The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-07-13
BARTCH IS DONE UP.
And He Will Not Draw His
Salary.
MR.. WILLIAMS AND JUDGE ZANE.
Mr.. Dyer Says the Judge Is Prejudiced- The
Counsel For the Receiver-0ther I'M
p0rtant Legal Business.

The supreme court was in session again
ates Henderson, Anderson and Blackburn
on the bench.
NJ. n. Stone and Graham F. Putnam
were admitted to practice, after which the
case of G. ". Bartch VS.. John c. Cutler,
Clerk of the county court. was taken up.
The opinion was delivered by Judge An
derson. The case is familiar to the readers
of The HERALD, and grew out Of an appli-
cation fer writ of mandamus TO compel
Mr.. Cutler to issue warrant ia favor of
plaintiff for sos 50 for services rendered
during December, 1889, as superin-
tendent of county affairs by the county
court in November, 1889. Bartch
set up that among other duties he
mad the care of insane people and
paupers, the supervision of county
buildings and bridges and general county
matters, and that his salary was fixed DIT
:, 800 per annum. For the month of De-
cember his bill was as Dove stated
Inc court held that the appointment was
without authority; that the county court
has no right to create such an Office. The
application for a writ was therefore denied.
Judge Blackburn filed a separate opinion
concurring III tie main decision, but hold
ing that the probate judge should be paid
per diem outside h regular duties as pro-
bate judge
In The case of C. c. a. Christensen a de-
clslon sustaining the decree of the lower
court was made. Ctristianscn was tried
on the charge of unlawful cohabitation.
Alter the trial at which he was convicted
the defendant moved a new trial, which
was granted, the grounds being that one of
the petit jurors which convicted him had
set on the grand jury which returned the
indictment United States Attorney Var
Ian appealed the case to the supreme court
on the grounds that the court erred
in granting the new trial. But he was con
WINGED OF his mistake, for the supreme
court sustained the decision of the court
below and Christensen will get another
show for his white alley
Farley l.. Williams next filed claim for
services as counsel for the receiver IN the
church case from November 1888 at the
rate of y, 600 per annum.
His next action was the filing of docu.
ment in which he objected TO Judge Zane
! taking part in the consideration of the
question OF the allowance to be made on
the ground that Judge Zane as counsel in
certain matters connected with this case
had expressed an opinion and was en-
ployed ard paid as counsel to oppose the
| allowance OF compensation to the receiver S
! attorney.
! To support his claim Williams introduced
an affidavit by Frank H. Dyer setting UP
! the fact that Judge Zane was and is biased
and preiudiced, and that he ought not take
any part IN the decision of this case.
Dyer also made an affidavit to the effect
that Joseph b. Rosborough, recently ap-
pointed examiner of the receivers ac
counts, is preiudiced against him and is de
cidedly hostile to him. Dyer therefore
said Joseph b. Rosborough oughtn not to act
Mr.. Varian said he would like to be
heard on this question and was informed
that written suggestions would be received
by the court.
The petition of Mary r. Tiff to sue the
church receiver in order to settle tie title
| to certain lands held by him as the prep
erty of the church was granted.
In the suit of Boyd Park ct al. VS.. Lucy
NJ. Higbee the judgment of the lower couri
was affirmed and an appeal taken to the
| United States supreme court.
In the case of Sarah j. Kirshow VS.. F.
H. Dyer ct al. the decision of the cour
was reversed and the decision of the lower
court sustained.
The decision of the lower court in tn,
case of Samuel E. Vance vs. John II
Whalon, was reversed and an appeal taker
to the United States supreme court. Bon(
was fixed at $4,000.
The matter OF the appeal in this case O
the Wasatch Mining company vs.. the Ores
cent Mining company was arranged by tn
judgment of the lower court being modi
lied so as to allow the Crescent compan,
time to pay the Judgment awarded.
The decision of the lower court wa
affirmed in The case Of VIM. Glassman VS.
Mary O'Donnell, an appeal from the dis
trict court at Ogden.
In the case of the People VS.. Joseph Fair
banks indicted for assault at Provo, til
court sustained the decision of the cour
below, that the indictment was not good
a decree was rendered affirming tn,
Judgment of the court at Ogden in the cas-
If Alma Shoshonetez VS.. Francis E. Adam
eJal.
The argument in the case of the Societ
des Mines, etc VS.. Richard Mackintos
was resumed and completed, after whic
the court adjourned.