Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-04
THIRD PRECINCT.
A CONTINUANCE Is GRANTED.
The Counsel for the Utah Commission
Made the Applicailon--Other
court News.

at ten O'Clock this morning there was a
large attendance, 10 anticipation Of the
taking up, as per previous arrange.
ment, of the Third precinct election
case, known by the title VI John
Henry Smith W J. H. Letcher et al,
I'm other words tao members u the
Utah Comniasion) Tue hearing IL on
an alternative writ Of mandate anu au
alternative WI Of prohibition.
OF counsel eogaged In the con.
troversy two only were preset - Judge
Miner MS representing the petitioner
and Attorney 4. l.. Williams on the
part Of the Commission.
This mornings proceedings were,
however, u brief duration. Attorney
Williams ne, broke tho silence by AZ
plying for continuance. lIo re-
marked that, by previous stipulation,
the Box Elder and Weber county cases
were 10 abide the decision Ia tho
5anpeto case. The law on those case
must be- determinativc Of tho Third
precinct case. Whatever the hual de-
termination " the Supreme Court
might Uu iu regard 10 tue dulles OF the
Utah COmmislUn, that ruling would
have 20 10 fliOwod In all me cAses.
Hence Il seemed T. MIN uBulttB TO take
~ the time OF the court, counsel, wit.
nsssus anu AitO TO Incur needless tx
ponsu by Proceeding with the rnirI
precinct case at this time. For that
reason he asked that continuance be
had. Counsel assumed that thu
Supreme Count wOuiI render Its de-
olslou in tho case already submitted on
the 2Jfu lust, aud II II weru then held
that tue Commission had 20 power to
at ~ a canvassiug uOari aud { go
ihto the ballot boxes under any oif-
cumtlaucou, tnnt woull end this rhifu
precinct case, the hearing VI which, u
now prOeorued win, would occupy
some uays.
Judge Miner said his colleagues
wetg nUt present now, but would be "
lu ussu were % be- called up nj, cay,
II o'clock rney weg, quite prepared,
on the pant ~ le pruuOnvr, 10 pro-
coed viii tue hearing. IL WINS im.
uUitant that II 10 taken Up without
lufthvr delay, inasmucn as II was but
D GhUrt time from now until the date
fixed for the Conoiitutiolal COuvcn.
ton. The case previously went over
az the request Oi tue dtiondantsi
counsel; tins Incurred an expense; anu
now the witneants were again Ia nj.
tendance. Thefc a. pyatud ~ him to be-
some doubt Wh,tuUt tue supreme court
would render lie uociHiUn On February
23rd, their honofs being "oyetTun with
businets." Judge Miner said, Ia con.
ciusior! "a stipulation WIS mage ~
counsel on the other side when thu
matter was last up here, upon which
10 was expected that cortincAtss would
be Issued Ia tho other caset; but
that has not been yet compiled with.O
MI Willisms-l regret TO take away
from counsel ON the other side the en-.
joyment OF doubts and ioars; but have
sbtsI I him, and desire 10 say 10
this oJu t-as II 10 being continually
itorateu AMI reiterated that these Com.
miteionere are engaged ln bad faith
that mud my associate counsel are
responsible for what has been done.
It was stated In court, irrespective OF
the determination Of the 5hnpolo case,
that they had concluded, 40 ia
a. tho Commissioners are all c1u-
cerned, b. issue the ceftlficatrs
IN that cast, without reference TO the
ballot. That appucs 20 Sanpele anu
not o. any other case, uud that pf0p0.
sition Ia going 10 be strictly and felig.
iously maintained. ruis case involves,
legally, an inquiry that other CAGES nre
dependent upon. The gentlemen ifom
Sanpete VIII feel, perhaps, little mote
NJ ease u sAy low, aud roltBrate, that
they viii gtt thuir ocrtifca, 10 Tar ~
the Utah Commission IL concerned,
The trial " thiH cnso now would dc.
teTmine nothing, because say with all
fraukunes that We believe Wo are
right upon the law In this matter, AMI
we feel likr staying by that unlil the
court " last resort here snail deter.
mine IL. II We are cong We viii uow
with great o1rdisl g. 10 the decision vi
thst court. II this utsu su0ui proceed
lime Of the court wasted aud
n useless expense iluuTraI-aud the
dec sion should be- against ", nuca..
sRrily We would appeal, believing ve
are entitled 90 have cur view T inc
lawial least, passed upon In the la. .4sf.
court.
Judge BRrtch said he could not on.
terrain the application made uulfss |
council came 10 satisfactory hgfsp. |
nient among themselves, and therefore
the matter might 10 over until two
o'clock 10 enable them TO confer 70.
yether.
a tpgy Willlams-rhon we will |
go make an arrangement.
Judge bartch remarked that n |
counsel could come 10 some arrange |
nenL II would DO satisfactory To tus |
SQUIRT.
Thus the matter ended.
When the matter was called IN At |
p. M, judge Hendsrson, on behalf |
u the Commission, objected to the case |
being heard until tue SupTano court |
lad determined the Sanpete caFes. on |
he ground that It would be "a wholly |
iseiees waste Of time.N
Attorney Ogden Hilea, Of eounsel
or petitioner, was willing that tbs
,ase 20 over until Fer. g5th. He fled |
supplemental aill IAvit by the ps A.
Toner aud this date was fixed as
greed TO.
ASKS TO HE fxOUsEp.
Attorney ", II. Dickson, on behalf
u ThOma5 kearns, who had bsnn
ummOued to serve M u petit Juror
.urlug the ensuing term OF court
.sked that that gentleman be excused
,r, kearns, ne sali, was surerinter-
irl Il the silver King mine, wher-
upwards Of one hunuted men were M
his me uuai'y engaged IN deyslop.
neut work, winch required his con.
tAnt presence.
ANOTHER REQUEST.