Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-05
JUSTICES ARE ON
THE WAR PATH.
BoxeIder County Law Administra-
tors Petition Supreme Court
DON'T LIKE CERTl0RARIES.
Claim that Attorney Rieey II. Jones
Has Served Writs Until They
Have Become a "Terror.n

Nephi p. Anderson, justice of the
peace for Brigham City, elias Jensen
and c. NJ. Squires, elected to similar
positions in Boxelder precinct, are en-
barrassed and harassed with writs Of
certiorarles from the First district
court, and they want It stopped.
In petition addressed TO Chief JUS
tlce Bartch, Justices Miner and Baskin,
dated Brigham City, December 30, 1893,
and received by Clerk Palmer today,
they present their grievances as fol-
lows,
"Sirs:-We the undersigned justices
Of the peace, in and for Brigham city
and Boxelder precinct, beg leave to
call you honors' attention TO an embar-
rassment that beset out courts in the
line OF certioraries which are served on
us by one Ricy II. Jones, attorney,
when decisions adverse to his interest
are rendered.
we admit that we are not lawyers
and that we know but little about the
technicallties OF the law. When we
accepted oui Offices we accepted them
as gifts from the people, and arc ever
trying 10 serve them and adiudicate
their minor difficulties according 10 our
best Judgment. None know better
than your honors that the Office OF JUS
tioe OF the peace is not remunerative,
but when 10 this Is added the harass-
ing by INSCRIPTIONS attorneys by writs
of certioraries from higher courts,
thereby putting them TO expense and
trouble the situation becomes well nigh
unbearable.
BECOMES A TERROR.
we are well aware that our actions
must ever be open to review by higher
courts. but when three justices out OF
four are served by writ Of certorarios
by one and the same attorney, within
one year, Il becomes a terror, and Il
appears that something Is wrong In
two cases out Of such three the said
Ricy H. Jones was himself defendant
For reasons best known TO himself he
does not appeal from our decisions, but
fotifes himself by writ OF certioraries.
TOLD TO BE FAIR.
1--WE understand that Judge Hart has
instructed the members Of the bar 10 be
fair with the justices, and II Is only
Justice to say that none Of them serve
us like the said Ricy H. Jones does
I'VE do not know If II Is In the power
OF your honors 10 relieve our situation;
but II II Is we respectfully ask that you
give such instructions TO the Judge Of
this judicial district as you deem prop
or In the case" Here follows the sig
natures OF the Justices, after which the
following note, signed by Mr.. Anderson,
Is added 10 the petition:
William Horsley the fourth justice
OF this city. Boxelder precinct. is under
a writ Of certiorar; but he expects TO
leave for Europe In few days. and
prefers not to sign this petition under
the circumstances
The petition was presented 10 the
members OF the Supreme court this af-
ternoon, but IL is not believed that any
action will be taken for the reason that
there IL some doubt as to whether the
court can take cognizance Of the matter
as presented.
CERTiORARI DEFINED.
For the benefit OF those who do not
know what wit OF certiorari means, II
might be well 10 state that 1t IL proc
ess which issues from a superior court
20 an inferior court, commanding the
latter to return the records OF a cause
pending before II 10 the superior
court for review.