Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-05-12

THIS
Has the law really gone into effect.
and are the people upon whom these
summons served required to acknowl-
edge them1'
Some of the justices are Of the opln-
lon that tho law n not yet IN force be-
cause u has not been published. while
others arr of the opinion thet the law II
In force and that the fact that lt'ls on
fle In the once Of the secretary of
state demonstrates that it IL published.
a "Ncwe'' reporter called on Sccrc-
tary Hammond today and asked him
when In his opinion the law was TO 10
Into effect. The secretary said;
"'rh- law would have gone into 81
feet the sth ~ this month. but not be-
ing published II will not take effect
until Il ~ published"
when asked when the law would be
published Mr. Hammond said that he
could not say definitely. but the con-
tract called for its delivery on May the
iat.
cone more question. Mr.. Hammond.
what In yuur opinion constitutes publl-
cation aa contemplated by iayf'
II take H." said the secretary, that
a certified copy published In the papers.
or In pamphlet would he AN official
publication"
when the query was put a. 20 wheth-
or the summons that had been issued
under the new law were legal or not
Mr.. Hammond said. - could not say.
~ To that. that II n matter for the
courts 10 determine"
The reporter then called on the JUS
tees and asked for their opinions anent
the matter. This IL what they said.
JUSTICE PARDEE.
Justice J. u. pnrdec Of the First pre-
clnct. said. CONSTITUTION provides
that 'aii acts shall be officially pub
lishcd. and no net shall take effect un-
I'll 10 published. nor until sixty days
after the adjournment Of the Legisia-
turc.
80 long. therefore. az the acts u tho
last legislature have not as yet been
officially published. they can not take
effect, even though the sixty day
limit has expired Tor the double condi-
tlon must be- satisfied, that ~ the
acts must be- officially published aA
well ~ the sixty days must expire hc-
fore the laws can take effect think
the official publication would be In the
papers by the authority and direction
u the secretary OF state"
JUSTICE soMMERs.
Mr.. sommcr Of the second prcclnc,
says he has been known for years az
being pr'Judiccd against the Ho-cailcd
collection agencies ana associations.
aud declares ho haa never yet taken
their business. lie Haidi II have II.
sued som. summons under the new Law
othcrn were Issued By attorneys and
also aiRncd by myself IA justice. Agar
other summons have been Issued by at,
turncyn since May 9Th. hut have mol
yet been nied. 1 think that either way
II correct and proper and legal. Thli
u an Important law and one Of whloi
tho last Legislature may we'll be proud
Of II gives the people who are aues
chance 10 no 10 court and from N,
records 81 such courts Ind out whhl
they arr sued for-ln place Of bcini
summoned a. appear before som,
collection agency. I think when n Law
" n great boon a. community ant
especially of great b,neft 10 tho manael
VI the poor people. that the sooner I
goes into effect the better
"Df course II IN "a well known fact tina
laws are not Ia eject until printed an,
published and II In deplorablc that tn
laws are not yet out In book form. TIL
authorities who had the printing o.
these laws In their charge should hnvi
looked after " u little closer. Where tn
fault Hes I do not know-probably. to-
much politics However have seen
printed copy 81 this law In tho shape O
leaf torn from the coming new Law
book" hnd-woll. l have taken Iudlcia
notice thereof.
zone fault u the old law IN regard /,
summons IN this have had pcopi
come tn me. and especially women VIII
were sued ana asking me what tn
'charg. was against them wa
Obliged 90 tell them that aa q com
| plaint had not been filed against then
I was lust a. Ignorant In regard TO IN
nature OF the suit M they were them
selves. These people simply. had sum
mons seryedtD on them bearing M
name and I was entirely ignorant u I
and even powerlesa 10 stop the poopi
using my summons. II u "a blessinl
that this kind OF proceeding has bcei
stopped"
This new law II further 20 the ~
/ feet that the summons must contain IN
/ ElHt OF the action brought. the amount
| etc. and the hest OF all the complain
must be- MED with the Justice and IN
| Justice must endorse thereon the dat
/ Of Ming. etc"
JUSTICE NELSON,
Justice Nelson OF the Third precinct
when interviewed On the subject aaii
II have made careful study OF IN
law bearing upon this question, In or
! der 10 satisfy myself na to what WOull
be the proper course 10 pursue In vicg
| NJ the change that the law provides
/ And l have come To the conclusion tina
the law az passed by tho last Lgglsla
ture In regard to the issuing of sum
mons by tho justice courts has not u
yet cnine into eject, for the rcnao
that the law authorizes said change
regarding summons, has not been pub
llfhcd by the secretary Of state"
When uskod az tn what In his opln
Ton would b. the result 81 the issuln
" summons by the justices at this tim
Mr.. Nelson said,
In my opinion they are nun an
void. ana the defendant would hnv
tho right To make motion before IN
court To have such service quashc1
The only proper method IN my opinio
would be- Tor the attorneys To pursu
the old course until the law IN pub
llrhed.
Justice lSroeEor ~ the Fourth pr,
oinct expressed himself nH follows;
think that u N clear that the law
enacted by the last Legislature are nc