Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-03-09
THE DISTRICT COURT.
JUDGE MERRITT HAS 50 DECIDED.



Jay aai s Irregular custom On Sa,ur-
dayE Tor tlo disposal Il motions, etc.
Tue judge began nis mjrning's work
ny rendering opinions on cases
previously submitted TO him.
iocmL ]. 70, ousIED.
In the uai.s of tle p,lp.o We. Pstor
L.ohr.. lus.ios 20, tle pesos, arglsd
last Saturday, sac locisi3n OF the count
Vac az follow.
In this Gaze defendant was appointed
ani glHIma lH Diii,s uuu thU i.ht 10
hut a' Justice To-, tar PEACE by vlfiuu
10 600 iHupWiug resolution " -
county UJuu Ul Salt Lake county,
Jlau.
"Nherel' 10 upgoErs to the county
tluil tIat the public good requires tnat
lLtie uc GA additional Iususr OF tho
lr,cr in auI l9i Csc FItu precinct Of
SAT- Lake N,iy uuI county,
"iic 10 resolved, lual Petor LdclFia
Dc nud uo ia hereby appointed au nId.-
I0nal Justice OF tnc pcac, in nud Tor
aaii ti..h salt LhEs CITY precinct"
Which appointment plainun con-
iuuiu is Illegal anu void and NOT
nu.I.uz,d ny any valid law, aud that
lr..Huaut should DO OustuJ from tald
.nicy.
H.e.ion l0l, Com. Laws Of Utah,
is'5i pagu 200. rr1yi1eG "Each pre-
cue. iu tniH lo,ui0fy shall elect one
Jiaucu .i tine puhcl aud one constable,
Hui the lauiu may be- increased ia any
ITrrluct ly tbc county court, whenever
ihry email deem that the public good TO-
Iuig-u IL" Aud under thii provision
900" county cyutt passBl the above TtHo-
Do ton.
10 10 commended Fret. That thI,
section is invalid W. ueiug "a
delegation Of Legislative power.
rucuul-lhat " not invalid the
only authority conferred upon tho
county court thofguy b power 10 create
gu additional 0nlco OF Justicu OF tho
peace In any precinct, which IL 10 bu
illlud IN the usual manner By an elcc-
tlOu. Ihltd-lhHt the language Of ths
resolution (C0uoodinl the authority OF
the court 10 create the oiilcul h. nut
sulll.eut Tor that purpose, out IL
direct attempt b appoint he defendant
10 an onou which had never been
created.
His honor reviewed the acts Of tho
legislature anu legal authorities on the
sublpct and proceeded;
Tested BY these rules, Il would seem,
nnd / nm tnuIu'ore obliged 10 hold,
lhht tald act uf tho legislature 10 il-
valid ~ being delegation Of leRisla-
tive power.
. Ana this disposea alsU Of the SEQ.
uud contention.
q, But even though the act be held
VhIlli hnl ihni the county court was
thereby cmpuwotcd 20 create such adj
diti1uai ill'ts asit might deem proper,
or .ur the putlic good, yet tho defend.
hut o. 10 30 better position, because tho
r,sOluu0u Of The county court does not
attempt Go create tue office or 10 pro.
vile for uu election 90 till thu same, but
simply appoints tue defendant Justice
OF the peace, assuming that tue statute
authorizes tuca appointment Ana
such appointment iuln violation OF thu
laws Of Cougrrs., which provide that
OH justices Hhhll he elected. See.
1850, Rev. -t, u. =. Il Laws U. IS, ..
65J
Defendant further contends that tho
act a CuuggUbs which provides thEt
the lvsCD msy be- filled by election Or
appointment, In such manner As has
been or may bee provided ty tho logis.
lature u Laws U. IS 10 p. Dl) author
ICES ms appointment. But IA tubs 1
cannot concur rhe act Of Congress
whs simply intended 10 authorize an
appointment on the legislature 10 pro.
viue1) 10 ilIl gu actual vauAuuy Ia an
lllle which had previously had
IA iucumbuut,nul cannot be construed
TO permit the uiilCe o. 0e changed from
an elective % En app0intlyo one.
O'Laary VI Adler 81 Mls-..-S, y. 23)
AMI no election iOr tue UniCB (eyun
u uvld ~ have boon Clualol) having
been held 20 the time provided by law,
no o.autl0u 10 h.l 70 Gan b8 held 90
tine not 81 provided.
Tue People etc, VI Chu;Ch, o Gales,
ami both houses Of CJugrrss have 10.
pvslolly held % The same effect.
am therefore VI the opinion and 90
decide that defendant II unlawIulIy
holding The oilCs IN question, ana tlut
ho DO uus,el uua cEuuiud tnersitom;
anu that hu pay the coats VI this action,
not DONE WITH, uRouAnlY.
IL Was understood that the u.atler
would BOO called up again some time
this afternoon, on the application ui
LochTie's attorney Tor an appeal.
AwiFE's SUIT FOR DIVORCE.
Tho divorce suig Of Annie 81. Green
W Walter 10. Green WAS takun up, tlu
gruuUd being desetliOu,
ruu marriage took place at Park
cry on October rs, 1856, the plAinuil's
lgaiden name having been Annie ~.
Porter There ure two children, boys,
aged respectively seven aud hye ycaTs.
Mrs. green s.aJci that her husband
deserted her Ia March, 1893, ami Le
mas not since boon heard OL No all
mony was asked Tor, uud after iistuu-
ing 10 uorTuuoIatiyu testimony Judge
Merritt granted the decree rs prayed.
Thomas Kane was the plaluu1's al.
toruey.
ron IuE PLAINTIFFS.
I'm tho cusu Jt tho Uuln Pacific
Coal Go, vs. W. $. Simpkus, heretofore
submitted, the court now rendered
iOr Inc plaintiff.
A SUPPLEMENTAL COMPLAINT.
In the case Of Gilbert ID. Amos vs. s.
NJ. Green 81 al, submitted last week,
leave was given to hlo supplemental
complaint
GENERAL ORDERS.
l.. p. Ellison W tho RIO Grande
Continued Oh Page FIvs,J