The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-02-28
A New Law Questioned.

In the Third District Court, yester-
day, the question OF the validity OF q
portion of the new law redistricting
the First and Third Judicial Districts
was decided. The case involved was
tnat OF Neils Anderson against the
Wasatch and Jordan Valley Railroad
Company, for damages based on the
destruction of property by fire which
was communicated from the smoke
stack of one of the compauy's engines.
Messrs. Tilford & Hagsn appeared for
the plaintiff, and Messrs. Sutherland
& Mcbride for the defense. At the
opening OF the case the attorneys for
the railroad moved for the reinstale-
ment In the jury box of the names OF
the jurors excused by the court
a few days ago because the counties
in which they resided had, by
the new law, been detached from
Third and attached to the Fret
Judicial District, by the law passed
by the last Legislative Assembly, and
approved by the Governor. The
reason for the motion was based npon
the ground that the Poland bill,
which embraces our jury system, pro-
vides that jurors drawn for term,
and not excused for statutory reasons,
must serve during the term; and
that no law passed by the Legislature,
conflicting with this law, can be
valid. Another reason was that the
act had been approved by Emery,
who. they claimed was not Governor,
because OF the appointment of a
and the provision in the
law by which the secretary of
the territory became Governor until |
tie newly appointed Governor should
qualify. The question OF the validity
OF that portion Of the act which the
defense claimed conflicted with the
Poland law, was not met by Judge |
Hunter in his decision. The motion |
was overruled, the reasons given being |
that there were It'll enough names in |
the jury box with which to continue
trials. In regard TO the point ad-
vanced that Emery was net governor,
Judge Hunter held Governor Emery
as the valid officer. for the reason
that by the act OF Congress OF 1878,
the appointee to an Office is not
qualified and cannot qualify until he
arrives in the territory to which be is
appointed, and that by a previous act
Of Congress sn appointee is made the
incumbent OF an Office until his sue
cessor is appointed and qualified.
As soon as a jury had been OBJ
famed, it was challenged as body
Dy the defense on the ground that it
mad not been drawn from a full panel.
This challenge was overruled and the
rial commenced, the defense entering
to both rulings OF the
court. In the event of the defense
osing the case, these exceptions will
q all probability be made portion
# the basis of an appeal, when
hey will be brought before the
supreme Court of the territory, which
will then pass upon the validity of the
ct. In the event that the defendant
obtains q verdict, the law will stand
lnle:s again called into question.
Had the court refused 10 reinstate
be names, ana yet held that the law {
the Jurors from the counties ;
mentioned as being taken
rom the Third district and attached
D the First did conflict. at least for :
be present, with the Poland bill,
be effect would have been to have
elayed sll jury trials for one year,
r until another general jury list had
cen prepared.