (Executive Branch): Franklin's Proposal on Compensation
Virginia Plan [Resolutions] - Second Resolution: Dickinson's Proposal on Actual Contributions
Also tagged as: Quotas of Contribution
Mr. Hamilton, had been hitherto silent on the business before the Convention, partly from respect to others whose superior abilities age & experience rendered him unwilling to bring forward ideas dissimilar to theirs, and partly from his delicate situation with respect to his own State, to whose sentiments as expressed by his Colleagues, he could by no means accede. The crisis however which now marked our affairs, was too serious to permit any scruples whatever to prevail over the duty imposed o
Also tagged as: Articles of Confederation, Virginia Plan, New Jersey Plan, Democracy, Corruption, Tyranny, National Executive, National Legislature, National Judiciary, Federalism, Monarchy, Term Limits, Negative, Veto, Executive Pardon, Mode of Appointment, Lifetime Appointment, Good Behavior, The States, Tribunal, Lower Courts, Compensation
Mr. Madison. Much stress had been laid by some gentlemen on the want of power in the Convention to propose any other than a federal plan. To what had been answered by others, he would only add, that neither of the characteristics attached to a federal plan would support this objection. One characteristic, was that in a federal Government, the power was exercised not on the people individually; but on the people collectively, on the States. Yet in some instances as in piracies, captures &c. the e
Also tagged as: Federal, New Jersey Plan
Mr. Mason. We must retain this clause, otherwise evasions may be made. The legislature may admit of resignations and thus make members eligible — places may be promised at the close of their duration, and that a dependency may be made. Mr. Gerry. And this actually has been the case in congress — a member resigned to obtain an appointment, and had it failed he would have resumed it. Mr. Hamilton. The clause may be evaded many ways. Offices may be held by proxy — they may be procured by frie
Mr. Madison. In order to judge of the form to be given to this institution, it will be proper to take a view of the ends to be served by it. These were first to protect the people agst. their rulers: secondly to protect the people agst. the transient impressions into which they themselves might be led. A people deliberating in a temperate moment, and with the experience of other nations before them, on the plan of Govt. most likely to secure their happiness, would first be aware, that those char
Also tagged as: Aristocracy, Bicameral Legislature, Checks on Power, Class, Consolidated government, Divided sovereignty, Eligibility for Office, Equal Representation, Excess of Democracy, Federal, House of Representatives, Interests, Length of Term, Multiple Terms, National Legislature, Representatives, Stability, Term Limits, Term of Office, Small State, Taxation
The Virginia Plan as amended in Committee [Resolutions] - Fourth Resolution: Fourth Clause (Compensation) - Pinckney/Madison to Strike Out Compensation Clause
Also tagged as: Aristocracy, Compensation
Mr. Madison, considered this a departure from a fundamental principle, and subverting the end intended by allowing the Senate a duration of 6 years. They would if this motion should be agreed to, hold their places during pleasure; during the pleasure of the State Legislatures. One great end of the institution was, that being a firm, wise and impartial body, it might not only give stability to the Genl. Govt. in its operations on individuals, but hold an even balance among different States. The m
Also tagged as: Compensation, Congress, Divided sovereignty, Equal Representation, Length of Term, National Treasury, State Treasury
At this period Messrs. Yates and Lansing left the convention. Editors' note: Yates places his departure after Madison's speech in the debate immediately preceding this event.
Mr. Sherman thought the number of people alone the best rule for measuring wealth as well as representation; and that if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. He was at first for leaving the matter wholly to the discretion of the Legislature; but he had been convinced by the observations of (Mr. Randolph & Mr. Mason) that the periods & the rule of revising the Representation ought to be fixt by the Constitution. Mr. Reid thought the Le
Also tagged as: Amendment, Census, Interests, Mode of Representation, National Legislature, National Treasury, New States, Northern States, Property, Proportional Representation, Quotas of Contribution, Representatives, Southern States, Taxation, Union
Docr. McClurg moved to strike out 7 years, and insert “during good behavior”. By striking out the words declaring him not re-eligible, he was put into a situation that would keep him dependent for ever on the Legislature; and he conceived the independence of the Executive to be equally essential with that of the Judiciary department. Mr. Govr. Morris 2ded. the motion. He expressed great pleasure in hearing it. This was the way to get a good Government. His fear that so valuable an ingredient
Mr. Pinkney & Mr Govr. Morris moved to strike out this part of the Resolution. Mr P. observd. he ought not to be impeachable whilst in office Mr. Davie. If he be not impeachable whilst in office, he will spare no efforts or means whatever to get himself re-elected. He considered this as an essential security for the good behaviour of the Executive. Mr Wilson concurred in the necessity of making the Executive impeachable whilst in office. Mr. Govr. Morris. He can do no criminal act witho
Also tagged as: Check on Power, Checks on Power, Corruption, Crime, Electors, Good Behavior, Impeachment, Judicial Branch, Length of Term, Lifetime Appointment, Magistracy, Military, National Executive, National Judiciary, National Legislature, National Treasury, Parties, President, Second Branch of National Legislature, Second Term, Senate, Separation of Powers, Term Limits, Tyranny, Treason, War, War Powers
Report of the Committee of Detail [Resolutions] - Article IV: Section 4 - Dickinson for At Least One Representative Per State
Also tagged as: Equal Representation, Mode of Representation, The States
Report of the Committee of Detail [Resolutions] - Article VI: Section 1 - First Clause: Madison/Morris Amendment
Mr Ghorum. It would be as improper take this power from the Natl. Legislature, as to Restrain the British Parliament from regulating the circumstances of elections, leaving this business to the Counties themselves — Mr Madison. The necessity of a Genl. Govt. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. The policy of referring the appointment of the House of Representatives to the peop
Mr Madison thought the regulation of the Militia naturally appertaining to the authority charged with the public defence. It did not seem in its nature to be divisible between two distinct authorities. If the States would trust the Genl. Govt. with a power over the public treasure, they would from the same consideration of necessity grant it the direction of the public force. Those who had a full view of the public situation wd. from a sense of the danger, guard agst. it: the States would not be
The object of this proposition was to refer the plan for the Militia to the General Govt. but leave the execution of it to the State Govts. Mr Langdon said He could not understand the jealousy expressed by some Gentleman. The General & State Govts. were not enemies to each other, but different institutions for the good of the people of America. As one of the people he could say, the National Govt. is mine, the State Govt is mine — In transferring power from one to the other — I only take out
Also tagged as: Congress, General Government, Legislative Power, Military, Militia, National Legislature, National Supremacy, State Government, State Legislatures
It was moved and seconded to insert the words “or by law” after the word “constitution” in the 2nd section of the 10th article which passed in the negative. [Ayes — 1; noes — 9.] Editors' note: North Carolina replaces Massachusetts as the absent delegation, an the number of voting delegations remains at ten.
Report of the Committee of Detail [Resolutions] - Article XI: Section 4 - Crimes Not Committed In Any State
It was moved and seconded to amend the 4th section of the 11th article to read as follows. “The trial of all crimes (except in cases of impeachment) shall be by Jury — and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State then the trial shall be at such place or places as the Legislature may direct.” which passed in the affirmative. Editors' note: Madison writes "nem. con.".
Third Report of the Grand Committee on Postponed Questions: Fourth Clause
Third Report of the Grand Committee on Postponed Questions: Fourth Clause - Remaining Part
Report of the Committee of Style - Article 1: Section 4 - "Except As To the Places of Choosing Senators"
Art. 1. sect. 4. “except as to the places of choosing Senators” added nem: con:
Mr Sherman objected. The expence in such cases will fall on the U— States, and the benefit accrue to the places where the canals may be cut. Mr Wilson. Instead of being an expence to the U. S. they may be made a source of revenue.
Mr King thought the power unnecessary. Mr Wilson. It is necessary to prevent a State from obstructing the general welfare. Mr King— The States will be prejudiced and divided into parties by it— In Philada. & New York, It will be referred to the establishment of a Bank, which has been a subject of contention in those Cities. In other places it will be referred to mercantile monopolies. Mr. Wilson mentioned the importance of facilitating by canals, the communication with the Western Settl
Mr. Pinkney. These declarations from members so respectable at the close of this important scene, give a peculiar solemnity to the present moment. He descanted on the consequences of calling forth the deliberations & amendments of the different States on the subject of Government at large. Nothing but confusion & contrariety could spring from the experiment. The States will never agree in their plans— And the Deputies to a second Convention coming together under the discordant impressions of the
'Mr. MADISON—Form, sir, is always of less importance than the substance; but on this occasion, I admit that form is of some consequence, and it will be well for the House to pursue that which, upon reflection, shall appear the most eligible. Now it appears to me, that there is a neatness and propriety in incorporating the amendments into the constitution itself; in that case the system will remain uniform and entire; it will certainly be more simple, when the amendments are interwoven into thos
Also tagged as: States, Supported, Take, Place, Original, United, Less, State, Order, Added, Arising, Law, House, Congress, Case, Liberty, Ratified, Constitution, Right, According, Amendments, People, Several, Proposed, Addition, Legislatures, Part, Suits, Ascertained, Amendment
'Mr. LIVERMORE was clearly of opinion, that whatever amendments were made to the constitution, they ought to stand separate from the original instrument. We have no right, said he, to alter a clause, any otherwise than by a new proposition. We have well-established precedents for such a mode of procedure in the practice of the British Parliament and the State Legislatures throughout America. I do not mean, however, to assert that there has been no instance of a repeal of the whole law on enactin
Also tagged as: Defence, Senate, Others, Taken, States, Valid, Take, Conventions, Use, Fact, Best, Retained, Place, Original, Purposes, United, America, Public, Less, State, Order, Houses, Favor, Cases, Exercise, First, Assembled, Law, House, Government, Congress, Oath, Case, Effect, Liberty, Certain, Make, Ratified, Constitution, Powers, Right, Amendments, Respecting, Necessary, People, Time, Ground, Several, Proposed, Representatives, Intents, Rights, Things, Legislatures, Consent, Secure, Subject, Addition, Desire, Preserved, Part, Put, Adopting, Number, Amendment, Fifth, Construed
'Mr. SHERMAN said, if they were now forming a constitution, he should be in favor of one representative for forty thousand, other than thirty thousand…So far was he from thinking a hundred and seventy-five insufficient, that he was about to move for a reduction, because he always considered that a small body deliberated to better purpose than a greater one. Mr. MADISON hoped gentlemen would not be influenced by what had been related to have passed in the convention; he expected the committee
Also tagged as: Thousand, Senate, Others, States, Expressed, Prevent, Best, Senators, United, Public, Less, Extending, Proportion, Insure, Forty, Favor, First, Representative, Answer, House, Government, Congress, Hundred, Case, Certain, Constitution, Amendments, People, Several, Proposed, Representatives, Addition, Consent, Legislatures, Thirty, Number, Enumeration, Amendment
'Mr. CARROLL.—As the rights of conscience are, in their nature, of peculiar delicacy, and will little bear the gentlest touch of governmental hand; and as many sects have concurred in opinion that they are not well secured under the present constitution, he said he was much in favor of adopting the words. He thought it would tend more towards conciliating the minds of the people to the Government than almost any other amendment he had heard proposed. He would not contend with gentlemen about the
Also tagged as: Effects, Others, Taken, Free, States, Compelled, Supported, Conventions, Establishment, Expressed, Prevent, Place, Person, Religion, Required, State, Nature, Cases, Favor, Exercise, First, Freedom, Law, Government, Congress, Make, Constitution, Necessary, People, Several, Proposed, Rights, Things, Court, Part, Subject, Secure, Put, Adopting, Regulated, Amendment, Construed
Report of the Committee of the Whole - Fourth Proposition, Seventh Clause
Also tagged as: Effects, States, Supported, Fourth, Place, Seventh, United, Warrants, Houses, Persons, Congress, Oath, Papers, Searched, Describing, Right, Seized, People, Rights, Probable, Things, Secure, Affirmation, Violated, Amendment
Report of the Committee of the Whole - Seventh Proposition, Second Clause
Also tagged as: Grand, Following, States, Militia, Place, Seventh, United, Person, Presentment, Jury, Public, Trial, State, Naval, Forces, Cases, Arising, Danger, Answer, Law, House, Congress, Indictment, Resolved, Land, Infamous, Impartial, Amendments, Service, Time, War, Committed, Second, Crime, Subject, Actual, Capital, Amendment
Report of the House - Third Proposition
Also tagged as: Law, Several, House, Compensation, Congress, Representatives, Election, Second, Taken, Effect, Fourth, Take, Intervened, Amendment, Third, Varying
Report of the House - Fourth Proposition, Seventh Clause
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
Amendment to the Fourth Proposition, Seventh Clause
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
[Editor's note: The tenth amendment came under the House's consideration at this point. None of the available sources specifically record the House taking up discussion, nor do any record debate on this provision. The sources, however, record that the provision was adopted. A comparison between the Committee of the Whole report and the report with amendments presented to the House reveals a few significant alterations introduced into this amendment. The Committee of the Whole report uses the phr
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, Warrants, Houses, Unreasonable, Persons, House, Congress, Searches, Oath, Papers, Searched, Describing, Right, Issue, Seized, Amendments, People, Time, Probable, Things, Secure, Affirmation, Violated, Amendment
'[The third clause] was adopted, as was the fourth, fifth, sixth, seventh, and eighth clauses of the fourth proposition...' (Annals of Congress, 1st Cong., 1st sess., 796). *** 'The 7th, 8th, 9th, 10th, 11th, 12th, 13th and 14th amendments without any material alterations were agreed to' (Gazette of the United States, edition of 22 August 1789, 150). *** 'The 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, and 14th amendments were agreed to with some small alterations'
Also tagged as: Effects, Seizures, States, Supported, Tenth, Fourth, Seventh, United, Warrants, Houses, Unreasonable, Persons, Searches, Congress, Oath, Papers, Searched, Describing, Right, Seized, Clauses, Third, Amendments, People, Eighth, Probable, Things, Secure, Affirmation, Violated, Amendment, Fifth
Burke's Addition to the Articles of Amendment
Also tagged as: House, Congress, Government, Representatives, Addition, State, Following, Articles, Make, Senators, Amendment, Election
‘Mr. AMES thought this one of the most justifiable of all the powers of Congress; it was essential to a body representing the whole community, that they should have power to regulate their own elections, in order to secure a representation from every part, and prevent any improper regulations, calculated to answer party purposes only. It is a solecism in politics to let others judge for them, and is a departure from the principles upon which the constitution was founded. Mr. LIVERMORE said, t
Also tagged as: Senate, Others, Taken, States, Expressed, Prevent, Place, Purposes, Person, United, Prescribed, State, Nature, Order, Cases, Favor, Exercise, Amendment, First, Representative, Answer, Law, House, Government, Congress, Case, Make, Powers, Constitution, Amendments, Time, Necessary, People, Ground, Proposed, Representatives, Rights, Things, Desire, Legislatures, Consent, Subject, Secure, Part, Defence, Election
Sedgwick's Amendment to Burke's Motion
Also tagged as: United, Congress, States, Make, Use, Powers, Amendment
‘Mr. AMES said, that inadequate regulations were equally injurious as having none, and that such an amendment as was now proposed would alter the constitution; it would vest the supreme authority in places where it was never contemplated. Mr. SHERMAN observed, that the Convention were very unanimous in passing this clause; that it was an important provision, and if it was resigned it would tend to subvert the Government. Mr. MADISON was willing to make very amendment that was required by t
Also tagged as: Others, States, Take, Prevent, Senators, United, America, Required, Public, Less, State, Prohibited, Order, Danger, First, Law, House, Government, Congress, Effect, Certain, Make, Powers, Constitution, Right, Amendments, Time, People, Necessary, Proposed, Rights, Legislatures, Secure, Subject, Number, Amendment, Election
Additional Proposed Amendment
Also tagged as: United, House, District, Government, Proposed, Representatives, Congress, Following, States, Articles, Constitution, Amendment
'On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: "That the exclusive, power of legislation given to Congress over the Federal town and its adjacent district, and other places purchased or to be purchased by Congress of any of the states, shall extend only to such regulations as respect the police and good government thereof:" It passed in the negative.'
Also tagged as: United, House, District, Government, Proposed, Representatives, Congress, Following, States, Articles, Constitution, Amendment
Additional Proposed Amendment
Also tagged as: United, House, Congress, Representatives, Proposed, State, Following, States, Articles, Constitution, Senators, Amendment
'On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: "That Congress shall not alter, modify, or interfere, in the times, places, or manner, of holding elections for Senators and Representatives, or either of them, except when tire legislature of any state shall neglect, refuse, or be disabled, by invasion or rebellion, to prescribe the same:" It passed in the negative.'
Also tagged as: United, House, Congress, Representatives, Proposed, State, Following, States, Articles, Constitution, Senators, Amendment
Jacob Moritz replaces W.G. Van Horne on the committee.
Mr. VARIAN. If the gentleman voted in the affirmative, he is not entitled to reconsider, because that motion was lost on a negative vote. Mr. SQUIRES. Mr. President, as a matter of fact there are no candidates before this Convention this morning for those three places, consequently the motion would not be necessary. [Laughter.]
Also tagged as: Vote, Places, Entitled, Necessary, Convention
Renomination for Engrossment Clerk
Also tagged as: Places, Territory, Amount
Mr. GOODWIN. Mr. President, in what I am going to say I hope the President will not think for one moment that I lack appreciation of the very high honor he has conferred upon me in making me chairman of the judiciary committee, but in my little experience, I have never seen people reach places which they did not deserve and have any comfort in them; and then there is a principle of justice connected with this matter. While I earned all my legal titles honestly, it is more than twenty years sinc
Also tagged as: Years, House, Business, Make, Time, Place, People, Made, Mining, Due, Places, Connected, Judgment, Justice
Mr. EICHNOR. Mr. President, the best is the cheapest; the gentlemen on that committee, Mr. Wells, Mr. Roberts, Mr. Thurman, Mr. Eldredge, and Mr. James, are a perfect guarantee to me that they have done the best for this Convention that they possibly could. We have spent nearly half an hour here and possibly wasted fifty dollars of this precious thirty thousand dollars on this question. We refer it back and before we reach a final conclusion, we will have spent a day in wrangling over this matte
Also tagged as: Dollars, Convention, Day, Compensation, Days, Made, Exceed, Proposition, Members, Proceedings, Fifteen, Make, Time, Member, Case, Place, Amount, Receive, Least, Official, House, Business, Judgment, Necessary, Officer, Right, State, Rate, Part, Subject, Final, Places, Duty, Providing, Territory, First, Mines, Legislative, Judge, Nothing, Qualified, Prescribed, Pay, Degree, According, Keep, Entered, Vote
Mr. IVINS. Without further reference then to the rules, I simply wish to call attention to that fact. Now, I believe in fairness and I do not see any fairness or any necessity of increasing this committee. I believe the nine men are just as capable of making the report to this Convention as eleven will be, and when it comes here we have got to take action upon it. It is all going to come before the Convention anyhow, and I am opposed to any rule by which this committee may be consistently increa
Also tagged as: City, Made, Subject, Granted, Grant, Due, Cities, Taken, County, Perform, Member, House, Purpose, Sufficient, Proposition, Territory, People, Places, Support, Duties, Members, Convention, Least, Districts, Case, Salt, Time, First, Place, Part, Vote, Lake
Mr. EVANS (Utah). Mr. Chairman, I am opposed to that amendment for the very reason that it places the matter in the very same condition that it was before. The corporation can pay money into court. They can go to work and plow up the man's land, tear down his house, turn him upon the street, and wait along three years before it is determined whether they are to have that money or not. That is the reason I am opposed to it.
Also tagged as: Money, Places, Pay, Corporation, Years, House, Court, Utah
Mr. VAN HORNE. Mr. Chairman, I was going to move as an amendment to that that the amendment I propose be inserted in place of the section. Mr. KIMBALL (Weber). I second that.Mr. VARIAN. That presents substantially the same question that was presented on his motion to strike out. Now, it will be observed that this section contemplates the taking of private property for private use. There is no question here of a public use. Of course the proviso in the second line of the section amounts to nothi
Also tagged as: Use, Mining, Private, Proposition, Water, People, Mines, Made, Necessary, Make, Convention, Pay, Pass, Declared, Value, Entitled, Construed, Territory, Proper, Decisions, Purpose, Dollars, Consent, Part, Time, Individuals, Laws, Business, Case, Second, Contract, System, West, Supreme, Trust, Paid, Prevent, First, Duty, Utah, Name, Providing, Act, Constitution, Taken, Property, Legislature, Purposes, Lands, Compensation, States, Cases, Law, Court, Courts, State, Public, Right, Rights
Mr. VARIAN. I would ask the gentleman not to withdraw his amendment. The committee by an addition of a word or two can obviate that objection, as growing out of the context of section 23, and say that you do not mean to exclude other public uses. Mr. EVANS (Weber). May I ask the gentleman from Cache a question. Mr. HART. Certainly. Mr. EVANS (Weber). I understand you to say, you would strike out “for sanitary or domestic purposes?” Mr. HART. Yes, sir. Mr. EVANS (Weber). I suppose you desire
Also tagged as: Private, Use, Water, Necessary, Amendments, Mining, Determine, Declared, Proposed, Sufficient, Vote, Providing, Part, Proposition, Provisions, States, Make, Matters, Washington, County, Remain, Granted, Made, Utah, Effect, Individuals, Least, Places, Constitution, State, Rights, Jurisdiction, Lands, Provide, Taken, House, Purpose, Property, Purposes, Compensation, Cases, Time, Court, Public, Right
Mr. KERR. Mr. Chairman, it seems to me that this motion should not prevail. There is not a thing in this section that should not properly be included in the Constitution of a new state. All it provides is, that a Legislature may establish high schools in such places as Salt Lake, which desire to establish high schools. I cannot understand that it would be desirable to prohibit the establishment of a high school. Mr. THURMAN. I would like to ask the gentleman a question. Would not the Legislatur
Also tagged as: Provide, City, Subject, Made, Constitution, Taken, County, Trust, Establishment, Power, Make, Nothing, Constitute, Capital, Prevent, Purpose, Remain, Legislature, Receive, Day, Providing, Counties, Necessary, Proposition, Free, Common, Schools, University, Taxation, Provided, Territory, People, Continue, System, Places, Support, School, States, Houses, Convention, Members, Proposed, Least, Districts, Second, Territorial, Appropriation, Money, Years, Time, Law, First, Salt, Place, District, Institutions, Part, Provisions, Dollars, State, Vote, Public, Utah, Keep, Right, Lake
Mr. THURMAN. Mr. Chairman, I would like to ask the gentleman from Salt Lake if his motion contemplates passing from this business now to something else? Mr. VARIAN. Certainly. Mr. THURMAN. I am in favor of the motion, but I am in favor of continuing work and going through the article, and get the sense of the Convention on the various parts of it, so that when it is referred back, the committee who has charge of getting up the article can understand something about what the Convention thinks a
Also tagged as: Convention, Provisions, Make, Made, Granted, Least, Pass, Proposition, States, Congress, Common, Bill, Places, Purpose, Members, Utah, Perform, Consent, Proper, Provide, University, Powers, Change, Several, Nothing, County, Granting, Trust, Use, Grand, Salt, Subject, Matters, Sufficient, Lake, Business, United, Public, Determine, Proceeds, Number, Instruction, Duties, Amendments, Labor, Objections, Act, Constitution, Government, Power, Legislature, Schools, Lands, School, Time, Institutions, Law, State
Mr. ROBERTS. Mr. Chairman, I shall not detain the committee so long, perhaps as they anticipated had not the rules been changed this morning. I shall not detain the committee so long as I expected myself, this morning, for the reason that this question now before the committee has changed phases somewhat since last evening. I am informed that the gentlemen of the majority of this Convention_I mean our Republican friends, went into caucus last evening and almost solidly concluded to support the p
Also tagged as: Provide, Increase, Subject, Made, Grant, Constitution, Taken, Judgment, Change, Power, Make, Become, Nothing, House, Adoption, Days, Proposition, Elections, Day, Granting, Free, Issue, Election, Territory, Pass, People, Executive, Congress, Number, Support, States, Actions, Convention, Least, Proposed, Second, Years, Time, First, Institutions, Duty, Place, Franchise, Part, State, Taxes, Majority, United, Utah, Vote, Right, Effect
Mr. CHIDESTER. Mr. Chairman and gentlemen of the committee, I do not deem it necessary to enter into a full discussion of this question now, for the reason that I believe that the question has been fully settled in the hearts and minds of the people. Notwithstanding the statements that have been made this morning, I believe that the question has been thoroughly ventilated, and that the people have virtually passed upon it. I believe when the platforms were adopted by the two political parties th
Also tagged as: People, Equal, Made, Convention, Place, Part, Majority, Become, Subject, Justice, Proposition, Power, Age, Elections, Franchise, Make, County, Consent, Purpose, Elected, Entitled, Congress, Property, Religious, Exercise, Governor, Act, Free, Territory, Case, Public, Duty, System, Least, According, Powers, Real, Created, Submitted, Nothing, Granting, Incorporated, Members, Union, Member, Process, Trust, Constitution, Government, Civil, Laws, States, Right, Years, Institutions, First, Law, Time, State, United, Utah, Vote, Rights
Mr. ROBERTS. Mr. Chairman, I arise to a question of personal privilege. Some remarks which I made in the heat of discussion this morning were perhaps stronger than I would wish in referring to one of my colleagues, Mr. Ivins. I would not wish to lose a friend nor do him any injustice, and I therefore personally apologize to Mr. Ivins for anything offensive in my remarks. Mr. VARIAN. Mr. Chairman and gen-men of the committee, rarely have I had an opportunity of listening to such an oratorical ef
Also tagged as: People, Convention, Make, Judgment, Made, Majority, Part, Equal, Votes, Duty, Private, Territory, Proposition, Nothing, Power, Place, Elected, Cast, Personal, Congress, Election, Members, Use, Union, Effect, City, Years, Become, Town, Reasons, Degree, First, Least, Tax, Support, Subject, Religious, Change, Franchise, Exercise, Control, House, Salt, Lake, Laws, Several, Common, Property, Constitution, County, Government, Purpose, Day, Free, States, Time, Law, State, Public, Utah, Vote, Right
Mr. BARNES. Matters have assumed a shape in this Convention which I think calls forth some remarks from me as a delegate from Davis County. It may be somewhat presumptuous on my part to take up the time of this Convention after listening to the able oratory with which we have been favored during the last day or two, but, Mr. Chairman, I desire to say a few words in defense of the residents of Davis County_my constituents and the constituents of Mr. Roberts. We are informed this afternoon, that t
Also tagged as: City, Made, Grant, Granted, Indian, Constitution, Taken, County, Lake, Proper, Trust, Power, Make, Prevent, Votes, Seat, Legislature, Day, Proposition, Granting, Issue, Office, Election, Times, Territory, Pass, People, Equal, Matters, Support, Cast, States, Convention, Least, Proposed, Second, Territorial, Years, Time, First, Salt, Franchise, Place, Duty, Part, Use, State, Majority, Utah, Age, Vote, Right, Rights
Article on Revenue and Taxation [Article No. 14]
Also tagged as: Increase, Paid, Made, Authorized, Claims, Tax, Value, Several, Voting, Commissioners, Bonds, Auditor, Prevent, Exceeding, Sufficient, Counties, January, Therefor, Provided, Private, Declared, Board, Purposes, Authorize, Matters, School, Taxed, Laws, Appropriation, Money, Place, Corporations, Real, Part, State, Dollars, United, Public, Proceeds, electors, Majority, Vote, City, Mining, Individuals, Thereon, Attorney, Preceding, Municipal, Business, Qualified, Authority, Debts, According, Amount, Proposition, Secretary, Published, Taxation, Levying, Office, Lands, Submitted, Franchises, Officer, Pay, Treasurer, Districts, Mines, Final, Years, War, Valuation, Exceed, Hereby, Construed, Religious, Sources, Respective, Constitution, County, Power, Purpose, Property, Corporation, Election, Places, Owned, Proposed, Prescribed, Territorial, Law, Personal, Therein, Governor, Providing, Duties, Provide, Cities, Perform, Nothing, Legislature, Day, Equal, States, Debt, Members, Case, Person, Time, Rate, Duty, Town, Taxes
Mr. KIMBALL (Salt Lake). Mr. Chairman, I have not offered to take {544} any of your valuable time during this Convention, but I feel duty bound this morning in justice to myself and to my moral convictions and upon this subject to state my position, and in justice to my constituents to say a few words. I am in the position of some who feel that they are bound by party pledges. I feel that I am bound by something stronger than this. I am bound with honor to my own convictions in justice to the ge
Also tagged as: Convention, Proposition, Grand, People, Equal, Make, Justice, Majority, Support, Votes, Constitution, Granting, Matters, Cities, Town, State, Taken, Place, Exercise, Receive, Election, Business, Members, Duty, Ad, Name, West, Special, Entitled, First, Least, North, Pass, Places, County, House, Days, Day, Territory, States, Years, Time, Vote, United, Utah, Right, Rights
Mr. C. P. LARSEN. Mr. Chairman, surrounded here as I am by the beauty and grace of our capital, it may be somewhat difficult for me to express my feelings, but I would not feel justified in not saying a few words on this question. As this seems to be a testimony meeting, I desire to just bear my testimony as well. There have been same things said that perhaps had better never been said. There is apprehension that if we give the women the franchise that conditions will be brought about that none
Also tagged as: Made, Constitution, County, Peace, Member, Nothing, Make, Business, Votes, Capital, Remain, Day, Necessary, Justice, Elected, Issue, Election, Territory, Holding, People, Equal, Reasons, Matters, Places, Support, Members, Least, Territorial, Years, Time, First, Franchise, Duty, Use, State, Majority, Public, Utah, Vote, Right, Rights
Mr. WHITNEY. Mr. Chairman, I do not deem it an unreasonable request that I have made. It was I who seconded the motion giving to the gentleman from Davis County the privilege of closing the debate upon this question; he having requested that privilege in view of the fact that as he has been asked by his constituents to resign, it would probably be his last speech on the floor of this Convention. As this is probably the last speech I shall make on earth [laughter], for there is no telling what o
Also tagged as: Convention, People, Subject, Proposition, Made, Franchise, Make, Salt, Lake, First, Nothing, Proper, Issue, Member, Consent, Votes, Place, Use, Grant, Case, Rights, Matters, Power, Congress, Voting, Times, Justice, Judgment, Equal, Act, Public, Real, Taxation, Number, Pass, Pay, Least, Effect, Second, Laws, Days, Part, Change, Become, Day, Taken, Constitution, Necessary, Representative, Declared, Office, Free, County, Government, Territory, Members, Years, Time, State, Utah, Vote, Right
Article No. 6.2: Section 14: Amendment
Also tagged as: Elections, Third, Subject, Second, Places, Municipal, Election, Town, City, School, Vote, County
Mr. SMITH. Mr. President, I have been thinking considerably over this matter and to me it is a matter of very grave concern. The other day in committee of the whole, I remember that some of the constitutions had sections in like section 23. I became a little concerned that possibly we might do a wrong if we did not put the 23d section in, but in the consideration of this section it seems to me if we tie this up too completely and too perfectly it is going to strike back in a way that it will not
Also tagged as: Provide, Paid, City, Made, Subject, Individuals, Claims, Powers, Due, Act, Value, Constitution, Taken, Judgment, Change, County, Companies, Trust, Government, Power, Make, Nothing, Purpose, Property, Legislature, Passed, Day, Proposition, Necessary, Water, Secretary, Name, Corporation, Private, Provided, Territory, Pass, People, Purposes, Legislative, Submitted, Matters, Compensation, Laws, Pay, Convention, Least, Proposed, Jury, Bill, Case, Labor, Money, Time, Years, Law, First, Court, Place, Corporations, Dollars, Part, State, Use, Public, Utah, Railroad, Keep, Right, Rights
Mr. VARIAN. Mr. Chairman, I still do not understand, even granting the purpose of the gentleman to amend section 2, why that should prevail. What reason is offered for letting state officers alternate, or some of them? The whole theory of the bill was that state officers would be elected at one time. Of course we have an understanding that certain other elections be held at different times. Mr. LOW (Cache). Mr. Chairman, by way of explanation, I would read the amendment which I wish inserted in
Also tagged as: Provide, Following, Made, Individuals, Absence, Claims, Granted, Offices, Several, Judgment, Change, County, Commissioners, Officers, Government, Make, Become, Purpose, Legislature, Department, Elections, Proposition, Control, Amount, Granting, Secretary, Elected, Taxation, Provided, Office, Election, Times, Executive, Board, Senate, Washington, Places, System, Terms, States, Members, Debt, Bill, Case, Years, Time, First, Term, Place, Senators, State, United, Public, Governor, Utah, Duties
The PRESIDENT. Shall the decision of the chair stand? An appeal is taken from the decision of the chair. Shall the decision of the chair stand? All in favor will say Mr. VARIAN. One moment, Mr. President. It must be obvious to the Convention, as well as to the gentleman from Utah County, that if this is the law under our rules this question cannot be presented at all, and the question confronting us now is whether upon the third reading, when we are in the Convention, where the ayes and nays
Also tagged as: Provide, Subject, Absence, Act, Constitution, Voting, Taken, Persons, Change, County, Third, Member, Proper, Entitled, Lake, Power, Determine, House, Make, Qualified, Purpose, Passed, Proposition, Elections, Necessary, Day, Proceedings, Election, Pass, People, Number, Congress, Submitted, Places, Degree, Laws, Members, Proposed, Least, Convention, Time, Salt, Law, First, Place, Provisions, State, Majority, electors, Utah, Vote, Right, Rights, Effect
Mr. VARIAN. I move its adoption. Personally, I entertain the conviction that the principle underlying this apportionment is utterly vicious and wrong, but I also recognize the fact that it is in accordance with the sentiment of a large majority of this house, and to the extent that they have made the apportionment as it appears in the report from the committee, which was unanimous, I believe, I am prepared to defer and bow to the will of that majority. I am using the word majority now in the sen
Also tagged as: Provide, Increase, City, Made, Powers, Cities, Constitution, Several, Taken, Judgment, Change, Fifteen, County, Member, Entitled, Government, Senator, Power, Representative, House, Make, Municipal, Union, Prevent, Capital, Legislature, According, Fixed, Incorporated, Proposition, Day, Counties, San, Control, Necessary, Justice, Provided, Territory, Legislative, People, Senate, Equal, Number, Congress, System, Support, States, Consent, Convention, Least, Proposed, Created, Members, Districts, Cases, Case, Representatives, Years, District, Law, First, Time, Place, Salt, Rights, Senators, Part, Provisions, State, Enumeration, United, Majority, Consist, Utah, Vote, Right, Lake
Mr. FARR. Mr. Chairman, favor the first motion and would like the gentleman to withdraw the section and make it three. The CHAIRMAN. The amendment is not in order. Mr. EVANS (Weber). Mr. Chairman, I am opposed to all these amendments. I think that four dollars a day is merely a nominal sum anyway for services in the Legislature. It will not any more than pay expenses, and if we put it at anything less than that, a poor man will not be able to serve in the Legislature. They cannot pay their exp
Also tagged as: Dollars, Pay, Make, Times, Member, Place, Amendments, Money, Least, People, Convention, Proposition, Part, Receive, Lake, Labor, Salt, State, Amount, Corporations, County, According, Public, Union, House, Debts, Town, Number, Support, City, Rate, Bill, Passed, Places, Paid, Remain, Property, Election, School, Constitute, Proper, Days, Capital, Exceed, Constitution, Provisions, Judicial, Taxes, Tax, Taxed, Provide, Government, Business, Legislature, Day, Office, Territory, States, Members, Years, Time, First, Utah, Vote, Right
Mr. RICHARDS. Mr. Chairman, I move that section 4 be added to the legislative article. I desire to say, Mr. Chairman, to the gentlemen of the committee that this section does not in my opinion partake of a partisan character, and perhaps there may be gentlemen enough on this floor, who would be willing to support it. The object of this will be clear to gentlemen who will stop and consider it for a moment. It is to prevent people who are in power in any department of the State occupying public po
Also tagged as: Prevent, Contract, Officer, Amount, Places, Authority, Regular, Vote, Made, Legislative, Support, Proper, Times, Compensation, People, Department, City, Constitution, Taken, County, Power, States, Case, Law, Court, State, Public
Mr. ROBERTS. Now, Mr. Chairman, I trust the gentlemen have not forgotten the remarks of Chief Justice Miller, relative to the very great power of the government in the matter of taxing its people. It is a power that I grant you should be unlimited when it comes to be exercised in the preservation of the government. The amendment or section that I submit and ask to have made part of the legislative article does not undertake to limit the power of government when the question is as to the preserva
Also tagged as: People, Private, Debt, Dollars, Powers, Make, Bonds, Two-Thirds, Least, Made, Money, Part, Exercise, Legislative, Use, Equal, Grant, Establishment, Passed, Subject, Railroad, Case, Increase, Majority, Times, Companies, Cities, Purposes, Proposed, Act, Days, Washington, Authority, Nothing, Proposition, Individuals, Counties, Congress, Convention, Corporations, Several, Places, Created, Justice, Town, Governor, Territorial, Bill, Due, Prevent, Cases, Place, City, Tax, Constitution, County, Government, Power, Business, Purpose, Property, Legislature, Free, Taxation, Laws, States, Years, Time, Law, Courts, State, Public, United, Utah, Vote, Rights
The CHAIRMAN. The matter before the committee is the amendment offered by Mr. Roberts. Mr. MALONEY. Mr. Chairman, I had not expected to make any remarks whatever upon the important question now under discussion and I have never taken the time to prepare a single word, but as a native son of the old volunteer state of Tennessee, I am not going to sit by and allow my native state to be assaulted and its good name traduced by the gentlemen upon this floor, without resenting it and stating the trut
Also tagged as: Indebtedness, Made, Subject, Individuals, Grand, Constitution, Taken, County, Companies, Trust, Bonds, Government, Establishment, Power, Business, Nothing, Make, House, Purpose, Prevent, Votes, Legislature, Amount, Proposition, Day, Free, Issue, Elected, Schools, Corporation, Provided, Private, Declared, Territory, Pass, People, Congress, Matters, Laws, School, States, Members, Convention, Proposed, Pay, Second, Bill, Mines, Representatives, Money, Time, Salt, Law, Rate, Place, Rights, Dollars, Corporations, Part, State, Use, Public, Governor, Utah, United, Majority, Railroad, Vote, Right, Lake, Effect
The committee of the whole then proceeded to the consideration of the article on executive. The CHAIRMAN. The chair is informed that we had progressed to the twelfth section of the article on executive and the question is on the adoption of the substitute offered by Mr. Eichnor. Mr. EICHNOR. Mr. Chairman, that is a substitute for section 12. The substitute I proposed gives the governor the power to pardon for misdemeanors, without the consent of the board of pardons; if a person is convicted o
Also tagged as: Provide, Following, Made, Subject, Grant, Act, Connected, Convicted, Several, Persons, Taken, Judgment, Judge, Member, Government, Attorney, Power, Determine, Make, Auditor, Constitute, Pardon, Prevent, Authority, Days, Legislature, Passed, Treason, Evidence, Trial, Day, Control, Amount, Secretary, Provided, Proceedings, Judges, Pass, Board, Executive, People, System, Places, Laws, States, Officer, Consent, Members, Cases, Jury, Case, Time, Salt, Law, First, Person, Court, Part, Supreme, State, Public, Governor, Criminal, Utah, Justices, Vote, Lake
SPECIAL ORDERS. Mr. VARIAN. Are we now properly under the head of special order? The PRESIDENT. Yes, sir. The motion to reconsider is the motion properly before the house. Mr. VARIAN. Mr. President, as I desire to close the discussion, if there be one, I shall only make a preliminary statement. It was quite proper I thought on yesterday that a motion to reconsider should be made in order that every member of the Convention should have an opportunity to express his views upon this very importa
Also tagged as: Indebtedness, City, Made, Individuals, Tax, Act, Constitution, Voting, Taken, County, Proper, Special, Bonds, Member, Government, Power, Business, House, Make, Become, Municipal, Purpose, Prevent, Capital, Nothing, Property, Days, Union, Legislature, Day, Proposition, Necessary, Issue, Taxation, Corporation, Private, Qualification, Times, Election, Territory, People, Purposes, Washington, Matters, States, Debt, Convention, Least, Proposed, Pay, Members, Case, Money, Representatives, Years, Time, First, Law, Salt, Place, Town, Dollars, Part, Provisions, State, Corporations, Use, Public, Majority, United, Utah, Railroad, Keep, Vote, Right, Lake, Effect
Mr. VARIAN. Mr. President, were it not that this question has been much misrepresented and is, I apprehend, much misunderstood or apparently so, I would not undertake to consume the time of this Convention further in this discussion. It will be remembered, however, that while through the medium of the public press as well as by speakers upon this floor the proposition which I affirm here has been attacked, we have heard comparatively little in support of the proposition. It was hurried through t
Also tagged as: People, Railroad, Majority, Debt, Convention, Made, Pay, Money, Salt, Lake, Proposition, Dollars, Make, Private, Bonds, Subject, Valuation, Times, Necessary, Taken, Purpose, Corporations, Territory, Common, Support, Days, Part, Become, Determine, Places, Taxation, Exercise, Election, Members, Legislature, First, Capital, Mines, Constitution, Courts, Created, Union, Taxes, Justice, Trust, Cities, System, Second, Commissioners, Proposed, Corporation, Office, Duty, Stock, Indebtedness, City, Tax, County, Government, Power, Business, Property, Day, States, Years, Time, Law, State, United, Public, Vote, Right
Mr. MALONEY. Mr. Chairman, I hope the motion will prevail to strike out sections 13, 14, 15. They are legislation pure and simple. If they work well, all right. If they do not work right we cannot get rid of them until the Constitution is amended or until we have a new Constitution. I say it is making it too cumbersome and it is a radical departure from the system already adopted, and therefore, I am opposed to it, and on the third reading I do not intend to vote for the article at all, or any p
Also tagged as: System, Convention, Place, Private, Make, Duty, Several, Judgment, Perform, Capital, Least, Part, Pay, Territory, Lake, Places, Keep, Receive, Cities, Vote, Purpose, School, Treasurer, Constitute, Legislature, Second, Change, Public, Members, Made, Third, Provided, Office, Territorial, Days, Monday, Therefor, Secretary, Official, Auditor, Member, Salt, Compensation, Matters, Money, Constitution, County, Officers, Government, Business, Day, Counties, Elected, Board, Number, States, Case, Institutions, Time, Law, State, Duties, Right
The CHAIRMAN. The question is on the motion of Mr. Cannon. Mr. CANNON. Mr. Chairman, my reason for offering that is this, I am not opposed to a board of arbitration, but I cannot see any advantage that would be obtained now by the laboring man by having a provision in the Constitution to this effect. (Reads section.) For this reason it is very evident the provision does not go into effect until the Legislature acts. I am opposed to it for several reasons. One is that another board is provided f
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The CHAIRMAN. The next is the substitute offered by Captain Ryan. Mr. RYAN. Mr. Chairman, I would like to say a word further in support of that amendment or substitute. I presume, and I think it is the desire of all the delegates in this Convention, if they do anything on this matter at all, to do something that will be practical; and there are abuses all over this Territory, and all over the mining regions, you might say, especially on the Pacific coast, where I have been, that should not be t
Also tagged as: Made, Mining, Judgment, Proper, Entitled, Government, Become, Nothing, House, Purpose, Legislature, Amount, Control, Necessary, Day, Common, Name, Territory, Pass, People, Board, Legislative, Number, Submitted, Matters, System, Places, Laws, Support, States, Convention, Pay, Labor, Mines, Money, Years, Institutions, Duty, Personal, Corporations, Provisions, Use, State, Age, Railroad
Article No. 13.2: Section 8: Second Amendment
Also tagged as: Mining, Second, Places, Following, Provide, Legislature, Persons
Mr. IVINS. I am coming to the gentleman a little later on. The idea, gentlemen, is that an unjust system of taxation is designed by this article. I have been in the committee, was a member of the committee where it was adopted and protested against it there, just as I protest against it here, and gave notice that I should fight it, and that is what I now propose to do. Now, then, this system of taxation of revenues is subject to just as many objections as the other system of taxation. That reven
Also tagged as: Provide, Increase, Paid, City, Made, Subject, Value, Tax, Act, Constitution, Taken, Fifteen, Two-Thirds, Change, County, Bonds, Trust, Companies, Power, Member, Government, House, Make, Business, Capital, Purpose, Prevent, Debts, Property, Legislature, Passed, According, Evidence, Amount, Providing, Control, Proposition, Day, Free, Justice, Name, Taxation, Provided, Territory, Pass, People, Purposes, Equal, Washington, System, Places, Taxed, Laws, States, Pay, Convention, Owned, Members, Case, Money, Years, Time, Law, First, Salt, Personal, Place, Rate, Dollars, Real, Part, State, Use, Taxes, Public, Utah, Keep, Vote, Right, Lake
Mr. PAGE. What other property do you have in mind? Mr. EVANS (Weber). I have not any. Mr. PAGE. That would be likely to come under that head? Mr. EVANS (Weber). I think all is enumerated there that should be, but there may be property of a like nature which the Legislature might want to exempt, but I would make it of a like nature. Mr. PETERS. Do you not think this amendment will be more appropriate if inserted after the word “burial?” Mr. EVANS (Weber). Well, it probably would. That has al
Also tagged as: Make, House, Place, Purposes, Property, Legislature, Places, Taxes, Proposed, Right, Taxation
Mr. CANNON. Mr. President, I am opposed to the motion to strike out. I think we have just as much right to place this provision in as many others that are contained, and I believe there is a reason for it. There has been in almost all ages a discrimination on account of sex, not because of the difference in work, not of the difference in the amount performed, but simply because of sex. There are instances in this Territory where parties at the present time contract for certain kinds of work. I w
Also tagged as: Provide, Paid, Made, Persons, Writing, Supply, Perform, Determine, Make, Prevent, Contract, Receive, Amount, Water, Times, Legislative, Territory, Equal, Places, Pay, Convention, Case, Time, Salt, Place, Use, Public, Right, Lake
Mr. RICHARDS. As you understand this section 2, would not the Legislature have the power to provide for high schools, as a part of the common school system_free schools? I call your attention particularly to the last two lines, where it says that the other departments {1221} of the school system shall be supported as provided by law. Mr. VARIAN. Yes, sir; they might have that power. I doubt whether they would have the power to make them free, but what is the use of beating this thing around
Also tagged as: System, Salt, Lake, Cities, Common, Second, Part, Money, Make, Made, Support, People, Trust, Necessary, Sufficient, Counties, Dollars, Number, Convention, Members, Authorize, Providing, Use, Indebtedness, Nothing, Proposition, Taxes, Taxed, Subject, University, Laws, District, Territorial, Amount, Declared, Establishment, Places, Property, Member, Washington, Purpose, Houses, Effect, Least, Authority, According, Provisions, Determine, Taken, Justice, Provide, City, Tax, Constitution, County, Power, Legislature, Free, Schools, Taxation, Provided, Territory, School, Districts, Time, Law, First, State, Public, Utah, Vote, Right
Mr. HART. Mr. President, it seems to me that the amendment by the gentleman from Salt Lake, Mr. Cannon, hardly covers the ground that he wishes. It seems to me that the matter is left uncertain as to whether additional indebtedness could be contracted by the State in excess of the present indebtedness, or whether that would apply only after the present indebtedness was fully paid. It seems to me that it is not as clear as the proposition offered by the gentleman from Salt Lake, Mr. Varian, which
Also tagged as: Dollars, Paid, Exceed, Debt, Lake, Existing, Salt, Bonds, Contract, Territorial, Make, Effect, Passed, Authorized, Places, Vote, Purposes, Number, Increase, Amendments, Fifteen, Proposed, Several, Public, Made, Amount, Part, Proposition, House, Matters, Money, Pay, Indebtedness, Constitution, Purpose, Debts, Provided, Territory, Time, State
Mr. JOLLEY. Mr. President, I think that this is something that we should carefully consider. Now, it has come under my observation in the past where there have been less than two dozen voters that have imposed a heavy tax upon two hundred voters for school improvements, and it was simply because it was in a busy time of the year, and in a farming district, and the people were scattered and busily engaged, and the notices being posted up for ten days were unobserved by the busy workers of the peo
Also tagged as: People, Majority, Proposition, Taxes, Made, Special, Make, Pay, Amount, Houses, Law, Officers, Time, House, Rate, Person, Published, Control, Places, Connected, Taxation, Receive, Process, Territory, Least, Dollars, Legislative, Constitution, Created, Taken, Cases, San, Debt, According, Determine, Corporation, Real, Number, Case, City, Indebtedness, Tax, Act, County, Purpose, Property, Counties, Election, Purposes, School, Districts, Right, District, Court, Public, Vote
Mr. KERR. Mr. Chairman, I am opposed to the motion. The section provides for the union of the higher educational institutions of the public school system. If this amendment should prevail, the State normal school, State school of mines, and other departments of higher learning of the public school system will be connected with the university, while the agricultural college would remain a separate institution, and I desire before a vote is taken on this amendment to state briefly my position on
Also tagged as: Indebtedness, Following, City, Made, Instruction, Mining, Grant, Granted, Value, Act, Connected, Several, Judgment, County, Fifteen, Government, Make, Nothing, Become, Union, Remain, Legislature, Department, Amount, Day, Common, Schools, Provided, Civil, Territory, People, Board, Lands, Number, Congress, System, School, States, Least, Bill, Appropriation, Mines, Right, Money, Years, Institutions, First, Law, Time, Place, Salt, Dollars, Part, Use, State, Taxes, Required, United, Public, Utah, Keep, University, Receive, Lake
Mr. SQUIRES. Mr. Chairman, I listened with a great deal of pleasure this morning to the eloquent speech of the gentleman from Cache. I was charmed by the graces of oratory and delighted with the argument presented, but not convinced. I am not as well assured as the gentleman is that we should do wisely disturbing the present condition of the university and agricultural college. There are many questions that go to make up this case, as I understand it. I believe with him in a higher education. I
Also tagged as: University, Dollars, Lake, Made, Salt, People, Union, Make, Place, Amount, Convention, Proper, Department, Appropriation, Purpose, Proposition, Constitution, Least, Fifteen, Property, Part, First, Majority, Taken, Subject, Money, Government, Members, Case, Keep, Necessary, Times, Board, Judgment, Common, Connected, Receive, House, Matters, System, Cast, Lands, Several, Member, Support, Name, Counties, Business, City, County, Legislature, Schools, Territory, Number, School, States, Years, Institutions, Time, State, United, Utah, Vote, Right
Mr. CANNON. Mr. Chairman, I am opposed to the motion to strike out and insert these words in the place indicated, for the reason that the state normal school should, I think, be connected with the university. I believe that for all time, or at least for a great many years to come, the state normal school can be conducted in connection with the university for a very great saving. The cost will not be nearly so great. I think this is in accordance with experience of educators in recent times. I ha
Also tagged as: University, Connected, Make, Place, Times, Least, Places, Proposition, Subject, Department, Necessary, Provided, Years, Time, Legislature, State, Schools, School
Mr. ROBERTS. Mr. Chairman, it occurs to me, sir, that the objections urged by the delegate from Utah County, that the Legislature would be forever tied up in establishing branches of the university or agricultural college in other parts of the Territory, does not hold good if the amendment offered by the gentleman from Salt Lake, as to state normal schools, shall carry. Because if that amendment shall prevail, and I hope it will prevail, the Legislature will be at liberty to establish and to pro
Also tagged as: Lake, University, Salt, North, People, Convention, Places, Part, Least, Existing, Fill, Continue, City, Department, Matters, Objections, Provide, County, Constitute, Legislature, Schools, Territory, Institutions, Time, State, Utah, Right
The CHAIRMAN. Gentlemen, we were considering section 5 of the article on education and school lands. There are two motions before the house, one of Mr. Goodwin, that state normal school be added to line 8, after the word “stations.” The other motion is that of Mr. Thurman to strike out section 5. Mr. MAESER. Mr. Chairman, although I am committed to the union of these both institutions, the university and the agricultural college, but as this has been voted down temporarily, I sustain Mr. Goodwin
Also tagged as: Union, People, Cities, Trust, Least, Place, University, State, Places, Part, Day, Reasons, Majority, Common, City, Taken, Judge, Control, Free, Schools, School, Institutions
Mr. BUYS. Mr. Chairman, I am opposed to all of these amendments. I do not think that this Convention should enter into any private contract with any person in this matter. I do not think it is right that we should do so. I do not think we ought to say any of these institutions shall be established permanently in this Constitution, but leave that for the Legislature. The Legislature may enter into a contract for the State if it sees fit, probably, and then proper arrangements might be made for th
Also tagged as: Made, Constitution, Judge, County, Proper, Entitled, Make, Business, Nothing, Pardon, Contract, Days, Legislature, According, Sufficient, Proposition, Day, San, Necessary, Water, Schools, Private, Territory, People, Equal, Number, Reasons, Places, School, Houses, Convention, Members, Person, Institutions, First, Time, Salt, Place, Amendments, Part, Vote, State, Public, Utah, Dumb, Railroad, Keep, University, Right, Lake
Article No. 17.2: Section 2: Eighth Amendment
Also tagged as: University, Made, Make, Necessary, Places, Houses, Money, Legislature, Right, Schools
Mr. KERR. Mr. Chairman, I understand that there was a motion before the committee yesterday, offered by the gentleman from Utah County, to strike out section 5. Mr. VARIAN. Suppose the motion fails, then the judgment of the house would be that it stands just as it is. We ought to perfect it in accordance with the will of the house. The CHAIRMAN. The chair will entertain motions. Mr. THURMAN. I understand, Mr. Chairman, that to be the rule. I admit that I am not a parliamentarian, and the gent
Also tagged as: City, Made, Constitution, Several, Judgment, Change, Two-Thirds, County, Power, Establishment, House, Make, Purpose, Authority, Legislature, Passed, Fixed, Department, Proposition, Common, University, Provided, Pass, People, Congress, Places, Hereafter, Laws, Terms, States, Convention, Existing, Final, Money, Institutions, Time, Law, First, Salt, Place, Hereby, Term, Amendments, Part, Use, State, Construed, Utah, Dumb, Vote, Lake
Mr. BOWDLE. I want to ask Mr. Varian a question. I have not had the opportunity to look into the location of the agricultural college. Is there any statute upon the location of the agricultural college or any United States statute fixing it? Mr. VARIAN. It was located, Mr. Chairman, in 1888. That may have been amended. It has been recognized as being at Logan in the several appropriations that have been made. Mr. BOWDLE. Under your amendment, Mr. Roberts, as you have it, do you think if it is
Also tagged as: University, Union, Convention, Proposition, Made, Place, Fixed, People, Least, Nothing, Salt, Lake, Places, Receive, Members, Proper, States, Existing, Continue, Determine, Vote, City, State, Change, Part, Establishment, Prevent, Transferred, Evidence, Property, Purpose, Territory, Several, Legislative, Public, Provisions, Rights, Appropriation, Taxes, Cases, Trust, Subject, Laws, Personal, Keep, Judgment, Support, Case, County, Government, Legislature, Day, Years, Institutions, First, Time, United, Utah, Right
Article No. 17.3: Section 4: First Amendment
Also tagged as: Provided, Provide, Law, First, Removal, Legislature, State, Places, System, School, Public, Utah, University, County, Schools, Mines
Mr. HAMMOND. Mr. President, I am opposed, sir, to this substitute offered by the member from Grand County, although he is my son-in-law. He is a republican and I can forgive him, but he is off_plumb wrong. The idea of moving the university, as his substitute provides, to Cache County_why he may as well take it to the North Pole so far as San Juan could get any good from it. [Laughter.] I am astonished that a member from the south would make such a motion. Professor Kerr converted me the other da
Also tagged as: Lake, Salt, University, Union, People, Convention, Place, Made, Dollars, North, Water, Judgment, Subject, Law, Proper, Proposition, Make, Case, Value, Mines, Become, Taken, Necessary, Proposed, Establishment, Years, Business, Part, Government, Congress, Amendments, Day, Purpose, Consent, Granted, Legislative, San, Sufficient, Support, Board, Representatives, Places, Member, Members, Connected, Debt, City, Constitution, County, Property, Legislature, Territory, School, Institutions, Time, State, Vote, United, Utah, Right
Mr. ROBERTS. I would ask the gentleman if he knows how many signers to these petitions asking for the submission of this article have been flied in this house? Mr. IVINS. I understand that these petitions have been signed by a very small minority of all the people of Utah, but I stand here to-day advocating that that minority should be heard [laughter], and I hope the gentleman will not stand in opposition to me upon this question. Mr. ROBERTS. I wish to ask another question, and that is, if t
Also tagged as: People, Convention, Use, Make, Majority, Sale, Made, Places, Utah, Place, Washington, Individuals, Cases, House, Mining, Legislature, Public, Keep, Purpose, Number, City, Pass, Money, Duty, Law, Proper, Water, States, Pay, Matters, Lake, Cast, Day, School, Districts, Legislative, Change, Constitution, Business, Territory, Years, Time, First, Vote, Right
Mr. EVANS (Weber). Mr. Chairman, there is no doubt but that if liquor could be successfully prohibited the journals and records of crime would be greatly reduced and mankind no doubt benefitted. I believe it is stated by some of those who have studied the question that there is more money expended for the use of liquor than there is expended for the combined uses of food and clothing. All these facts, together with the myriads of people who indulge in its manufacture and in vending the same, are
Also tagged as: City, Made, Individuals, Constitution, Officers, Government, Power, Business, Nothing, House, Prevent, Legislature, According, Amount, Name, Times, Territory, Pass, People, Washington, Congress, Places, Laws, States, Convention, Least, Territorial, Sale, Time, War, Law, Person, Place, Part, Amendments, Use, State, Execution, United, Utah, Railroad, Vote, Receive, Effect
Mr. DRIVER. And I want the chair to understand that it is a lie. The CHAIRMAN. I will say, Mr. Driver, that the direction of the chair must be observed. Mr. MILLER. I did not wish to cast any reflections upon Mr. Driver. I just merely desired to call his attention to a fact that did transpire, that is all. Mr. DRIVER. It is a dastardly lie. The CHAIRMAN. Proceed, Mr. Miller. Mr. MILLER. Then the gentleman says the only way to cure the evil is to convert the people convert the drunkard. Mr.
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Mr. ROBERTS. I ask the gentleman if he does not recollect a petition that I myself introduced, signed by more than two thousand people from this city, asking that prohibition be neither put in the Constitution nor submitted as a separate article? Mr. MILLER. I have no recollection of it, sir. It may have been presented when I was not present. Mr. ROBERTS. It is a fact, however. Mr. MILLER. If that be the fact, Mr. Chairman, I recall the assertion that I made. Mr. THATCHER. Mr. Chairman and
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Mr. THURMAN. Mr. Chairman, I trust the section will not be struck out. It may possibly be covered, but if it is, the committee on revision, who will have this whole matter in their hands, can decide where they will retain it, whether here or in the legislative article. I think we ought to make this complete as we go along and leave that kind of business to the committee on revision. Mr. EVANS (Weber). I would ask Mr. Pierce why he wants the balance of the section struck out. He did not make any
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Mr. ROBISON ( Wayne). Mr. President, I hope that amendment will not prevail; the classifying of the counties in that district would not be suitable at all, and it would not add any to the benefits of the people, but it would be very much the other way, and I shall vote against that proposition. Mr. JOLLEY. I would like to ask the gentlemen from Garfield a question. There would be only the three judges that would fill those different districts? Mr. CHIDESTER. There would be one judge from each
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Mr. EVANS (Utah). Mr. President, I ask for the ayes and noes on my amendment. Mr. CRANE. Mr. President, I trust this amendment will not pass. I do not believe that it is right that a man, because he is a judge of a district court, three or four or five hundred miles from the city of Salt Lake, should have his salary reduced lower than that of the judge in Salt Lake. He may be just as good a judge. He may be just as learned in the law, and he has to travel hundreds, and in one district, I find t
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Article No. 21.2: Section 14: Second Amendment
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Mr. RICHARDS. That is exactly the point designed to be covered by the amendment I offered. Mr. VAN HORNE. I understood that it was designed to be covered by that, but I think that the substitute covers it perhaps a little more clearly than the amendment would. In like instances a man that had a hundred bushels of wheat to ship where it would only make part of a carload could very properly be charged on account of the greater cost of handling the additional rate for shipping that wheat to the sa
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Mr. BOWDLE. Mr. Chairman, I do not know; I might eventually come to the same conclusion, but not having the substitute a long time to think about it particularly, it looked to me like it was all right. I came to the conclusion that I would let it go to the third reading and then we will have the whole matter before us and we will know better_at least I feel I will know better what I want to do in that regard, and I don't feel like taking action on it now. Mr. RICHARDS. Mr. Chairman, I am in fav
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Article No. 21.2: Section 25: Amendment
Also tagged as: Support, Required, Amendments, Places, Companies, Business, Law, City
Mr. JAMES. Then, I am speaking on the entire business. Mr. EVANS (Utah). Mr. President, I submit to you that I made a motion to strike out. Mr. HART. Did the chair rule that that motion to strike out is in order? The PRESIDENT. Yes; I did. Mr. James will proceed with his argument. Mr. JAMES. As I was about to say, this is the most remarkable proceeding that has come before this Convention since it has convened. And I am astonished, Mr. President_I cannot understand this proceeding. I cannot
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Article No. 21.2: Section 29: Amendment
Also tagged as: Places, Thereto, Constitution
Mr. JAMES. Mr. Chairman, I hope that that proposition will not prevail. This proposition is submitted to you after consultation with the best bankers in Salt Lake City, the oldest and the largest, and not only from them has come information regarding that, but from individuals. This provision is the same provision that they have in the state of New York, which is said to be the best that there is in the United States, and is the one from which the national banking law was enacted, and the only d
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Article No. 21.2: Section 32: Amendment
Also tagged as: Remain, Corporations, Companies, Places, Convention, Justice, Vote, Member
Article 21.3: Section 14: Amendment
Also tagged as: First, Following, Made, Part, Passed, Places, Public, Day, Persons, Railroad, Receive, Companies
Mr. EVANS (Weber). Banks. Mr. IVINS. Well, banks, under certain conditions. It seems to me there are other corporations in which there is just as great an opportunity to defraud creditors as in the insurance business, and I can see no reason why this special legislation should be passed here. And that it is legislation there is no doubt in my mind. The question was fully debated in the committee of the whole and was stricken out. Now, there ought to be some good reason why it should be reinsert
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Mr. EVANS (Utah). Mr. President, I would suggest that those amendments, would come more properly on section 4, when we reach it. Mr. THORESON. Mr. President, I hope the amendment to the amendment will not prevail, because most of this land that is now settled_the knowledge of the surveys did not exist in the Territory. If settlement was made prior to survey, they could have obtained patents from the United States, and we have no such lauds, because they would get patents if they could prove up
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Article No. 26.3: Section 6: Amendment: Amendment
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Mr. MAESER. Mr. President, I fully acknowledge the justice of the claim of Sanpete County for some consideration in the location of one of our public institutions, but I hold that the mere location or the mere claim of a county, or any particular locality, in being favored with the location of one of our public institutions, is not the first consideration. We have to consider the welfare of the respective institutions that are under consideration. Now, we are talking here of the deaf, dumb and b
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Motion to Reconsider Point of Order regarding Article No. 26.3: Section 6: Second Amendment
Mr. KERR. I will state, Mr. President, that did not desire yesterday to take up the time of the Convention considering this question, because I have not any idea but that the motion will be voted down by an overwhelming majority. I admit that I was astounded {1726} when the result of the vote was announced, and I can attribute it to no other cause than a misapprehension on the part of some of the delegates of the importance of this question. Now, the question is simply this, The normal school is
Mr. ROBERTS. Mr. President, I wish to give notice that I desire to close this debate. Mr. CANNON. Mr. President, I would like to speak a moment or two, if I have the floor. I desire to say a word upon the subject of the removal of the normal school from its present location. Professor Kerr has explained to you many of the reasons why this should not be done, and I fully concur with him in his statements. There are at present in the university about three hundred normal students, I am informed, o
Mr. L. LARSEN. Mr. President and gentlemen, I would like to say a few words on this question. I hope that the gentlemen of this Convention will give Sanpete a chance. I shall vote for the amendment to this motion for this reason, that I desire to give the people of Sanpete a chance to locate, providing that this Convention concede the right of Sanpete to get the normal school. I think it is right that the people of Sanpete should have their choice and select the location. I do not think that it
Mr. GOODWIN. Mr. President, I want to give notice that when Mr. Richards finishes his speech, I shall move the previous question. Mr. RICHARDS. Mr. President, I should not occupy any time in discussing this amendment, or proposed amendment, but for the fact that I regard it as one of very great importance, and one which involves statehood itself, and I desire to present, in the best way that I can in the few minutes that I have under the rule, the reasons why I do this. If I did not believe tha
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Mr. CRANE. Mr. President, I trust this correction will not be made, making it “therein;” it refers directly to this State. When this Constitution is adopted, then we will be within the lines of this_“herein.” When you are talking about the furniture in this room, “I own this room and all the furniture herein.” If I own the furniture in the other room, I say, “and all the furniture therein.” This does not refer to this paper or this book when it refers to this Constitution when it is adopted nex
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Article XIX: Changes
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Mr. CRANE. Mr. President, I do not think that that should be stricken out in this sense_that is a very material change in the section. Mr. THURMAN. I want to ask the gentleman a question. Does “in the same” refer to the State or place of business? It is ambiguous the way it is and may refer to either. Mr. CRANE. In the State. “State” could be replaced. Certainly to eliminate the three words would make a very material change in the section; if that is stricken out, Mr. President, the agents mig
Also tagged as: Change, Place, Places, Make, Remain, Proper, Business, Purpose, State
Mr. JAMES. Mr. President, the gentlemen really do not understand what they are doing, when they move to strike this out. This is the language precisely of five or six of our constitutions, and not only that, there is not a single new constitution adopted in this western country that has not got it. Mr. THURMAN. Let me ask the gentleman a question. What does “in the same” refer to_places or state? Mr. WHITNEY. It sounds as if they might always have to be in their offices. Mr. JAMES. Not necess
Also tagged as: Office, Constitution, Offices, Process, State
Mr. THORESON. Mr. President, I hope that amendment will not prevail. In a good many places, it was written in the lower case. Mr. SQUIRES. Mr. President, I submit that is not the statement of the fact as it exists. There are a number of places in the Constitution, where I know they were capitalized. Mr. RICHARDS. Mr. President, I would suggest, if we are going to have a motion on the subject, I would rather the motion be that it be uniform. Whatever rule they have pursued in the forepart of th
Also tagged as: Places, Common, Proper, Subject, District, Courts, Number, Constitution, Case
Mr. HART. Mr. President, I prefer the substitute offered by the gentleman from Cache, for the reason that that provides for the committee on compilation and arrangement to supervise this work. I think that a good solution of this whole thing would be to pass the suggestion or amendment that Mr. Varian proposes with Mr. Thoreson's amendment, making the committee on compilation authorized to supervise this work. Let them employ whom they may, and then fix the compensation in there at five hundred
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