Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-29
The ULTIMATUM.
WhltmOFa Must Comply With tha
Courts Order or Go 10 Prison.
so JUDGE DARICn DECIDED.
That BOX VIII Have to br Replaced. -
Tho Defendants Attorneys VIII
Appeal TO the Supreme Court

AZ soon as Judge Barlch had taken
his seat in the Third District Court
this morning ho asked whether coun.
sci had anything to say In regard 10
the sentence which he now proposed
topass upon George q. whiimoro for
contempt.
Attorney Narlan (iot the plainun,
LA. Scott tlllott) moved the court 'or
lite contideralion-to enter coorcivo
order, not In terms To require any par.
tcular act to bo performed by tho de.
PENDANT, but calling upon him to 70.
irain from a continuous diversion Of
tho water In accordance with the
language II this decree. The court might
Impose n fine for the ccntempt
and also direct that the defendant DO
imprisoned until he complied with tho
COURTS order and " this romedy were
not applied the plaiutiir would be-
practically without protection, In the
event Of its turniny cut that his c,un.
tel could iuHpcnd the operation Of tho
cnutpe judgment by an appeal. After
the decree was entered the defendant
hulliiiei the sane by putting tue
properly In question into the same
condition In which II existed six or
seven years ugO, when the original
SUIT was commenced. lie then np.
pualed, and the authorities seemed TO
hold that the operation OF the decree
was % maintain "a status a. ~ existed
at the time Of taxing the np.
peal, 30 the Defendant mlaht
simuly pay n fino, take the case into
the Supreme count, AMI then the lower
court would not have Jurisdiction over
the subject matter. Counsel thought,
also, ~ an Incident, that this court had
the power 10 Impose the costa OF tho
| proceeding n II was 10 be treated M n
/ specific criminal proceeding, the gen.
oral statute Of tne Territory providing
| that In ali casCs where u ine was I'm.
| posed the costs might be also.
Judge Honicrspn, Ia reply, said the
complaint or counsel uu tue other side
was that the duionuant was about 10
appeal, Htd they nsked the court h
"stfanglv" the Defendant down In such
a way that he should loss the
/ benefit oi that appeal. The defendant
was brought there under specific
statute Tor an alleged contempt In
| civil case, anu his counsel hAd taken
| proc eedinge 10 test the decree Of the
| court IN n way In which an appeal
would not test Il. The court had already
iOund, NJ q matter OF fact. that there
were eXternuating clrcumsta nces here,
aud hence his Honor should not accept
the Invitation OF Mr.. Varlan 10 under.
take 10 prevent Whitmore from getting
the benefit Of an appeal Ia the main
cas-.
Judge Bartch-i take It that the
/ & utt cannot 80 outside Of the bro.
cctdings In contempt In passing judg.
ment The statute prescri6es tho
remedy, or punlsumsnt, aud therefore
the judgment Of this court IL that the
de rnuRnt restore the box that hs has
removed, In accordance with the dc.
cies; AMI that he be- committed until
the order 10 complied with.
Judge Heudufson--Ws have pre-
purod "a statement to put into tho
record In this matter--l statement Of
what has transpifed, to be made part
( OF the record. IL In here now, ready to
sim, including the opinion OF the
court, and excepting only this iudg-
mtnt which has now been pronounced.
Judge Bnuch, niter hearing some re-
maTke from Mr.. Varisn, told counsel
to meet him In chambers nj 1880 and he
would then determine whether or not
ho would sign the bill Of exceptions.
Mr.. Whitmore who was present, was
allowed TO 20 free on his continuing
bond until that time.
After listening to the arguments Of
counsel this afternoon his honor took
the matter under advisement TIL to-
/ morrow morning.