Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-22
watormas,or and road supervisor was

watermaster and road supervisor was
confirmed.
Julian Riley, 70 saloon proprietor,
cnl cd attention TO the matter Of 5. NJ.
Duggins, another saloon man, running
an hotel bar room without the hotel,
within the prescribed distance rom n
church, and asked that the matter be
remedied, or he would ask the tity Tor
damages. The two saloons aJJoin'
Referred TO the committee on license.
Il. A. Wilson was appointed to Ill
the vacancy created In the council by
the resignation OF William Probert,
representative from the Fourth ward.
His only opposing candidate was
Thomas N. Taylor, and the vote was
i've against three IN favor OF WILSON,
CHARGES AGAINST BLAclSBURN.
Alta meeting Of tho Bar association
OF Provo city held Monday night, the
following resolutions were adopted:
II IL resolved and charged by the
Bar association Of Provo city, that
John w. Blackburn IL incompetent to
discharge the duties Of the Office OF
associate justice OF the Supreme Court
OF Utah Territory, and presiding Judge
OF the Firat judicial district court,
sitting at Provo city, for tho following
reasons:
!. lie assumes the role OF Especial
council" for one side, aud Is systemat-
ically unfair and unjust In his conduct
aud rulings 10 the other In almost
every case that Is tried be-
fore him. SO apparent and 30
notorious. has this become that II "
matter Of ordinary comment, not only
by the members OF the bar, but by the
people generally who frequent tho
court room.
2. He has not n judicial mind. He
continually violates the most ele-
mentaIy Illes Of evidence anu of pro.
cedure, either from ignorance OF these
rules, from inability to distinguish AMI
apply them, or from wlltul or un.
conscious disregard Of such rules under
tho influence Of his prejudice In the
particular ease.
9. He Is physically incapacitatcd TO
dlscarge the duties OF his Office by
reason OF age aud bodily inflrm.
itiee. IL In not an unusual oc.
curfence fns him to fall asleep
during the al Of u case whether OF
law or equity, while on the bench, 20
that the attorneys resort to the oxpedi-
cot OF dropping book or maklng some
other unusual noise TO awaken him and
secure his attention 10 listen 10 an
objection or discharge some other duty
connected with tho trial, or make up
the record without tho Judges assist.
ance.
4. lie Ia wholly lacking In judicial
dignity. He constantly interrupts the
orderly trial OF cases by scolding, snap.
pish and discourteous Interruptions Of
counsel during examination OF wit.
nesses or Jurors and ON other occasions,
which are often permitted to grow
into unseemly contention between
himself and counsel. The trial OF tho
case or the Arguments Of counsel
are constantly interrupted by querrel-
Gus complaints AMI directions to the
bailiiis and otlicefs Of the court. To
such an extent has this been carried
that II has become simply unendur
able.
D. lie In discourteous and arbitrary
In his conduct towards members OF the
bar przcticlng before him. This Is
particularly noticeable In his treat
mont OF the younger members OF the
bar.
o. This association IL not actu-
ated by any personal feeling against
him, but wholly by the honest belief
that his appointment was n mistake,
and his incumbency OF the Office
misfortune already endured too long.
This feeling Ii not confined to the
members OF this association, but 10 con-
CURED in by almost every attorney In
this Territory who has practiscd no.
fore him, anu by the people generally
who have been brought into contact
with him.
We earnestly petition the President
OF the United States to GAUGE his re-.
moval without unnecessary delay anu
to that end we unite land welcome In.
vesligatlon.