The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-02-06
SENATOR BROWN
Is IN CONTEMPT
He Wants to Appeal From Judge
Halls Decree.
COURT WILL DECIDE TODAY
ATTORNEY Is PLACED UNDER
ARREST AND RELEASED.

Interesting incidents in the progress
os the Brown separate maintenance
case followed so closely one upon an
other yesterday in various parts of the
city. in and out of court. that it was al
most impossible to keep track of them,
and at the same time fully realize the
import of each.
Brown Adjudged in Contempt.
The most important incident of the
day was the declaration of Judge w &.
Hall that the ex-senator was in con-
tempt of court for not paying his wife
alimony, as directed so to do month
ago, and his directing the sheriff to
place the defendant in the county jail
until the $3.50 in question was paid.
The order was afterwards ordered
held in allegiance pending arguments by
the attorneys on both sides on the
right of Senator Brown TO appeal to
the supreme court from an order of the
distriCt court declaring him in con-
tempt of court. After the arguments
had been made Judge Hall announced
that he would take the matter under
advisement until o'clock this after
noon. In the meantime the senator is
! immune from further contempt pro-
| ceedinss.
The incidents of the day began with
/ Jne arrival the CITY carry yCSlcIudy
morning of the senator from his ldano
ranch. He was not accompanied by the
correspondent in the case, whose 81, 500
bond has been declared forfeited.
| A few hours later Judge Hall hand
ed down his decision declaring the SEN
ator in contempt of court, and ordering
| the sheriff to take charge of him until
the $3.50 temporary alimony was paid.
The court, at the same time, overruled
every one of the many motions of the
! defendants to strike out certain ale
cations in the complaint of Mrs
Brown.
/ Awaited Service of Papers.
The attorneys for Senator Brown
asked that they be given five days IN
/ which to prepare an appeal to the SUI
preme court on the. contempt order.
Judge Hall said he must refuse the mo-
ton because ne thought an appeal
could not be taken upon such a find
ing. But to enable the attorneys for
the defendant to present their conten-
tons, he would hear arguments at s
O'Clock Pending the arguments and
the decision of the court. Judge Han
ordered the sheriff to hold his arrest
instructions in abeyance.
From that time until after noon there
was a cessation of anything interesting
in the case. About 2 O'Clock Senator
Brown made his appearance in the
1ClnI COiSCAOQS VI
the orders of Judge Hall, and argued
case in Judge Morse's court room
When he concluded he returned to MS
4 Office to await developments
About that time the contempt papers
were placed in Deputy Sheriff Steele
his way down to the senator's office
to serve them, the attorneys represent
ing the defendant were arguing the
appeal before Judge Hail.
Met the Officer Half Way.
Senator Brown was looking for an
attache of the sheriff's Office. When he
espied Steele walking across the street
towards his Office he walked down to
the foot of the street stairs to greet
him.
II suppose you want me2" said thS
senator to the officer.
Yes, sir" was his reply, as he hand
ed the papers to the senator.
: After looking at them, he said tc
Steele:
Wait a moment, old man. until &c
across the street and get a drink
: While the senator crossed South
State street TO prominent thirst es-
Establishment, Steele stood in the door
way leading up TO Senator Brown:
legal apartments. He was not invited
to accompany the senator.
III When the senator returned. Steele
, was still standing there. The fOrmel
invited the latter to his Office, telling
! him that he desired to phone to th'
: joint building and inform himself re
r garding the arguments then being
: made in his behalf by his attorneys
So together they climbed the stairs
: In the due course of time Judge Hal
was notified that Senator Brown wa
n under arrest. He Immediately Ordere'
f him discharged pending his decision il
t the appeal question.
Lengthy Arguments Made.
The contention of the attorneys 70
Senator Brown, on the question of al
n appeal from judgment of contempt o
court, was that under existing recen
: statutes such an order, entered 70
o failure to pay alimony, was appealable
n whereas a few years ago it would no
: have been: that it was an interlocutor
q order, 10 which exceptions could 3
: taken, the same as any other
: The attorney for Mrs. Brown cite
statutes in contention of the assertio
z that as an interlocutory order it coul
: not be appealed. as the offense com
: mitted was against the dignity of tn
: trial Judge; that the supreme court ha
: no Jurisdiction. That if the order wa
? appealable, Senator Brown could resis
- the payment of temporary alimon
a during the progress OF the case IN 10
: district court by simply taking an ar
. peal every month. when the date fo
~ settlement with his wife came around
y that such due process of law Woul
q defeat the ends of justice; that n
+ temporary alimony could be force
e from the defendant during the trial {
-e the case in the district court, nor unit
10 the supreme court had passed upon tn
e appeal