Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-23

TIE PROCLAMATION VALID
With view OF testing the validity
Of the proclamation Of Ex-Governor A.
l.. Thomas IN reference 70 the holding
Of district courts At Logan aud Nephi,
District Attorney Judd, ON the 10th
inst, submitted 10 their honors printed
brief and arguments thereon by At.
tornoy J. Byron Jennings, Of Nephi,
and Attorney w. w. MAughan, Of
Logan, In support Of the same.
When the minutes Of yesterdays
aession had been read by tho clerk,
Chief Justice Zane said - In
the matter OF tue holding Of
tho district court at Logan, Utah,
m the Fourth Judicial district, aud at
Nophi, Utah, In the Fret judicial
district, the act Of Congress. In force
June goth, 1855, declares that "lhc
times and places ~ now Fixed by tho
statutes Of said Territory for holding
t0ut therein shall remain until
changed by law" Tho territorial law
On force March 10th, 1892, after desig.
untlng the counties witch shall com.
Jsc the various judicial districts Of
thu Territory, provIdeg "All causes,
iuth civil and criminal, In which the
u0e u action shall arise In either
tHc counties constituting tho districts
tr hcfeinbefote named, shall be- heard,
iilud, and determined Ia such district,
hl such time and place ~ the Governor |
may, by proclamation, IA; provided |
mat In all cascH q change q the place |
Vt TRIAL may be allowed ~ IL, or may |
tr, prescribed by law.D
IN pursuance Of that law the Gov. |
trucr Issued his PROCLAMATION bearing |
cate tie 18Th day VI April, 1898, aud |
IKEA tho place tot holding the First, L
srclnd anu Fourth terms OF the dis. !
irlci court In the district ~ which Og.
zen w situated, at that place, ami the
iuiM term u appointed nc Logan, 90 be
hyli on the hnt Monday VI Srpicm.
htE The proclamation also designatos
tue tIrsl, SECOND and Fourth terms OF
court IA the Fret Judicial district 1T
FfJVO, anu the Third term st MOI hi, In
that district, On tue first Monday OF
September.
The court Ia Of the opinion, aud NO
holds, that the act o. the territorial
Legislature Of March I,h, 1892, IL
Validi anu that the proclamation oI the
governor Issued In pursuance thereof
hiking the times AMI places for holding
the courts mentioned In the pToula.
nation II by authority Of law, and
there Il no legal objection 10 the hold
ing OF the courts at Logan. at the
time and place named, anu at Nephi,
al the time anu place named.
KILLED ON THE RAILWAY.
Judge Smith delivered the couri,.
opinion In this case Of Sarah Woods ct
nj. respondents, W. the southern Pa.
clio Railroad company, appellants.
IL was an appeal iroui a Judgment ana :
order denying new trial made In
the Fourth district court In favor OF
piaiatiiis ana against the defendants. /
judgment was for damages accrulng 4
10 plaintiffs by Teneon Of tho death OF
George =. WOODS through the alleged
n, gligence OF the defendants. On the :
Jay uI the accident deceased was In /
ne employ OF the company NJ car.
enter working at Lake station, Box q
hlutr county, aud tue OUTFIT car In o
Fhich he anu others were was run on v
% Terrace attached to n freight train, :
Ae the train was entering the sWitch a
II the last named place II was dorailed
md the outfit car wrecsed. Deceased I
vas killed anu i've or ak Of his Follow a
'otkmen were moro or les seriously ID
INJURED. The lower court overruled v
he motion for a now trial and hence ,
he appeal. a
The Supreme Court now affirmed r
he judgment u the court below with a
osis, Judges Zane and Bartch con.
urring. II
ms HORSE WAS KILLED. y
Robert Simpson, respondent, vs. the IL
Union Pacific Railroad company, Al
ppellants. Nj
Judge Bsrtch rendered the opinion e
this case. The action Was brought a
y htlmps0n 10 recover the value OF a nj
orse Killed by a train ON the defend- u
hts' track at Ogden aud the Jury Ia
'uhu IN me favor, assessing the n
lusges ~ sl82,bO. The appeal was III
,Aen from the lower court (Fourth to
'nuon Tor new trial. 10
The judgment Of the court below WAS h,
hfmed. Judges Zane and smith a.
incurred. sil
CLERK BAoHE's ACCOUNTS. W
Tho aocounts Of Clerk ]. p. Bsehe. 30
'uGLilng 10 sll0, for the second ia
after Of 1888, we're submittei by r.
.s'''ci Attorney Judd anu approved. ui
lunMITED ON STIPULATION. IN
Terrell W. Groosbook. In this case br
o. stipulation TO dismiss was sub.
lued and All order asked granting Q
cent per month as Interest anu
.uid ted damages, 2
AN AslPUTATED LEa. III
The case OF Frank Lpake. plaIntin sti
Il respondent, vs. the Rio Grande AZ
esteem Hallway company, defendnnta ~
d appellants, was submitted on bfiefs
tue appellants' counsel Judge Rem.
" anu argued by Attorney ID. n.
'aup for the respondent. II wasan
.eal from judgment OF the Third \
nc. court In favor Of the plaintia M
! from It's order In denying defend. No.
new trial. The facts OF the ease INV
10 tully reported w these columns T
In INC trial OF tho case quite recent. ~
Tho plaintiff was "A tsnmster. and VI
he unloading ore from mis- wagon w.
u car at the compRny's depot at ~
ishAm train of cirr ran down a n
~ grade. HIS leg was No Injured ,,N'
I Hmputatlon became nee, ssary and ~.
was otherwise Injured. The Jury re-. 'a ~,
ned verdict for sl8.a7O. mn ""'
u PLAINTIFF consent this aniount "a
reduced TO $40 9TO Daf.nfan,s ~