Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-12
THE SUPREME COURT.
The Salary Of The Probate Judge
Other Business.

Il r. 4. McGurrin was Designated 10
perform the duties Of clerk.
e The court rendered decisions in
the following cases:
United States VS.. Andrew B.
Schow, appellant, unlawful cohabita-
tion;from the Second District Court;
Judgment Of lower court affirmed.
J. w. Maxfield, appellant, VS..
Joseph A. West ct al, respondents;
from First District; rehearing de-
MED.
VIM. r.. Smith, respondent, We.
Joseph Phillips, appellant: from
First District; dechion OF court be-
low reversed, and a new trial or
Tered.
Springviile City, respondent, VS..
James Hawley, appellant, from
First District; decision Of district
court reversed and new trial ordered.
Frank 1earance VS.. Salt Lake
City; from Third District Court:
decision Of court below affirmed.
In the matter OF the estate OF 5. 5.
Walker, the decision Of the Third
District Court was affirmed.
n. G, Biygare vs.. Thomas Ma
lOneyj nom First District Court;
decision Of court below affirmed.
Salt Lake Foundry and Machine
Co. VS.. Mammoth Mining Co.; bond
on appeal filed.
J. ". Easton, OF Colorado, and
/. ]. McCahe, of Washington, were
admitted to the bar.
The case Of Spanish Fork vs..
Mortensen was continued for the
term.
Mr.. Critchlow called up the ap-
plication OF Probate Judge Bartch,
for a writ Of mandate requiring
County Clerk Cutler to issue 10 him
warrant for his salary as county
superintendent Of public affairs. The
order Is as follows:
To Joh4 @ euler. ci.-k Of q. CJ1r
COURT, Sal, Lax: County. Ul6h.
George ". Bzrich having fied in this
court his aibdS.It sud petition setting forth
that the ss;d a.iant is now, and since the
25rd OF October, $50 has been the duly ap-
pointed. qualified and acting probate Judge |
OF Salt Lake County. Utah Territory, and /
as such member OF the county court o.
said county; that on the 3oth day OF Sovem. |
said county court. appointed. sppeTintend- /
ent OF county Affairs OF salt Lake COUNTY
! whose duties shOald he. rutside the regrIaf /
sessions OF SAID court, 70 have and exercise
supervision and control OF the public build
| inss OF said county, public roads and 4
I bridges and work done upon the same toe
| supervision, care and maintenance
| OF paupers and ir-ane perzou.
and generally 70 exercise such A.
tive supervisors. over the Affairs Of he
County a. ~ by law required Of the County
! Court Aforesaid, outside the regular attend. |
| aace upon the sessions of said court. that |
/ the sand aiiant undertook and Performed
! all the duties and responsibilities OF said
/ appointments by said Court, and that after
| afl2nt rendered TO the County Court Of salt
/ lake county, then In REGULAR session his
/ claim or bin for the services rendered IN
pursuance Of said appointment, which bin
was duly iiemiaed ard verihed BY the oath |
/ OF afHant. as required by law; and thatupon
tue same day, IN open court, said clairr was
/ duly allowed and approved by said Court.
and that you, john @. Cutler. the clerk OF
said County UOprt, was ordered 20 draw
warrant uron the treasurer OF salt LAKE
! O9anty n favor OF the said afiiani in the
srm of S2os.53, the full amount clair-ed by
afnant, and that you. the Arid John q Ont |
Ter, refused, and ttsll do refuse 70 craw
upon the treasurer OF salt Lake County
yo"r warrant for the payment of the claim
OF afhant above referred 10. though sften
requested so TO do, and that petitioner has
no plain, speedy or adequate remedy in fhe
premises IN the ordiuary course OF law.
Now, therefore. you, Johr Q. Cutler,
clerk OF the county court Of salt Lake
County, arc hereby rommaned and en1oined
forthwith I. draw upon the treasurer of
SAT- Lake County your warrant in favor of
The Ea;d petitioner, George W. Bartch for !.
ne amount OF ssos-s5. in full OF the claim
hereiubefore set forth. or in default there
OF 70 show cause before this court on the |
twelfth day Of April. 1890, a. two O'Clock !
m f''r snch refusal 90 10 do.
Done N open court. this twelfth day Of
April. ls9l.
Chief Jast.cu, Supreme Court OF Utah
Territory.
Mr.. Cutler refuses because he is
informed that to issue such warrant
would render him liable to indict-
ment, under n ruling Of Judge Zane,
and recent proceedings in the Third
District Court.
Mr.. Moyle, county attorney, said
he had filed n demurrer, but he
wanted TO see Judge Bartch get his !
salary, as he believed he was entitled
to it.
Mr.. NaTian, district attorney, said
that, as the attorneys for both sides
seemed TO be Of the same opinion,
some one else should be appointed.
or the case be deferred till the dispos-
al Of the same question in cases
where indictments had been found. {
Mr.. Critchlow opposed any post
pOnement. If Judge Bartch was en-
titled TO the salary. he should not be
put Off hecanSe an indictment had
been found against some one for !
receiving the salary.
Tho snrurf a NJ Z q
and Col. Merritt, city attorney, TO
attend TO the case, in opposition TO I
Judge Bartch's application, as they
were public officers.
Mr.. Critchlow wanted the case /;
disposed Of at an carly date, as the
county needed the services for
which the salary was being asked.
Mr.. Nariau wanted time TO dis
cuss il, as il would dispose OF num- !
Der Of indictments.
Col. Merritt asked to be relieved :
from appearing in the case, as he
wanted TO see Judge Bsrtch get the
salary, and believed he was entitled !
to it.
Judge Bartch said the duties OF
the office were laborious, and he 7
had performed them since last Oc- /,
tOber without compensation. They !;
did not belong TO him as probate
judge. If the county court had no
right to pay for services imposed. by
law, he desired 10 know il, and he
would no longer perform them ,
without any compensation.
Colonel Merritt insisted on being
released, and the court granted his :
request
Mr. Rawlins was asked to engage ,
in it, but he said he was on the other
side.
Mr.. Variant suggest Mr.. p. L. ,
Williams.
Mr.. Williams lin an emphatic
tone)-I object to the sugges'i ion. ,
Mr.. Varian-Well, I'll try to !
worry it through myself.
After some further discussion, the
hearing was set for the first Monday !
in June. :
Mr.. Williams called up the appli- ,
cation OF F. H. Dyer, for compensa-
ton as receiver in the suit against :
the Church.
Judge Henderson suggested that, .
rs the United States Supreme Court !
would adjourn in May, a decision ,
would probably be rendered by that .
time, and this court could hear the
compensation matter on the first :
Monday in June
This date was agreed upon, and /;
the courtadjourned.
Seeking a Pardon. :