The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-11-02

a Bad Grow by a Black Grower.

4 y
day morning, with great flourish OF
trumpets and sound of rejoicing,
over the decision in the demurrer in
the case of the United States 0s.
Cannon, in which the court sus-
tanned the demurrer of defendant
on the ground that the complaint
gave the court no jurisdiction to
proceed with the case. It was a
mere effort to conceal the defeat of
the conspira tors, who. last year,
banded together to perpetrater a
crime on the election laws of the
United States. We read in the edi-
torial of the Tribune that son it's
face itIlooks like a triumph for Can
non." Most true, venerable Judge;
not only on its face, but in very
truth and deed. Let us look
at. Z the history of this. matter:
On the Sth day of June, 1881, after
the testimony in the contest case
had been taken, it gradually dawned
on the minds of the conspiratOrs,
who were backing Campbell in the
pretence that 1900 was more than
$4,000, that for months Cannon had
enjoyed the benefit of being Con-
gresham by drawing the pay.
A complaint in equity was imme-
diately filed, signed by Sutherland &
Mcbride and aP.o T. VanZile; the
title of the suit was Q. S. eC rel. A.
G. Campbell Us. Gee. Q. Cannon. The
object apparently was to enjoin the
defendant from exercising the func-
tions and drawing the pay Of Con-
gresham, and also to declare void an
imaginary certificate of citizenship
which it was said in the complaint
had never been granted to Cannon,
but which it was said he held.
A preliminary injunction was
granted by his honor Judge Hunter
without hearing on the other side.
Z motion was made to dissolve it,
and he promptly decided that he had
no Jurisdiction to continue such an
Injunction and did dissolve it.
In the meantime the defendant
had demurred; that is, said in the
legal parlance that the story told in
the complaint did not give the court
power to make any decree in the
plaintiffs favor. This demurrer
was really on two grounds:
First-That Sutherland & Nc
Bride and 2. T. VanZile did not
have power to represent the United
States, and that such a suit could
only be commenced by the attorney
general of the United States.
Second-That the court did not
have jurisdiction of the subject mat
ter, because if the story of the COM
plant was true there was no power
to declare the certificate a nullity.
On Monday the court sustained
this demurrer on both grounds; and
dismissed that suit which the
Tribune had edItorially on the
morning of its filing Gas if by pre-
vious arrangement with plaintiffs
attorneys announced with column
editorial.
The article referred to says: This
suit will test the whole question,
and will be an original one, in
which the court will pass upon all
the questions at issue, and in which
his honor will have the opportunity
to aooTlt out q path Of his o1O11, and
make his make his mark as a jHrist."
Yet after all this blazon and blow,
all there is Of this case, is that the
court has held he has no Jurisdiction
to interfere in Campbell'S behalf,
and would not even continue the
IN inn 04inY1 tn fl1n hoor.i1on
Our contemporary, however,
finds comfort that among other
things the judge put dis
decision on the ground that
the complaint alleged that the certi-
fcate Of Cannon's naturalization
was fraudulent, and that this allega-
ton was admitted by the demurrer.
This is an Overstatement Of the
law, and OF Judge Hunters position.
A demurrer simply admits the
truth of the complaint for the pur-
poses of the argument. The admis-
sion cannot be used in any other case
or even on the trial of the one in
which it is made. We see this
illustrated every day In court. IT a
demurrer is oyerruled the defendant
may still answer; and his demurrer
does not admit the complaint, else
what use in answering?
Chitty on Pleading says: THE
common doctrine that demurrer
admits the facts stated as the
pleading must be understood with
this qualification, that 1t is so only
atpo7l the argument.
"a demurrer presents only an is
sue in law to the court for consider
alton; and although. it is rule of
pleading, that a demurrer admits
facts we'll pleaded for the sole pur-
pose Of determining their legal suffi-
cheney; yet as rule of evidence. it
was never supposed that demurrer
admitted anything"
These are the opinions of two
eminent authorities. Other Judges
decide the same thing in different
language.
In the face Of the law what be-
comes Of the taunt in the Tribune,
"Is it true, Mr.. Cannon, that your
attorney admitted that there is nc
record of your Naturalization"