Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-06
IN JUDICIAL QUARTERS.
The Appeal in the City once
Gases Dismissed.
CERTIFICATES MUST ISSUE
"I.iberal.nfiOlding Offices TO Which
They Have No Right.
CERTIFICATES MUST ISSUE
SUPREME COURT.

. Judges utluS l4NINAA-
In the case OF the mandsmus pro
c,,edings against Elijah NJ. Sells,
Secretary Of the Territory, the ap-
peal from the District Court was
Dismissed. This matter involves
the right Of six city 'councilmen
and two justices Of the peace TO q
certificate Of election. SecretarySells
gave the certificates to the "Liber-
al'' candidates in the third and
fourth municipal wards Of this city,
although they did not receive a
majority Of the votes. The case
was brought before Judge Zane, and
q writ Of mandate asked, requiring
the secretary to give the certificates
( to The Peoples nominees, who were
elected. The writ was issued, and
an appeal was taken by the secretary
to the Supreme Court. In the
meantime the "Liberal'' candidates
took possession OF the offices. and
still hold them.
Now that the appeal i dismissed,
! the writ Of mandate is made binding
on Secretary sells, whose duty il is
b issue certificates to the officers
elected 10y the people, instead Of the
''LIberal'' candidates. These who
have been and are now acting in
the City Council, upon certificates
TO which they never had n right,
are:
Herbert Pembroke, d. Wosten-
hoime and t. G. Armstrong, third
municipal ward; and w. +. Noble,
Louis COhn and l.. +. Hall. fourth
municipal ward.
Those 10 whom the secretary
should have issued certificates. and
who shO''ld have occupied seats in
the City Council are:
Oscar H. Hardy, Frank II. Hyde
and Eli a. POLAND, third municipal
ward; aud Richard w. Young, VIM.
J. Tuddenham and J. FewsOn
smith, fourth municipal ward.
These To whom certificates were
issued As justices Of the peace were
T.. kahier and +. Kessler. Those
who should have received them
were Ward +. Pack, Jr., and Geo. Z
ID. Pyper.
Ii nov renisir's 10 De seen whether
those wi'c-:l the courts have decided |
are hot entitled to the offices will /
sin persist in retaining them, and I
whether the City Council will ig- |
more the law by still refusing to seat |
those who hold the legal certifi-
Gates
Another case ia the Supreme
Court today was that OF Geneva T.. /
Wells vs.. ID. II. Wells, in which a
motion 10 strike out part Of the
trans -riIt was Overrulei.
The matter OF the estate u ThOs. I
Cope, deceased, was then taken up.
and the arguments were made. This
case involves the right Of children
OF plural wives, where their fathers
died between lsf2 aad 1876. to in
herit frUIe the fathers estate.
PROBATE COURT.
Proceedings in the Salt Lake
County Probate Court yesterday /
Estate Of John Ishrgren; order
fixing.Junc =, at 10 a.m., to hear
petition for probate oI will.
Estate Of Edward McGhse: bond
ami filed. ]
Estate Of Elizabeth Fitton; onirr
Of publication Of notice 10 creditors.
Estate Of Henry Hoskins: order
Of publication Of notice to creditors.
Estate and guardianship OF John
Livingston and Elizabeth Living
ston; order appointing appraisers.
Estate Of John Gibson; bonds OF
James 3. Gibson and W. b. GitsOrrI
and fled.
Estate Of Mary Preshaw: final
discharge Of administrator and
-ure;iys made.
Estate OF jane Payne: order ar
pointing day to hear Petition for let
teas q administration.
Estste OF Robert Porcher: bond Of
Robert NJ. POrcher approved.
Estate Of b. F. HOWclls. bond Of
Thomas L. HOwslls approved.
Estate OF Alexander Neibaur:
bond OF Nathan \. Neibaur ap-
proved.
Estate Of Henry MIai5en: bond Of
Flora J.. AIaiben in the sam of
81, 90 approved.
Estate Of Sarah Narney; bond Of
administrator in the sum Of $40, 900
Estate Of Peter Nielsen, deceased:
bond Of Gur;sve HielsOn approved.
POLICE ITEMS.
DIR. Charles Thompson, for dis
iurhing the peace 1.-THE Continental
Hotel, was fined $40. For a sim
lar ofense at another place. Alex.
Mulherran was asSessed $40.
For being drunk. CLARK Harper
vas fined Sl0 today, and Patrick
Boyd, Carl Nielsen, NJ. Evans and
John Quinn were assessed IS each.
co,nrssEoSER's COURT.
The hearing Of the charge Of for
against Albert Walker and
Alberta Wallace, yesterday after
noon, before Commissioner Green.
man, resulted in their being required
10 furnish bail to await the grand
ury's action. This they could not
10, and they were sent 10 the peni-