Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-28
TIE COURTSTODAY
m, IniustrIllIsls Eow Apply 10
Chief jusliCs Merritt
TO MODIFY THE INJUNCTION
And allow Them 10 Pass On-Counly
Court aud Other
Matters.

induslrialists now detained near the
junction city, waited patiently in
Chief Justice Merritps court greater
paH VI the morning for an opportunity
q, make application 10 his honor for q
modification Of tho Injunction granted
lat week, iorbiijing the iuIusirlslls,s
10 enter Davis county, tt was 1890
when the nfsi opportunity came, just
as the court was about to adjourn Tor
luncheon. The Judge declined to hear
tho ma,icr then, however, but promised
tohkoit up at O'Clock OF a. soon
thereafter az convenient.
Another DAY USED or.
Chle' Justice Merritt resumed the
uulof hearing VI the equity case OF
Gr1 r. Culmrr ". Francis y. Clu,
utaL, ami the taking ot testimony has
gone On 90 DAY.
WILL CLOSE down..
Cuioi Justice Merritt announced this
morning that uplu tho conclusion Of
iHr cHar now on trial in biz court
CuImpf Va. Cli't-it waB his intention
1 i1urn until after tho ensuing aua.
Zion Of the Territorial Supreme Court,
which opens next Monday. la tbs
Interval his Honor Will nll up the
time writing opinions. Al that same
occupation Judge Barich has been busy
siuuU bis return nom Beaver.
IoDAy'8 COUNTY COURT.
Owing 10 the autencs Of Probate
Judge Bair from the city tho throu
county scitcimpn were lett 10 them.
selves 10 transact tue business at this
dny's session Of the county court. 10
was getting on tor n O'Clock when tue
ball was On. tolIiug by Srloctmnu Ca.
buln being called upon 10 preside, anu
the reading VI tho minutes Of tnU pre-
y.UuH meeting.
COuuty Trca'urer Lynn reported
that there are iuuds Ia hand 90 pay all
isf'fiufud county warrants az TO No.
800.
a petition was read from n number
~ laHphytrs ana property owners In
3 10 Lake county asking that Second
Wet sircut, between Twelfth aud
Thirteenth south, lo graded nnd
riuftlti. Referred 10 the Seiectmcu.
Fhh ami Game Commission
tho year ending Aunl !, 1924, Il
showed that uo.wrru June lln nnd
November 2ifd, 1893. thir,etn arrests
were made, tue fiurs aud costs realizing
IN al, $40 %. One doirudaut was dis.
charged aud ono sentence auspendej.
The Huu OF so was paid In rewards
uufiuR TIE year; and the each paid
out was &lui. The CImmiBHionrr asked
tust turn COM ousau0n DO granted
hun Tor his services us the board may
determine.
lhis afternoon tho case was again
called up by Judge Rhodes. lie rccll.
I'd the facts which led W 10 tho grant.
lug u the Injunction by Judge Merritt
pointing out that there hnd been no
summons Issued upon the parties IN
thiH matter and that the statute wAs
against iho Issuance Of an Injunction Of
this Kim. There had bUcn served upon
tho defendants no order 20 show
cnusti Tor on the face of the
document 10 was judgment Of
the court. IL could be- nothing
else, anu the statute was directly pro.
libitOry Of that condition, Tho police
l. this city, SINE thirty or forty Ia
uumbof, aud thifiy,fvo or forty men
claiming 20 bu deputy mammals armed
with Winchuslofsi aud each policeman
wearing formidable ruyOlycTs, had
taken p1ssCssion Of the highway where
30 passed from WeIrr Into Davis
county; whether No required 60 carry
out tue order VI this court he could not
cay. such a condition Of affairs now
existed thvTe that no respectable uitigsn
u Weber county could pass the line.
aud Tor that reason the good citizens VI
Weber had desired him on their behalf
10 appear here anu Ask that the injunc.
lion order ho vacated. ~ thucase now
stood It was utterly impossible for the
defendants 10 come hvrvi IL would cost
them their life.
Judge Msrritt--Tho court Is no.
rcspOnF lhln for that Ia any way.
Jud. RhOder, continuing, said that
the process 0f tuis court was being
phused, TO the Glsctedit Of tho court ANA
the people OF this Territory. Last
night, he added, n respectable citizen
u Weber county was pulled from his
horse by the utilcers, Kicked, taken
tack over the line aud told 10 10 homo.
All this was done under the process Of
law which was not objected 10 the
police OF Salt Lake, nor 10 the marshal
nor tho sheriff. Tue defendants would
Ike hearing by this court. The
ueutiOn itseli, upon which the order
had been Issued, YVES subject 10 dc.
mufrer, for several reasons. There
might he, n necessary, a restraining
order Issued, aud d day fixed Tor the
hearing to show cause.
Judge H0ge replied on behalf Of the
plaluuiis, aud while admitting tnst
mistake had been made la nos issuing
summons, he urged that by now pot.
ting Themselves into oOurt they
had admitted the detect which II
was claimed existed. II the officers
had gone beyond their duty they could
lo held personally responsible Tor any
injury done 10 any Individual.
Attorney Arthur Brown followed on
the same side aud INDUCED Ia some
exceedingly strong language con.
uemnatufy " the c0mmOnweal army
aud IT, ways, He polluted out that
That body had been completely organ.
l4td, anu was bent upon mischief
while marching over the coun-
.fy go mot merely as Migrants,
9ul going from house 10 house
m force and demanding food without
hhor. They proposed 20 set aside the
principles VI the Constitution OF the
Uniicu States. 10 was "vagrancy COZ.
ceivtd by rascala and backed up by
criminal lawyers" These men meant
menaceand threat; they meant 70 DO
Ieu aud not TO W0rGj they were not
mere muudicanis uud Migrants, az
Judge Rhodes would have people