Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-11
The ELECTION CASES
CounSaPS Talk Alter Hearing judge
BlfiCh'S Decision.
now 1nE MATTER NOW STANDS.
Tho Third Precinct Ease has Gonl
over Until Monday, fcbru.
ary tih.

40 soon no Judge Bartch hal con.
cludel tne rendering OF his cxhuusuva
opiulon ia The election claes from San.
luio county, verbatim repor. o.
which i8 given iu thls days issuo Of
The NEws--a Dialogue, the nuhailuce uf
wuicn HUpeaH below, eusuod between
court ana counsel
A lgrncy John rs. Zauo aras, AMI
sniu lust lt might bee supposed that ,uo
attorneys Tor tue ttlatJr rIucurfrI n
one Of tho statements made in tho
opinion 90 the effect that nll the casts
heiu pending were % Go controlled by
lho decision OF Jaw Boa tsu SGurule
county cusrs, DO now desired % state
lhht tue stipulation hUrriI.lto entered
Into before this court expressly showed
! luni ihn Third precinct cl.r was rx.
copied from any tuch uptuymuut, any
such UNDERSTANDING.
judge BArtch answered that be him.
tClf uli not fo uuIUUiaud ii
hlr. Lhut--Weil Iris the iuc'. Ev.
ety u0uy Too tue case 90 UNDERSTOOD TO-
! moan hy That tue attorneys and oI
The court
Juagu Hino said this was not the
I Csut. of last resort, uuu u they went
/ 10 tue Supreme court they iiI uHt want
/ % 90 tu "a question OF law alone, but
upon tho law uul the yylIs ace.
Judge buuch stated ina, boo uni not
| c0usilrfti tuu question OF facts hero.
! That was iu.t uyuu. He had simply
decided the legal question under tnp
statute.
Attorney Ogden Hllr8 rusgested that
I the Iriiuuuv'H C.uusrl nov nave lalvu
| 20 reserve 800 exception 20 tho ruling OF
| tue court denying tuc writ % pg0uiui.
/ ton aud hereafter 10 present the nul.
iugs upon them,
Judge Powers observed that the
| court mad granted the vrIt OF mandate,
| commanding thu Commission TO PRO.
coed % issue the cCrulcatps, us prayed
'of. That being TO-, What, ha asked,
! I'D tho other side want with
/ the writ VI prohibition No..
! body on his slide was going T.
take advantage Of any trick. any inap
! luignCuI or anything OF that kind.
| Iuuy were nctiug iu perfect good faith,
az the uitima'U rrsult would show.
Attorney hIlts-We are also acting
/ iu good faith, tut We want u RECORD,
that 10 all. suppose this application
/ Tot a writ Of mandate h appealed o.
the Supreme court aud this court
tuoull DO reversed, We want slll tho
| protection Of this proceeding ny pro-
! hiUlliou, aud Ia order 10 have this we
! must take our exception 90 the ruling
Of this court aud ask 10 have made tue
! nndiugs on tho questions " TACT which
arose Ia tho prohibition case. lnis We
40 as n matter Of prrcRutlon. ! assume
| that the judgment NJ tula court Will DO
| affirmed by the Supreme court. / viii
Undertake 10 deIcHd h in any court Ia
/ the wOril. But as a matter % ptAau.
] ton tho rulatlr Wishes % have tho
/ record here Su made that Ia The event
OF our being wrong wo would havo
/ protection.
Judge Powers said to that counsel
Ior the defendants mai no objection.
| They 0uly wanted what was
| fair aud luHl. Further they
| made no question that Mt. HilcB had
/ confidence both iu tliB court aud In
| tho SIIrtme court. Indeed he was
/ g'u1 mat ouu attorney on the other
| sue still had confidence In the iudi,
! clury-unliku tAu gentleman who
| rusiurIny declared his want al COnn-
/ deuCe IA toe Supreme Court VI tho
! Territory, aud in contempt Of court
/ in1iuugted against It's honesty aud
/ fairness aud declared that everyone
know what the decision ot that BODY
| would DO, constituted az itis.
Mr.. Williams said that while tho
/ law, as laid down by the court, would
! VI Necessity govern tnu Third precinct
ease, d. was true that council had
/ agreed that that precinct should DO
accepted from tho stipulation that had
| been made.
Judge zaue-G want tho Court 10
understand that tAo Third precinct Is
not governed by iUIs case.
JuI4U Barlgg-NOt at all, 1 am
ready 10 proceed with that oLss n0w.
Mr.. HInu-DOes the Court decide
that the writ u prohibition dOus NOT
llu because the U.un COmmlsaiUu has
undertaken 90 ig.uo tho certificates OF
uluC.iOa9 / would ike the Court 10
Indicate that distinctly.
Juigc Bartch replied thntho had &C.
| copied the statement % that effect as
| having been made In ROou iaith. The
Court, lao said, nov held mat the
Commission uad NO rlghtto go iuto the
| ballot boxes under any circumstances,
and no guuiUd the writ of mauiute.
Judge Hinu-Will the Count allow
! iuliu,8 go both cases.
Judge Bat,ch-Icl.
IL was understood that these would
! bu prepared aud submitted by counsel
within day rtwU.
A discussion then ensuod no
10 tho hearing Of the Third
| precinct case. Attorney John
NJ, Zane sali the petitioners couusel
had "a mAss OF testimony 10 Otler ana
could not possibly finish thuir case by
| tomorrow sight, and as the Supreme
court met On Monday upXg, iho asked
that tho case DO continued until sOmu
/ other day, He uid not want oaly
part Of the testimony 10 20 In ana then
10 have the case adjourned. When 1t
was taken up BIO deslfed 10 30 ahead
with 10.
Judge Powers thought the case, az
no viewed Il, could DO disposed 0t 10
couple OF hours, Tor the reason tuat he
would object 10 The Introduction Of trg.
timony not pertinent under this dvCis-
ION, and hu Hakel that it be- taken up ut
O4cU; but Judge BRrtCh eventually de-
UIuuu u continue the hearing until
Monday, February iih, ON which uaIe,
at lUa. M, oil witnesses were requested
D