Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-09-30
D,muu5r 10 Complaint Ia The Rich.
Ter G'riam1S Sustained.
ATTORNEY HARRIS WILL AMEND.
Tie Thornton Irjunciiun suit Con
tiIuci Until Oup Day Next Week
4 lot " Legal Sklrmish.
Ing this Morning.

they would have 10 30 over, inasmuch |
~ there appeared to have been some
delay or miBuntCriianding IN the ser.
vice Of certain Ialcr-. but when the
matter had boon talked over among
council interested In ,hr sui,s, the pros.
pect became more hopeiGl
Attorney Harris, VINO had been re-
tanned on behalf Of JOAN NJ. Fighter,
q voter Ia tho Third precinct,
insislod that this wao the most imgor,
ant OF the three caocp, aud that m
early ruling Of tho court upon It was
absolutely necessary. The PARTIES oil
round expressing themselves ready to
10 ON, Attorney Lu Grandc YOuns
iiieI took the door to dcmur to the cola.
plant Council ur8ocialcd with him
on behalf OF Walden aud his deputies,
the defendants 10 the suiis, nro Judge
Judd and Attorney w. IL, Dickson.
hi, was an apple ,tion for writ OF
manlamus to compel the registrars to
place Fighters lame upon the voters
llst q tho precinct above named. The
plaintifl, No stated la the NEWS yos ter.
day, u nu hoc0unta MT and bO0kkeIper
In the employ of the gravity sewer
contractors, aud he says that the worry
nature Of his prtbent employment cUu.
pelH him TO lwull, during tue progress
u tho work, iu n teut-ior which rea-
son, mainly, the registrar declines 10
allow his name 10 70 on the register.
Attorney Young demurred 10 inc
complaint On tho ground that II did
not state facts sufficient 10 constitute n
cause OF action or for redress at the
hands OF tho court. lie urged that
there were no specific acts or Cifcum.
stances a. 20 residtncc SIT forth Ia the
sense Of the term ~ required by the
statute; neither was there any spccin.
cation made as 10 what tho plaintiffs
residence consisted OL lie maue no
pTettxt that ho hsd permanent
residence IA the pfCcinct.
Attorney Harris POINTED out that
Mr. RICHTER had proved his Citizsu-
ship heie for over year, IN his nili-
dHyit. Hls name mp AIRED On tho old
regialration list auu he had oct forth,
la general term, That he had been "a
resident Ia the Third precinct during
tue statutory period. The objection
appeared TO be that this man, follow
ing his vocation, occupied "a ENJOYABLE
residence" and was not located at
some numbered tpot In the city.
Attorney Dickson taiu their tonteu.
ton was that tho pluintin did not
possess one single qualification TO on.
title him 10 be placed ON the list.
After good deal uf tAlh, Judge
ID. a a A.. 4. -
Ter on tue ground that the plaintiff had
failed TO state sufficiently the point AZ
10 residence, but he allowed Attorney
Harris until O'Clock 70 amend.
Judge Judd-Ne do not believe this
man lRighteTl eau make a case Mt all.
We arc striking NJ the root OF this
thing.
Attorney Dickson-Our case ID not
based on technically Ut all.
THE THIRD,
The hearing on the Injunction suit,
thornton Vi Walden, was by consent
postponed llll nczt week, bur no date
was rot. In this matter, II will he re-
membered, n temporary injunction has
already been granted.
"TALIlINu TO THE GALLERIES"
when tho court re.asscml lod at 9
pm. Mr. Harris filed his amended
complaint to which Attorney Dickson
domurred. lie said Fighter had ad.
United that he had no "residenco" In
tho Third precinct. Formerly he re.
sided ON west South Temple street, but
had iult there and wns now dwelling
temporarily IN tent ut the gravity
sewer. lie was ilnhlo 10 rbmOvs from
Z - a 4 t.u
employers, HObs0n q Milkerson, the
cOntfnctors. Ho simply said Ito was
Resident Of Salt Lake CITY, which was
insufficient L. cniitlp him to vote. A
tramp who Hlrp; Ia a h0gsheRd might
! claim the same right.
Judge Powers said the law did not
| inquire whether voter resided In "A
brown stone front house or whether ho
WAS member " the house OF lords. IL
| didn't matter whether he lived In a
| barrel or not. Judge Powers began 10
/ say some funny things when
Attorney Dickson Baid-Are you re-.
| plying 20 any statements Of miner
Judge Powers answered yes, which
called forth from hls qucsliOner tho r.
| mAfk-YOu ATE talking 10 the galleTirt!
After come further dialogue Judge
| Baftch said lac did not care 10 hear
anything more; tho demurrer would
DO ovefrilel.
The taking Of testimony WIS then
proceeded with, two witnesses only
having been called. They were Mt.
Fighter anu Jake Greenwali. Tue
evidence Of tho latter was, however,
immaterial. Fighter said he expected
10 reside In the tent, which WIS now
his "permauent hUmr," lot "A year The
registrar, when no applied 70 bu regis
tered, replied that ho wOul not place
hi4 name on the list unless he could go,
lawful number placed on the tent.
Witness diu 20, but no still refused TO
! register his name. when he moved
nom the Third precinct ha went to tho
| Firstan thepce removed back to the
rhird, his present residence In "A tent.
ms IIONOys RULIEG.
Judge Barioh, IN giving his decision,
said that, no hu took II, the question OF
n,rmnnent rcsldeuoe applied to tho
dine frquigrd under the law at the
.XpifAtion Of which citizen had "A
ritbt 10 vote, ana that n he compiled
Win tho law IN these particulars and
actually resided IN u precinct he wac
entitled 10 vote. To hold otherwise
would bv ~ exclude large