Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-11
COURT ARGUMENTS INPLESTY.
Kelly is Confident, Knapp is Serene,
Miner is Rheumatic,
AND 4 MILuIANAN TAKES WATER.
A Decision Iust Rendered ordering
thr MARSHAL nnd shsrin 10 Laiorce
the Courts Mandate.


run GAtiSti
s-,-a' Dhnaith 70 ns NEWS
CODES, Utah, April II, ~. M
Ilr ruling Of Judge Miner, which
m.lows. is accepted as defining the
rowor and the authority Of the Ter
rtory. Il was supposed and declared
by many that It was case Tor
which no remedy could be found, but
ltisn.w demonstrate that the court
can s.cp In anu protect tue live aud
pro, city of tue citiz,na Of the Territory.
10 10 believed here by the most
conservative iuuu Of all classes that
there was hut one couisc for the court
To- punuc, aud that was the one clearly
marsrd out by the ruling this alter
noon.
1uE s.P. RfLENrs.
The =. T.. official. state they will
now bow to tho decision Of the court.
lucA.o any Of the Kelley army are
iHuud here tomorrow morning at 10
.faJcl, they will DO promptly placed on
toarj Of s. 4. traius .nd dcpor od from
the Territory.
THE ryAICE COMING HON.
The sal. Lake police Loft Ogden on
ihr a,'0 train tins afternoon over the
u p. Ton home and arc due there at
$3.50.
TuE CJuET's RuLINu.
OGDEN. Apnl n, $3.50 =. m.-Judge
Miner mndo the following verbal rul.
ils 'hi.IfcrroCs: "wen, gentlemen,
have given considerable thought to
tlls case. OF course, | have listened
90 tho Arguments OF the several counsel
who have very ably discussed the
very important question In all It,
flases. have listened with iu.
tgroi anu prof, to all " IT,
thiuE with piont to myself; aud
nlI this Ia ono oi the most lllcult
questions that have ever been called
uron 10 meet. There u bur little
authority directly in point, II any. II
is governed by tho general pin.
Dpirs that may be said 10 be Ap-
O be 10 this class OF cases. There
ara no rttceienis. The court IL
obliged To travel over ROAD which has
never been travelled before TO my
knowledge Al the former hearing,
judge Merritt and myself setting
rRriher, made this order which
10 sought to be amended. We
N uu u, "a We thought, sufficiently
foug to cover the nece.silirs Of the
cHee. II now appears that that orier was
iot compiled with, and that applies.
ton h made 10 amend II by giving
Ne sheriff or mnrshal authority 10
OK eu,c aud enforce the order Of the
uu, provided II IL not complied with
.u "a reasonable tune. | will say that
uucc this motion was made have
Consulted with Chief Justice Merfitl;
thinking Il proper 10 do 30
lrasmuch a. ho sat with tho
curt NJ the former hearing, and tho
dIubt | have had concerning what
order should be male, has been In par,
ulbpelled by consultation with him.
lio takes the view, and W. advises me on
90, that this order should be- GRANTED
ana that the sheriff Or marshal or both
tuOull he authorized 10 execute n. lie
Iut II In the shape Of 40 order, but not
Intended, Of course, gs an order. /
received II simply as advice from him,
o. he was with me IN the Iofmer bear.
TX,
So tho conclusion / have rcgohoi,
although it ls thrOudrd Ia come dOuh',
De- that the motion should be grantee
ana that the marshal aud sheriff
should he called upon g. enforce tht
tlur OF the court As Hnsde, provided 10
not complied with by tomorrow at
10 o'clock.
would gladly have left this matter
l1r tYnlu other court, but the position
h9lI IL nuch that when called upon,
llr court bound 10 act. Hal con-
suited NY own individual private feel
lugs concerning Il aud Influenced by
h'sH yiewH 90 llw that seemed 10 up
hpplionblu aud necrr ary, II might
huve made little difference; hui
Ioublul ne this question has been,
aau solve n, In the light oi the vice
ave had, Only In the way l have in.
Heated.
trust in the execution Of the ord 7
lgi all partieb viii eudeavor g. keen
ihu peace IA every way possible, no
Lat no Injury may resul, g.
~ ono on account OF H.,
nat Is, n the order II not complied