Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-18
TO TEST THE LAW.
JUG. Merritt Asked 10 Pass on Tho
SpTayInt Statute,
TnnOuGn WRIT OF PROHIBITION
Work Ia the tour,y toiay--A Divorce
suii-Ia,i, Htcpitcrship-Au
Inconsistent n,crCC.


The validity Of the fruit tree spray.
lug law is TO he passed upon Uy Chief
Justice Merritt, proceedings to that
emf having been instituted In the
Third district court today. Tue case
h tina. OF Territorial rressur J. W.
Whitehead Jr.i arrested Tor failing to
spray tgocs. Mr. Whitehead raised
the question ui validity In Justice
HsTvcy's court, taking the ground
that the Law delegates legislative power
To tue probate Judge In the matter OF
liking tue number VI eprHyiu, =, Hnd
therefore was invalid. Justice Harvey
ruled against the treasurer.
The form IN whicn the matter comes
before the district cuuit In on arplics.
ton igf writ Of prohibition, made
To-Day, Mr.. whiluheaIs attorney, Mr.
Hemps,rad, DEED an affidavit settling
forth tue requirement. mude In the
law, the facts Of the applicants arrest,
tue alleged iuyaudry u tue statute.
Aud the claim that the applicant has no
other remedy, since IL 10 prom spd to
luuiBh him Tor dlsfrEatdiug the law.
Upon this apple ton Judge Merritt
iesued an alternative writ OF ptohibi.
ulu, requiring Justice Harvey 10 shtw
WHY hr shuud not ItrpCIually pro-
hbitcd from entertaining the pfuseou-
ton against SIR. Whitehead.
Judge MefFIt tet the date Of return
Of the VIII anu hearing " the case tor
Monday, July 20 Il. Al frat ho wished
II 10 go over uii september, but as the
attorney suggested that arrests under
the law were going right along, an
EARLIER date was nKtd 10 urluimiur the
matter, which Is Of grea, public IN.
tutCst.
A divorce suit was heard by tho
chief justice today. 10 was by Mp.
Auui1 =. Kern against NJ. ID. Kern,
uni divorce was tHkSd uu thr ftluad
Of cruelty. Mo. Kern told how her
husband came nome drunk anu abused
er, End how, when hsr youngest
bate was but eight days OLD she hal 10
leave the house because OF his conduct.
Her mother, Mtt. Suuber, coiroBor.
aIod MH. Kcrn's statement, mi the
decree was granted. Mfs. Kern takes
the two ohi,dJeD, aud tue huso-uu IL
ordered 10 pay go pot month Alimuny.
tho parties were married February II
1891.
The csse OF goo. w. Ludlnw Ut nj vs.
Btnj. Dsvla wia the opportunity u
Considerable chsiteTiuy among lAa-
ysfs, several Of lhrm iAlkiag nj once,
uL'il Judge Merritt closed the show by
calling them g. order This "a tho
Csse where w. h. Lett was made re.
cstyor u the Davis stock OF mefchSn.
disc. The goOus were ordered sold nj
auction, hnd Saturday last Ills were
reported In conft. Further biJg were
received, tciultirR IN J. W. F0I .naA-
ing bid abou, $500 highsr than Cor.
merry, t0day's iguTO being -, 1886.
The court ordered tots bid 10 be &C.
copied.
a peculiar statement wSs made ia
court TO-DAY, affecting n mombsr u tue
bar who hal drawn Up decree IN the
case Of A ndeTtOu vs. CriLohlOw ct al, but
bad made II contrary to the courts
ruling aud had got the Judge to sign L..
Attorney Kahn made tue statement,
saying tuat tho court had ordered a
portion Of the property Ia dispute TO
UBtold, AHd then II the returns we're
lnsuill Clent the remainder WAS 10 bs
taken, Attorney Mckay had been
directed 10 draw up decree In accord
with this doClsiOn, but Instead thereof
hHl mEdu one ordering tho sale OF tho
whole property ON July ~. He had
presented this IN ths court, VINO, be.
Ing assured 1t followed the dscisioB,
had affixed the judicial signature.
Judge Merritt sKamiled tue court
records, and finding ths discrepancy
us alleged, ordered that Mr.. Mckay
bo notified TO appear In cout, at 10 am,
Saturday to have the affair straight
egad out.
Other orders were made by the chief
jusllce az iDllUwi;
g. X. Bllos ~ Go. Va NJ Loohwitz;
driRuItoi deieudnnt and judgment
aslde, at 'hu.ent to stand moAnwhile.
piHlnHi Sven leave 10 file amended
complaint.
Clara Dlckert VS. Ferdinand DlckeEt;
demurrer OyeTTulbI.
BOARD OF Education Of Salt Lake
CITY vs. PaclG, Lumber company;
order made setting aside order referring
cases TO j, NJ. BIwmau.