Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-02
]. n. ZANE SHUT OUT.
The Supreme Court Refuses 10 Hear
Him 10 Argument,
BECAUSE OF MS PREVIOUS TALK


IL was not oil smooth sailing In tho
Supreme Courtroom this morning. Ono
high wavo came unexpectedly aud
wished Attorney John NJ. Zano and
his little boat to shore.
Tho Judges were listening TO legal
arguments In the election caser. At
tofney Farley l.. williams had Nm.
ishod bis opening remarks just before
high noou, having urged all no possi.
bly, could on the part Of the Utah
Commission, o. appellants; aud then
It was that Attorney John NJ. Zane, Of
counsel for the respondents, metaphofi.
cally rolled up his sleeves Pre-.
paratory TO launching cut Blt
he was not Tor many seconds
upon his feet. Mr.. Zane mad said some.
thing, ca pdisaHt, derogatory to their
honors when the case was before Judge
BarIch IN tho lover court, and they
could not forget It now. II was upon
this that the prlsf dialogue was spun.
Counsel had got only ~ lar a. tao
words, "May II please the court, "whcn
he wts Interrupted by Chief Justice
Merit, VINO sail:
"BoiOro you proceed, Mr.. Zane, I
wish 81 state that the court has inioI-
nation that thu following statement
WAS made by you (rcading from loco!
newspaper Of January llthg
They desire 10 get this case into
the Supreme court freed from tue load
OF odium which has been cast upon u
by these frauds auu fOrgorlts upon tho
returns. / am free 10 say that II this
case goes mp Ia this manner there ia
little doubt what the Supreme courl,
constituted as II Il, would 10 about tue
question:
n"l am requested by the court (con.
tnucd the chief iustioel 70 ask WheInor
you made thht statemcut2N
Attorney Zane (deliberntely)-At
this time and NJ this hour 1 must d.
cline to answer your question.
Judge MerritI-rhen you need not
proceed.
Attorney Zano-I take an exception
and would like 10 state my exception
upon the record.
Judge Merrill-Take your seat.
Attorney Lane-DOcs your hOuo- dc.
cline ~ allow mo 10 take my exeep-
ton.
We decline TO hear you at all. You
may state your exception In writing
ana ME i vita the cierk.
MT. Zane needed no further admOni.
lion TO "8it down." Ho resumed his
seat, but moment later walked out OF
The courtroom and into Clerk Dunbat's
onlce, took up pom ana paper and
dashed of the following exceptions,
which he lost mo time In Ming with
Clerk Baoho Ia accordance with the
COURTS suggestion;
In the Supreme Court Of Utah Ter.
fitoty' j. ID. Page, respondent, VI j,
H. Lttoher 81 al, appellants. Man
dnmuH casej Prohibition case. The
court having upon the opening Of the
argument VI John NJ. Zane, attorney
fJr J. ID. Page. respondent, asked the
said John NJ, Zane whether or not "A
certain article published In the Salt
Lake daily Tribune was authorized by
himself, anu the said John Nj. Zane
having declined 90 answer tho said
question: aud the c5uIt having Re-.
fused TO permit the said John NJ.
n ine TO state his exception, but
having permitted him 10 put bis eX-
cepiion In writing, he comes now anu
assigns as error aud objects aud ex.
oepss 10 the said ruling Rud acIion VI
the court for the reasons
1. That the said court mas no right TO
ask The n'ld Zane ~ answer the said
question iIr tne reason that his answer
thereto might tend 10 expose him TO a
proceeding either fjr contempt or Tor
the imposition of a penalty, ami there.
fore the said John NJ. H,ne Is protected
by well-settlud constitutional pTinol-
Piles and by the adjudicati0ns Of courts
from answering the said question.
., That the present occasion IL
neither the proper time, nor the proper
place. for any proceeding based upon
the alleged article.
3, That the H,iI John NJ. Zane, by
arrangement bttwteu Tho counsel for
the respondent, was Gea ned and pre-.
paEsu { make the opening argument
In favor o. the respondent aud the
action Oi tue court places the rosponu-
cut Mt disadvantage anu has tend
ency 70 prejudice his rights.
I. Flually, ou,buhalf OF himself the
said John 81. Zane deH.rss 10 protest
respectfully, but flrmly, against the &C.
tiuu ui tho court, Tor The reason
thst 10 has a tendency tUibtsifsre with
the Independence ol the bar, 70 Mace
the bar Ia subsaryirnce to the court.
ani to destroy the jurt cInildsncp ui
iitigSuu In Teyiug upon q f.arlasH
advocacy OF their rights iu courts u
Law. JoHN 81. ZANE.
For tue dependent.
Daring the balance If tho session
the offending attorney rs; with his
pDllpnVupH. and Yhlla tnkiug a., t.,.t