The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-01

cult Of the district of Utah and the
United States district court were held
simultaneously yesterday morning IN
this city, Judge John A. Marshall pre-
siding over both In the absence OF
Judge Caldwell. circuit Judge, the Uni
ted States district Judge, Judge Mar
shall, is clothed with all the powers
of the former.
The occasion of the organizing OF
these courts in the state Of Utah was
quite interesting and was witnessed
by about forty members of the bar
and goodly number of the general
public P c. Williams. c. W. Bennett,
H. P. Henderson, A. T. Schroeder, II.
s. Richards, w. H. King, 0. w: POW
ers, M L. Ritchie and G. K. Gllchrlst,
members of the United States supreme
court bar, were present and assisted IN
the organization.
COURT OPENS.
Promptly at 10 o'clock, in the old
territorial supreme court room IN the
Dolly block, the court was opened by
Rule Letcher. who has been appointed
court crier. Judge Marshall then pre-
scented his commission as United States
district judge for the district OF utah;
bearing date of February 4, 1896, and
signed (by Grover Cleveland as presl-
dent of the United States, and Judson
Harmon, attorney-general
The appointment of Jerrold X. Let
cher as clerk of both courts was an
nounced and his bond in the sum OF
$780, 900 for each appointment approved,
the suretfes being j. W. Stout, j. l..
Rawlins and r. G. Chambers.
Judge John W. Judd. United States
district attorney, and w. L. Maginnls,
assistant district attorney, presented
their oatfls of office, which were hled.
UNITED STATES COMMISSIONERS.
The court then announced appoint
ments of persons to act as United
States circuit court commissioners as
follows: H. B. Twomey. Salt Lake;
Thomas J. Maloney, Ogden; j. T. NC
Connell. Vernal w. P. Sargent. Pan
guitch: J. F. Tolton,, Beaver; and as
jury commissioner, John Z. Cutler'
Salt Lake.
The court commissioners are empoW-
cred to receive information and preside
over preliminary hearings in crlmlnal
cases with the usual powers of com
hitting magistrates. They also nave
limited civil jurisdiction. The duty VI
the Jury commissioner is. with the
clerk of the courts, to select SUI names
from which the panels are drawn pc
fore each of the two terms OF court IN
April and November.
The court appointed P. L. Williams
T G. Sutherland and c. S. Varlan as
a committee to draft rules and regu-
lations for the government OF poth
courts.
ADMISSIONS TO THE BAR.
,.,,,od .++oroavc were
admitted to the bar of this court on
their certificates of membership of the
har of the state supreme court:
Frank Pierce, A r. Haywood, Elmer
B. Jones, James A Williams. Jonathan
G Rovle. D. n. Straup, P. j. DAILY,
c, F.. Loufborow, Robert Hardness,
H. e. Booth, e. o. Lee, j. F. Richards,
Andrew Howat, William Bradley, N
w. Sonnedecker, S. H. Lewis. j. G..
GRAY. FL. Van Pelt and Charles Bald
win.
A. r. Haywood counsel for the plain
tiff in the suit of Wells, Fargo d Co. ct
al. VS.. Simmons Hardware company, OF
st. Louis, asked that e. e. Stewart be
made a party defendant and it was
so ordered.
Judge Marshall announced that he
would hold sessions of the court every
Monday until the opening of the reg
ular term of the court on the f1r5t
Monday in April.
Court adjourned until Monday next.
COURT FILINGS.
The following filings were made in
the Office of Clerk Letcher: In the fore
closure suit of the American Loan &
Trust company VS.. the oregon Short
Line & Utah Northern Railway COM
pany the plaintiffs filed a reply TO the
answer OF the defendant as follows:
The replication of the above named
plaintiff to the answer of the above
named defendant. This replicant.
saving and reserving to itself all and
all manner of advantages of exception
which may be had and taken to the
manifold errors, uncertainties and in
sufficiencies of the answer of said
defendant. for replication thereunto.
Sayeth that it does and will ever main
tain and prove its said bill to be true,
certain and sufficient in the law to be
answered unto by said defendant and
that the answer of said defendant is
very uncertain, evasive and insuffici-
emit into the law to be replied unto by
this replicant; without that, that any
other matter or thing in the said an
swer contained material or effectual in
the law to be replied unto, confessed
or avoided. traversed or denied, is
true: all which matters and things
replicant is ready to aver maintain
and prove as this honorable court shall
direct. and humbly as in and by its
said bill it has already prayed
Story and Thorndyke, Bennett and
Bradley are solicitors for plaintiff and
G. w. Bennett is counsel to them
DEMURRER ENTERED.
A demurrer to complaint in interven-
ton in the case of the American Loan
and Trust company VS.. the Oregon
Short Line and Utah Northern Rail-
way company. defendant, and James
M. Ham and Oliver Ames, second, in
tervening defendants, was also filed
The plaintiff by protestation, not con-
Tossing or acknowledging all or any of
the matters and things in the said
pleading or complaint of intervention
of defendants, doth demur thereto and
for cause of demurrer showeth that:
The said intervening defendants have
not in and by said complaint of inter-
vention made or stated such cause as
doth entitle them to the relief thereby
sought or any part of the relief thereby
sought and prayed for against this
plaintiff; that the defendants have not
shown any right, title or interest to
the subject matter of the plaintiff
bill; that the intervening defendants
are not necessary or proper. parties TO
the cause; wherefore the plaintiff de-
mands whether it shall be compelled to
make any further or other answer to
said complaint in intervention, or to
any of the matter and things therein
contained and that the rIaintiH NAV