Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-24
The CONTEMPT CASE
George c. Whitmoro APPEARED 10 40
SWer in Court This Forming.
Despite Lots Of Obstacles In the Way,
Start was Made at Iast.-Judgo
Zaue's Motion Calendar.

district courtroom on raiufdny as
was the case when court opened this
morning. The seats Get apart for the
use Of the general public were also
nearly all occupied aud The Indications
were that Chief Juelice Zane had
heavy day before him. For the frs,
hour ono member Of the bar after an.
other bobbed up with motion OF some
kind OF other, aud when these had
been got rid VI tho somewhat more
weighiy matters were sprung.
THE wHiTNoRE coNuTMpr.
Attorney Varlan callcl bis honors
attention to tho fact thst the whit
more contempt caso hal been set Tor
hearing this morninf; whercupon
Attorney Arthur Brown suggested
that tho matter DO referred 10 Judge
BaTtch.
Attorney Varian thefeupon 70.
marked that there was very etrious
question involved hero as 10 the
validity Of the decree on which these
contempt proceedings were founded,
ana behind that was the question Oft
COURTS Jurisdiction, when was mat.
ter going to the very giit OF the con.
lroversy. The case had been appealed
~ the ether side this morning, AMI
he suppOIei, Ia due season, they la.
tended TO move the entire proceedings
Into the Territorial Supreme court.
ThlB being one OF the vital points In
the contempt proceedings, It seemed TO
him that there was n great probability
that tue Judge who passed upon the
matter now would be disqualified from
passing upou the case on appeal. Why,
then, should they run sue rick OF
dhquaiiiying another Judge by send.
ing tie case now beiOie Judge BaTtch,
his honor Judge Zane having pre-
vi1usly dealt with the decree In nc.
cDrIauCe with Referee Harfisig fupoft,
Attorney Arthur Brown said, rs iar
as the question Of disqualification
went, lac understood that Judge Iaue
did moi pass upon any'pf these pre-
liminurT questions Rt III and they
never had been before him except as a
Judge Oi the Supreme court. The only
Order made ~ Judge Zane was that
confirming this releresia report, without
any hearing upon IL at MI lie saw 40
reason why that should disqualify his
honor from passing upon thccase when
It next reached the Supreme court.
There were certain reasons, indeed,
why the prtsent matter should 70 DO.
tore Judge Bartch.
Attorney VRrinn-At any rate We
would run the risk, to say the least, Of
difquallfylng Judge Bsrtch.
Judge Zane eout for Judge BRr,ch,
who was NJ the time occupied writing
Supreme court opinions In chamhrrs,
ami asked him N he could hear the
eontemut clse. He RssonieI and
Judge Zane referred Il 10 him, iolling
the attorneys engaged that the hearing
would Ue taken up forthwith In the
other court.
So the parties repaired to the second
court room; but II was then suddenly
discovered that Attorney Arthur
Brown had not turned up. Attorney
John NJ Zane complained because they
were kept waiting,aud Judge Hendef-
son said he would go anu fetch
his colleague out Of JudgeZine's court,
where no had some other business GU
nRnd.
"He's not In the courtroom an.
swered Mr.. Zane In yeNed tone; "he
10 upstairs In the club, getting a
drinkW
Judge Honderson-I'll 20 and look
for him, anyway.
Mr.. Zlne-Well, he isn't In the
courtroom. You had better 40 up.
stairs and you'll find him.
A moment later the subject OF Mr..
Zane'a attack came In with
Judge henderson, aud M he took
his scat he bestowed compassionate
tort Of smile upon Attorney Zane,
without utterlng word.
But Mr. Zane had yet another gTieV.
hnce. There was no clerk at the desk,
and he therefore confessed that be
"neVer saw such nn utter collapse OF
iudicial arrangements as there has bee n
here this morningl"
Deputy.Clerk LOOmis, when notified
that his services were required, In,
slantly came In, bearing n great pile Of
books aud documents, anu start
was about TO be made, when Judge
Bartch ascertained that there was no
bailiii present, and expressed his un-
willingness to go on without
| QIts was ThVNNuMtuF
from the chief Justices court. He de.
clared Judge BaTtch's court In session,
aud everything was made straight.
Attorney Zane proceeded TO state
the case In some detail and when he
had finished, the taking OF testimony
began, VIM. Preston Hardesty being
first called to the witness.stand.
Counsel engaged In the Case are At
tofneys Varian and Zane for tht
plaintiff and Henderson and Brown
Tor the defendant. The facts appeared
In the columns OF the NEWS week
ago, but II may be- well to refresh the
minds OF It's readers.
Some time ago the suit Of l.. A
Scott. Elliot Va George G.. WhitmoTe 81
al was tried before Referee J. IL
Harris. The question Involved wa,
the ownership VI water rights on
Grassy Trail creek, and the Tefero,
fount that the defendants weTo en-
titled 10 sixty.seven one hundred an
fitieths OF a cubic loot per second o
the water aud the plaintiff 10 tn,
balance. This finding WAS confirmed
by Judge Zane, and later w
II. Hatdosty was appointed by tn,
court as "a commissioner 10 take charg,
! Of the matter ana construct n measur
ing box which would spportion thu
waters OF the creek according TO tn,
terms OF the decree. Mr.. Hardest