Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-10
ANOTHER GUN FIRED.
Commissioners TallOck and Sherman
Answer Judge Powers.
rHAT"CoyrEssIoSD YESTERDAY


Hhtlous Against sAruCiO
Counly Judges.
When Judge Bar,ch took bio seat ON
The bench Of tho rhiti district court
this morning % dBsautiout note WA
Immediately struck by judge G. ".
Bennett, Of counsel Tor the petitioners
In the Sanpoio election cases. tt was
IN roicroucu 20 tho statement on tho
part Of "lhu Utah Commnsi,uy mado
ia court by Judge PYw,ts yesterday
Afternoon and che obiuo. wna Gu show
that CommIsi0ncB Tulock and
sherman, ,hu Republican mgmbori OF
the Cgmmisi0l, wero not parties
20 all Sac sentiments contained
therein. a counts. statement on
behalf Of and sigagd by tho
two uommisIguUs named having been
read and placed ON record, there FOL.
lowed general liluualon between
the court aud counsel iJr the ruapoc,ivo
pariics, although, a8 will be- seen from
tuu report Of tao proceedings giyou bee
Tow, Judge BatiCh took no present ug.
lion upon tuo mattel
The court room was crowded, Iu
expectation tun. tho case from tho
lnlri pruCiuu. would BIO taken up tull
morning. but Judge Blflch uu-
u1uucy4, Of his own y0liu0u, th,t hes
would not ttgin tho hearing Until 10
a.m, tomorrow, and wllnusi os were &c.
UJIduugiy InstIuct0a ~ DO IN attend.
ancr 90 tuat time.
Ills honor h very busy today pre-.
pluug his opinion on the Suupeto
Catu1, submitted yesterday afternoon,
auu Will render u either tomorrow or
Saturday, morning. The decision 10
nuNlUusly awaited.
Judge CIV, Bonnet arose and said
"Aluy it please the court In the mat.
ter Oi ihu 5nupute cases, anu represent
Ing lsrucially, Tor this purpose, Com
miulJnurs IatiOck nud Sherman, 1
dCairu 90 offer anu have placed ON the
fUCDrd the paper which 1 now hold
lu my hand" Counsel then read tho
isllOwiug:
May u please yOur honor;
Concerning luu statement made by
judge Powers yesterday, the miuoi-
ity Ot thH Commission desire 10 ttatC.
Flut, II tbs statement IL 10 DO takel
only No portion Of tue argument %
Judge Puwere, then make no special
objection 10 H. except wherein tLu
Judge assumes 10 speak for the entire
Commission. Ho mad not been EN-.
pluyuu, anu no proposition lJOKing 10
ais employment has ever been made
before tue Commission.
Second, IL the statement IL 10 be talk
On as nu admission, 0Th confession, or
n contract authorized by tbs C0mmis.
bI1u, the minority desires to state that
they bad no notice 0f any such
action, that although the Commission
was Ia session twice yestcTday-ouco
before aud once after tue confession
was mady--nJ reference was made 10 II
iu any manner anu tho minority had
no EuJw ledge Of II until alter the adj.
lUufnmout VI the court,
Mytsu. Iatlugg and Sherman also
desire 20 rtalU that while they are very
glad tue majority OF thu CummitHlOn
nave az last determined 10 certify the
returns % Sauputu county from the
tally Bheett-a thing that should have
been done over u month agO--thcy
cannot follow the mllUuly iu arriving
at il the conclusions go f1Itn ia tic
u1uiehslyui many OF which are uuiuu.
able. Iuuy especially ueuOuncr and
gopudlatu all inuMatlJu W IusIuuutiDnH
charging, OF attempting 10 ChaT.r, tho
COniussyu Huu admitted fIAuu 20 .h0
negligence Jg lut,luUu 81, sue -buItto
county luIgus They DO, however,
concur IA tue hual lUuU0u %! the con.
fvtaiuu which is given as the personal
opinion uI Judge Powers, aud express
tue bcIlef that the sentiments therein
contained we're the controlling ones
that induced the whole confession.
H.. W, rATL0CE,
uuNr SHERMAN JU.
Judge p0wots, VINO had entered tue
courtroom while Judge Bennett WAS
reading .hu foregoing statement, said
1t is nut Iust 10 mytull anu Just 10 AlT.
Williams 10 my that We did not speak
Tor MI. ratluuK aud Mr.. Sherman. We
spUEo only Tor our clients.
Judge BounolI-NU, you spoke Tor
.he Commission.
Judge POWur.-We spoke ;lr our
uluute, the members Of tie Utah D0m-
missl9u, 1 said, whom We represented.
We DO not propose go come Into court
ami represent anybody Nc are no. en-.
plOyuu by,
Juugo B0nuoll-Well, this statenient
makgs tho record entirely straight.
Attorney John NJ, Zaut-Wu were
not IA court yesterday when that state.
muut wA- made by tho attorneys Tor
tue Defendant, AM 1 understand from
70 that they agree, practically, thaI
Judgment may DO entered Ia tho
5aupBte county cases ordering the writ
OF mandate and ordering Tho Wit VI
prohibition, 10 not that VIVA. your
agreement means:
Attorney H.. l.. WilllamE-No, cir,
not at all.
Judge Zluc-i Understood them TO
state that the Commission agrees TO
Issue tho certificates ON the tally
shretg.
Attorney John NJ. Zane quoted from
that portion OF Ihe statement read by
Judge Powers yesterday buA.ing upon
this point anu yuld tnis showed Hn
agreement 10 judgment being entered
AB before ICitTIeu 10. The Issuing ut
the certificates would be the granting
OF tho prayer OF the petitioners ilr
Wit Oh AgnuGiu ana Tor q VIII. OF
"auJ," continued Mt
Zane, eve now iuslst that Il IL lhu
uuty OF the count, upon this ureu nd
mitsiou right mere In open court, that
this Judgment should bB entered ny tho
agreement OF counsel IN the ease.
Judge BnIlCh-l have taken this
question uuGsr Huvisomuut and l shall
no. mako an order now.