The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-01

Provo, June 30.--There was new
question raised in the district court
yesterday afternoon. and one which vii
be of interest to every attorney and
every municipality in the state. The
question was precipitated by Attorney
4. d. Cash, who was entered as an at
torney in the case Of Spanish Fork City
VS.. RockhilI, VINO is charged with keep
ing his saloon open cn Sunday contrary
to the ordinance of said city The de-
PENDANT was found guilty by the jury
hearing the case, and was brought into
court TO receive his sentence, when Mr.,
Cash moved for new trial on The
grounds that the case had been started
In the name of Spanish Fork CITY, in
Etead of in the name OF the state OF
Utah" He then read sec. Is, article g,
of the constitution Of the state of Utah,
which is as follows:
''The style Of all process shall be THE
State of Utah and all prosecutions
EhaI be conducted in the name and by
the authority of the same"
He argued that as an exception had
been taken to the introduction OF testi-
mOny in this case on the grounds
named, and as it was apparent from
the reading of the law that process
should be in the name Of the state, the
court erred in admitting evidence into
the case, ana therefore asked InaL a
new trial be granted.
This was resisted by William Greer
and Jacob Evans, attorneys for Spanish
Fork, who argued that the meaning of
this constitutional provision was that
the process was simply 10 be headed
state of Utah." instead of Territory
OF Utah." and that the old law as TO
who was to he plaintiff in the action
would obtain, whereupOn the judge
overruled the motion for a new trial,
and RoclIhin was called forward for
sentence.
Mr.. Cash then moved for an arrest of
judgment. and cited authorities to show
that his position was not unusual. In
MaXWells criminal proceedings, page
20, it is shown that the state Of Ne
braska, acting on a similar provision
of their constitution, ordered that all
prosecutions should be begun in the
name of the state, which was borne out
by cases cited in the Wisconsin reports,
which made all process void which was
not so commenced.
At this stage Judge Dusenberry con-
cluded that there might be something
in the point raised, and stated that he
would like some time TO investigate the
matter. and ordered thai the defendant
appear July Z, 81 10 o'clock. when a rul-
ing on the motion would be made.
DISTRICT COURT.
J. v. Whitaker VS.. Joseph Harmer;
plaintiff granted leave to amend COM
plant, and case came to trial by a
jury. This is suit for damages insti-
tuted to recover S200, because of the
defendant flooding the plaintiffs land.
Parties to the action live near Spring
vile; case is still on trial.
Joseph Pueblo was called up for SEN
tence, having been convicted of assault
upon the person of Annie Olsen, at
Salem. Before sentence a statement
was made by County Attorney King
that the defendant was instrumental in
furnishing the evidence upon which GER
tain persons were apprehended of at
tempted jail delivery. The court recos-
niZed this service TO the state and SEN
fenced the prisoner TO pay a fine of SEQ,
in default of which he would be con-
fined in the county Jail for a term Of
$50 days.
Among the arrivals at the Roberts
House are Hon. .. w. Powers, II. J.
Dininny, Roger w. Powers, Joseph Ire
loar, ]. H. Brown ami NJ. BIxley, all of
Sall Lake.
James H. Bacon is down from Salt
Lake to look after some real estate
sales in which he is interested.
Barley Ferguson was in attendance
al the district court today.
Mr.. and Mrs. B. F. Fleiner have re-
turned from their Nebraska trip.
John w. Swensen, who is a graduate
of the Stanford university of California,
IS visiting in Provo and collecteg bOtan-
zeal specimens in the mountains near
by.
Il is expected that the game of base
ball to be played between rrovo and
Salt Lake next Saturday afternoon will
be very exciting one.