Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-07-06
A PECULIAR HISTORY
Legal Progress OF tho RtlstoTmakef,
Tribune Appeal.
LOWER JUDGMENT IS REVERSED
Do orpata'Ion rr The sunbeam Cou,
Iol.daIed Iuins C,mpauy-pa.
ellie Iced NIl Co

Judge Street handed down an opin,
igu .n the supreme court today In the
appeal of Amos Fens,efmaker hgsius
the Tribune Publishing compsny. IN,
opinion tovsnts the judgment OF the
lower court aud the case IL remAnded
back with instructions 10 gran, new
trial and with permission 10 amend
piua iuss " dcslrei.
rHis case was originally heard IL
the supreme court Of the Territory u
Uah on the oh Jay Of June, 1895,
Chioi Justice Merritt and justices
King and Smith sitting at tue hear.
log. Pending the decision OF the
court Justice Smith died. rhs origi.
nal opinion Of the court was written
by Justice King aud delivered aud filed
0u December -, 1895. Chief Justlcu
Merritt did not concur In the opinion
except in ~ far as to concur In The
judgment Of reversal. a motion Tor
feneating was duly made on behalf OF
the respondent Cue rribuuel to tho
supreme court II the State Of Utah,
The territorial form " government
having In the meantime merged into
tho present government under tho
Constitution Of the State Of Utah.
When the motion came up for rehesf.
iug IL was found that all OF the Judges
1plhr Supreme court we're difqualinud
20 ~ IA tue cause, Chief Justice ZAEu
anu Chief Justice Miner having been
uf council Ia tho case and Justice
Bartch having tried the case Ia tho
lower court
IL is,provided by the Consultation Of
Utah, Article win, Section ., that ut
q Justice Of the Supreme court shall be
disqualified from sitting In n cause be-
lore said court, the femsiniug judges
shall call ditislct Judge 10 sit with
them otho hearing Of such causc.D
Inc Historically unique position VI
this case, IN presenting disqualification
Of all the Judges OF the Supftmo court,
bt coming known 10 the iirst Logisla-
turr, u Inserted In the act providing
ior the organization OF the supreme
court part Of stc,ion Intended TO
meet tue emergency. The clause Ia rs
iOilowg
"lf all the justices are disqualified
lhu coun shall call In lhtes District
| Judges % hear tho oause,'
As adding Htill further g. the histori.
cal Interest Of tho case, Judge Htlcs,
one o.. tue three district Judges Tor the
tuitl Judicial district, was also dis.
qusihgI, having been OF counsel In
1ne cast. In Consequence, tue Su.
pttmu court GALE upon Judge h. V.
Higgins " the Fiuh Judicial district,
Judge Le GTauI Young and Judge
street OF the Inird district TO set upon
tue motion for feheATing aud 10 suUse.
quent proceedings In the cause Ia tho
supreme court,
such In tho peculiar legal history OF
the case. The JUDGMENT Of the lower
court was again,t Fonslcrmaker. Ths
tuit WAS brought TO obtain damages foi
tho publication Of alleged libelous mat.
lrf against the plaintiff by the
Tribune, IN the story Of cruel treat
ment OF n girl ~ the FunstefmASsr
people on their ranch IN Tooele
county.
Judge Higgins concufted In the
oplni.n Of Judge Street, while Judge
lie Grand Young, VINO sat NJ Judge IN
the htaflng OF the case, resigned before
the opinion was delivered.