Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-07
Trial Of a Suit Brought Against
Salt Lake County, for sl70'
SOME AMUSING FEATURES.
Second Precinct Justice Declares He
VIII Have His Rees Regardless
OF Consequence.

There was quite an array Of precinct
justices and legal talent lined up IN
JuCge Cherry's court this morning, the
occasion requiring their presence being
trim OF the issues between Morris
sommer, justice Of the peace IN and FOR
the Second precinct, and Salt Lake
county. Plaintiff was represented by
d. n. straup and Joseph Lippman and
the defendant by County Attorney Put
nam, and his assistants, Ray Van Colt
and w. 7. Gunter
This suit was brought by Sommer to
recover from the county the sum Of Sis
and interest alleged to be due as fees
for the issuance Of 1856 witness and
Juror certificates between January g.
1897, and September 7, 1889
Justice sommer contends that In Is
suing these certificates, the law allows
him 25 cents on each, as well as % cents
for administering oaths, The question
for decision is whether these fees are
properly chargeable to the county.
Justice sommer says they are, and de-
clares he will stand up for his rights
regardless OF the consequences. M
Plaintiff says he presented an Item
lied account OF the fees TO the board
of county commissioners, and the claim
was rejected.
Justice Sommer thereupon brought
suit against the county in Justice Par
dee's court and got judgment for the
full amount Of his claim. For the pur-
pose OF testing the question the county
prosecuted an appeal and the case was
reached today.
The county contends that Justice
Sommers items are barred under the
act OF 1896, the chapter relied on being
an act to establish uniform system OF
county government, also that he is
barred BY the statute Of Limitations
For a further defense 1t is commended
that he has been paid his fees In each
OF the cases OF which he claims fees In
the present suit, that he accepted a
warrant and gave a receipt In full for
his services in each case. and that
thereupon he Is now estopped from
making any further claim.
GOOD FOR FORTY YEARS.
Todays trial was extremely funny
and afforded no end Of amusement to
those In attendance. Justice Sommer
was the first witness called and the
following is a portion OF the opening
dialogue between the plaintiff and At
torney Straup:
Attorney straup-Your name please.
Plalnun-Morris Sommer.
You are the same Morris Sommer
who was Justice OF the Second precinct
In 1872"
'"The same Some men change every
seven years, so vaccinationists say, but
there's no chatge about me, | can as
sure you"f (Laughter)
you We're justice in 1882"
Yes sir"
In 1892"
Yes sir"
I'm 1902"
Yes sir"
"ln -"
I'm 1901? Yes SIR, and for forty years
longer than that If | want to be-" loud
laughter)
Judge Cherry-I suppose that Is con-
ditional upon the theory that you will
have no higher ambition?"
Plaintiff guess so.
Attorney straup, continuing
You have resided in Salt Lake dur
ing all these years, have your
yes sir; except when l went TO Den
yer. More laughter)
INTERPRETED THE LAW.
T,,etf.. G,r,,,c. ,,.,. 49,. ,,.,,..t.,ra
on his claim against the county, its re-
lection by the county commissioners,
and was proceeding 10 give his ideas Of
the law on the question, when Attorney
Guater interrupted the witness, and
said Il object, your honor to any in
terpretation Of the law by this witness
Plaintlf-No, because you know my
Interpretation OF the law correct and
sound.
Gunter--1 withdraw the objection.
Counsel for plaintiff called the other
justices for the purpose Of showing that
they had never received fees on any
certificates. The defense put in no tes-
timony.
At 4 o'clock arguments were con-
eluded and Judge Cherry immediate
ly rendered his decision, disallowlng all
claims prior to 1897, for the reason that
the law did not then provide for such
fees. on the claims prior TO September,
1885 the court held they were barred
By the statute OF limitations on
claims filed after September, 1895. the
court allowed. The fees since then
amounted TO S2S, and Sommer got judg-
ment for this amount as well as his
costs.