The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-10-01
|YHI HOBBS VICTORIOUS.
Singular Rulings by Judge Bartch
in the Registration Cases.
THE BARS THROWN DOWN
The Question of Intent Cuts No
Figure.
a Jury Secured in the Case of Charles
Arnup, and the Trial VIII Commence
Tomorrow-Rush of Applicants
for Observation-Disclosures.

!
In Chief Justice Zane's branch OF the
Third district court yesterday the i'm
paneling of a jury to try Charles Arnup,
for the murder of the Chinaman, Wong
Quong KEN, was resumed and occupied a
good deal of time. When the panel was
completed the trial went over until Mon
lday, and the remainder of the day was
taken up with naturalization OF appli-
caDts who desired to share in the rights
of citizenship. 1t being the last day for
registration big crowd of individuals of
many nationalities availed themselves OF
the opportunity to get their names upon
the registration lists, and Clerk McMll-
Ian was kept busy receiving fees, which
tailed up to good round sum.
The majority of the applicants an
swered the questions put to them in a
satisfactory manner. About thirty were
passed by noon, and at O'Clock when the
court reassembled a contingent of about
fifty Scandinavians presented themselves,
and others dropped in during the after
noon, swelling the total number natural
lied for the day TO about 15G. Judge
Bartch, although busy with other mat
tiers, found time to admit few.
THE REGISTRATION CASES.
According to previous arrangement, the
| three registration cases were called up in
Judge Bartch's court at 10 a. m. yester-
day. The first case taken up was the ap-
plication of j M. RICHTER for a writ of
mandamus to compel the registrars to
place Fighters name upon the voters
list.
Attorney LIE Grand Young demurred to
the complaint on the ground that it did
not state facts sufficient to constitute q
cause of action or for redress at the hands
of the court. He urged that there were
no specific acts or circumstances as to
residence set forth in the sense of the
term as required by the statute; neither
was there any specification made as to
what the plaintiffs residence consisted
! OF. He made no prefix that he had
permanent residence in the precinct.
Attorney Harris pointed out that Mr..
Fighter had proved his citizenship here
for over year, in his affidavit. His
name appeared on the old registration
| list and he had set forth. In general
terms, that he had been a resident of the
Third precinct during the statutory per-
iod. The objection appeared to be that
this man, following his location, occu-
pied ENJOYABLE residence" and was not
located at some numbered spot in the
city.
Attorney Dickson said their contention
was that the plaintiff did not possess one
single qualification to entitle him to be
placed on the list.
| After a good deal of talk, Judge Bartch
decided to sustain the demurrer on the
ground that the plaintiff had failed to
state sufficiently the point as to residence
but he allowed Attorney Harris until
! O'Clock to amend.
In the LETTER mandamus case a similar
order was made.
| HEARING CONTINUED.
The hearing on the Injunction suit,
Thornton VS.. Walden, was by consent
postponed till next week, but no date
was set. In this matter, it will be re-
membered, a temporary injunction has
already been granted.
THE AMENDED COMPLAINT FILED.
| When the court reassembled at 2 O clock
Mr.. Harris filed his amended complaint.
! to which Attorney Dickson demurred and
argued that RICHTER had admitted that he
| had no residence in the Third precinct;
formerly he resided on West South
Temple street, but had abandoned said
residence and was now residing temper
arily in tent at the gravity sewer. He
was liable to leave there at any time. If
he was discharged by Hobson & Wilker-
son, his employers, he would leave. He
does not pretend that he is a permanent
resident there, or in any precinct of this
city. He simply says he is resident of
Salt Lake city, which is not sufficient to
entitle him to vote. A tramp who slept
in a hogshead might claim the same
right.
Judge PoWers-The law does not en-
quire whether a voter lives in brown
! g. L.
Der OF the house of lords or whether he is
poor and only pays dollar in taxes.
know nothing of what this man s politics
are; whether be would vote for Benjamin
Harrison or Grover Cleveland; whether
he will vote the Liberal ticket.
Judge Judd-Or the Amorine ticket.
Powers (contlnuing)-Or the oleomar-
lives in barrel or not.
Judge Dickson-Are you replying to
any statement of mine?
PoWers-Yes.
Dickson-You are talking to the gall
leries.
Judge Bartch-Is his late residence in
the same precinct in which he now re-
sides?
Powers-Yes.
Bartch-I don't care to hear any more.
The demurrer is overruled.
Fighter, put on the stand and examined
by Mr.. Harris, said be expected to reside
IN the tent, which was now his perma-
nent home for year.
'Did you apply to be reglstered?''
Yes, and was refused because the reg
istrar said he would not put my name on
the list unless could get lawful num-
Der placed on the tent. | did SO, and still
he refused to register my name. -
When you moved from your residence
in the Third precinct did you go to your
present residence?"
No. livedin tent in the First pre-
cinct, and from there moved to my pres
ent tent in the Third precinct -
ST the tent had not been moved to the
Third precinct would you have moved
back to the Third?''
mo; | would have gone wherever the
tent was moved to-
''Then you were a transient and had no |
fixed place of abode, but moved around |
with the camp?'
Jake Greenewald was examined, but his |
evidence was immaterial.
Judge Powers in argument said the
duty of the registrars as prescribed by |
the Utah commission was to register all |
who took the oath,
Judge Dickson argued that the man
was tranIent, and had no intention of |
making the Third precinct his permanent |
home and was not permanent resident. |
Mr.. Harris said under the law thirty |
days residence constituted permanent |
residence.
THE RULING.
His honor held that a thirty DAYS resi-
dence was sufficient, and that the party |
should he repistered and tho coars ~,