The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-21

field.
The "bacc" did most of the work in
the matter of rendering decisions, the
fact of the matter being that while
David looks judicial, acts judicial and
talks judicial. ne is not judicial at all.
Perhaps. however, this was due to the
fact that Mr.. Sutherland had informed
kim he was "a simple ministerial officer
and couldn't act judicially if he wanted
to.
Mansfield's protest called out a great
many of the Citizen Reformers. p"
There was Chairman John T. Game and
his son, one of the notaries public. Rob
ert Patrick occupied the sofa, together
with Notary Ritter, and the twain man
Tested great interest in the affair. Ma
thaniel Y. Jones appeared as associate
to Counsel George Sutherland and in
terjected bright sayings into the pro-
ceedings when conversation Jagged and
the reading of the decision of the su-
preme court Of Colorado became tire
some. S. p. Armstrong, Esq, appeared
as counsel for Mansfield.
Arthur pratt played the role of an
Interested spectator to perfection. His
presence was good, his carriage perfect
and what he had to say was delivered
with an ease which showed familiarity
With the lines. The most cautious dra-
matte critic could not have found fault
with his rendition, and had the New
Grand theatre had a company playing
as we'll as he did, there would have
been no reason for closing the house.
Mr. Sutherland came into the annex
to the recorders Office with a look of
determination and volume 81 of the
Pacific Reporter. He let go of the lat
ter several times, but never relaxed on
the former
Mr. Reiser, as parliamentary, read the
protest, Whereupon Mr.. Emery was
about to ask the defendants to state
whether they pleaded guilty or not
guilty. but was cut off by Sutherland,
who said something about being ready.
Mr.. Armstrong asked the recorder if
he had 5ubpoenaed any of the witnesses
asked for by Mr.. Mansfield and re-
ceiVed a negative which vas as prompt
and decisive as though it had been shot
from a cannon.
Mr. Armstrong then volunteered the
suggestion if the recorder was author
lied 20 hear a witness, he was also
competent to compel the attendance.
( This was rot d case where witnesses
we're expected to come without being
notified.
Mr.. Emery declared ne thought the
witnesses would come themselves.
Then MI Armstrong said he would
like a continuance until o'clock. IN
order that the recorder might send out
| for the witnesses asked for by Mr.
/ Mansfield.
This being a f1rst-class opportunity
for obJecung, Mr.. Sutherland proceeded
| to earn portion of his fee by making
o.se.
He was there, ne said all ready to
/ go ahead, and if there was anything
! to offer, would be pleased TO sit and
/ listen to it and cross-eXan1ine after
/ wards.
| Mr.. Armstrong suggested that MIR
! Mansfield had filed q protest against
/ the ticket and had asked the recorde!
/ to summon witnesses. If the recorder
( had not done that the protest was fo1
! uaught. Mr.. Mansfield did not have
! power to go out and compel the at
! tendance o. witnesses. It is the duty
( of the officer sitting in judgment &c
/ get the witnesses
J Mr.. Sutherland again made objec-
/ ton. He declared the recorder had nc
/ right to pass upon anything except as
( to matters of form. In support OF TINS
/ he read a decision from the CODY OF
the Pacific Reporter, the same being
the decision Of the Colorado supreme
court. Ii was a long decision, but some
way it interested the Citizen Reform
ers. - who listened with rapt attention
! hung UPON every word. George SWar
came = at this juncture and wa:
( speechless with admiration.
Mr.. Sutherland's deductions were:
l. That the protest cut no ice IN tina
the recorder was a ministerial ana no
a judicial officer.
2. Because the certificates were am
pie, even if all the allegations Of tnt
protest were sustained
& That the recorder has no authorit!
to go into the politics Of the signers
because the recorder Wasn't coInpeten
to Judge. (This was agreed TO Wtthou
further discussion).
4. That the recorder had no power Il
determine facts.
:. That he couldn't if ne had.
Armstrong then made an argumen
in favor of the sunmoning of witnesse
and declared that according to Sutner
land a man could file forged certin
cate and nothing could be done abou
it.
Sutherland pleaded guilty.
Then the two attorneys and Jone
and Ritter talked. Some of the specta
didn't say anything was Emery. II
played the part Of the Sphinx to per
Finally he said he didn't believe h
had tine right to summon witnesses
DO l understand that you refuse
asked Mansfield.
Dave didn't say, but reiterated n
hadn't the power.
Mansfield wanted it entered ON tn
record.
Then ensued a funny scene. Elmer
had decided he hadn't power 10 sum
mon witnesses and the counsel for bot
sides generally admitted he had nc
power to administer oaths in that con
nectiou.' but ne permitted the three nc
taries to go on and make eX part
statements.
Mr.. Ritter questioned by MANSFIELD
said he didn't see all the signers sig
. and he visited" them after they Ia
and they owned the signatures q
theirs. He swore them all. He coul
not remember one, and was ceftai
that James Anderson was not seen b
him lie saw his father
MI Game made an explanation, g
cd the other notary, and then Elmer
: announced ne would take the matte
: under consideration until this morn
ing at 10 O'Clock. And as the -peoD
read this his think tank is still wori
ing TIE protest VIII not be SUSTAINED
E1nery's course all through Shove
he was timid at offending the n1r
partigans and would have rather bee
: out Of il.
Young Master Reiser rendered hi
. yeoman service several times by il
terogating witnesses and demonstrate
that as a quesucner he is really T
sEouch. The questions, however, d
: tended in one direction.
q; Thus ends the story of the protest