Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-16
CONTINUED MN rage on,)
THE SUPREME COURT.

o." This petition diI not even ~.
that the Oruur be set aside. ami ra.,,.
tel further insisted that this spplIc,,i.n
should have been made bsipr. H.
fund was ever uiHiritutrd. Mr.. ur,,,,,'
he snid, hnd waited until that ma
had been all paid out, oxucpt the renis
OF the real estate, which C5ngre.s bs,i
directed should DO held tiu Tie hlrfb.,
order nj the court
Attorney II, \. Rirhnrda roIutpi ,rt
thnt neither the uennuprts nos tn.
receiver had been yet heard here. ME
order OF the court having been eptrr.t
Of record, some notice must be- tsts1
0i ", and he did not uldprstapd maj
my one could now come ia and oy,,.
ride Il. While admitting that the ts.
ucivur had n right 20 employ cyups,i
iu fact u was bic duty to do 40 In .r,
important cnsu-ML RiChnrIsgb.rrv.I
That tno court would, VI c1ufsp. do.
trfmiLu what legal Ecryicns were mao.
vstnfy and proper under the circpp,.
Htancce, aud allow cImrpuaniiYp 49,.
uDrliurly. In thH raap "A a.
reared from the ttclrIa OF u'r
court that the receiver had n.
counsel T.. l.. Williams. Gsorgo X
Peters aud Mr.. Brown, and be al
not know who else. When the cpurf
fufmrrly uiHullowoI this claim Of tbe
petitioner 10 had right 10 c,psId.r
whether tue employment OF Nh
Blown was necessary and pfBrsfIy
cuarguablu 10 the fund. The pfesiimI.
ton was that their h0uors itd allow
what they deemed TfUuUr. Itdii moi
necessarily follow because petitioner
was employed by the receiver and per.
formed certain services, that therefore
De ehould be paid out VI this fund. Ii
proper allowance uaI already been
made Tor council, he thought thls
court Wuulu not disturb tho formef
action % tho Supreme Court.
AIN hih closing reply, MI Brown con.
tended that hC huu proceeded correctly
~ ding a petition in this court. Il
was after MI Peters resigned. hs said.
that hb was employed by tho Intp no.
crivor lie c0ufled tue fullest iuyesii
gallon Of this matter they could u1l
open 70 TOO Wide Tor him. "Couuapl
has said thorn 10 no money in tnr
treasury now viii settle tnat when
We gtt tns order"
Tho court took the case under nd.
visUmout.
ROY WRIGHT.
AZ the last term OF tue ghirI district
court a youth named Roy Wuybt
was convicted OF stealing d birygIp.
valued ut $40, tho pr0prrIy of
bhviu 7. Edwards, aud souloncoI 10
eighteen months Iu tlo peniteutlary.
An appeal was taken TO THE court by
his attorney, IA. A.. Booth, the main |
rrouud being iusuniuicucy Of evidence |
Go Justly the verdict, aud this morning |
counsel on both slides arguri the mat.
lvf Assistant District Attorney Rich. |
atds representing lhc prosecution.
The court t1ok the case under al. /
visumvut,
DR. HAsnRDuCll's APPEAL.
THIS afternoon the case VI the Poo.
PIE W Richard Hasbrjuck, appellant,
D. under argument,
On May 6th, 1904, a complaint was
Med Ia Commissioner putps court /
charging tue appellant with (unlaw.
iullyl pructlcing medicine withouthny.
lug met obtained q certificate from The
hoard Of medical examiners OF Utah
Territory. A hearing was subsequently, |
hau ana ihU CUtnmiHsiuuuT Imposed n /
Tue OF $50 and costs, tne latter amount.
ing 10 Sll, Au appeal was taken 10
ne Third district court anu the case
heard before Judge II, ". Smith on
an agreed statement OF facts, after the
overriding OF the demurrer, which set
forth, fret, that the complaint did not
slate iRctH sufficient TO constitute pub.
lie OfUnap;segUuu, because the statute un.
der which the prosecution was brought
was unconstitutional aud ia excess Of
legislative power conferred upon the
Legislature by the laws OF the United
States.
The district court endorsed the find.
Ing Of tho u. b. commissioner, aud
from this judgment DR.. HnsbfOucG
appeals TO this court.
Among the assignments OF error Il Is
not forth that the court erred Ia nud.
my the defendant guilty as charged Ina
he complaint on the agreed statement
vi facts, because neither lf these fecilDu
Tho doing OF any act that constituted d
cflmo under the definition OF the
crime gwen ~ sali act; alec ain hold
log that the board was legally appoint.
I'd in the absence u concurrence OF
council, anu not until more than
i've months after vacancy occurred,
.n face ~ the statute creating the
board, which provides that the gov.
srnorshall by nud with the advice aud
consent OF council appoint, aud that all
vacancies shall he filled within one
month from the time that the vacancy
.hall occur"
The prosecution Is represented by d
District Attorney Judd aud Assistant /
District Attorney Howag Judge j. 10.
Cochran anu Attorney La Grand
H0ung arc council Tor the appellant
n rs ALLOWED.
At Monday session OF court 70 was &
lated that tn sum OF s., 1850 Ia eG- d
'rss u the amount (sl,OOUl which Re- I
'elyer WlndUr was previously author
zsi TO UxpeuI upon repairs TO the {
iario House nau been lhii out by d
aim. The report OF the receiver was \
resented 20 their hOnOrs AMI referred, q
ogeihor with all the vouchers fOf tho q
work done, TO Clerk j. Il. BaCho to eX- d
anime anu report. 4
This morning Mr.. BnChB reported d
hat he found everything correct AMI v
no court thereupOn approved the re-
llrt aud allowed the extra oXpUndi-
ufe.
RuLINus.
In the case Of q. o. Whittomore, az. (,
.ollaui, We Thomas H., Cope 81 al :
Third distriCt-Judge 3. a. MeTTittl,
he motion TO dlsmiss was oyerrulDd, N
In the case OF John Elliott W. john =
iastian ut MI, lliward Austin and \
William T. Tipping, appellants (FHI y
istfict--Judgo ii. W. smith,, the l.
notion 10 strike same from the calendar