The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-02-21
COURTS
DIGNITY UPHELD
Interesting Case Decided by
District Judge at POcateIIO.
FIGHT OVER POWER PLANT
POLICE DEPARTMENT WILL BE
INVESTIGATED.

liS point OF law mas been decided by
Judge Bulge Of the district court in
the UNFOLDING of the police courts dig
nifty. a few weeks ago suit was tried
before Judge Knowles, who is the 20
lice judge Of this city. wherein a couple
Of men were charged with stealing coal
! from the railroad. During the trial the
attorneys. AIessrs. Cummings and Gu
heen. becoming heated (not by the coal
under dispute, however, but over a
point that Lawyer Cummings brought
uD 10 have a change OF venue after the
jury Of prominent citizens had been
summoned and had left their places of
business to decide the matter. The at
torneys came 10 blows and during the
struggle overturned the table-of the
Judge, split his ink and barked his
Shins. The police who were present
/ quelled the disturbance and after or
Ger was restored, the judge imposed
fine of SlG0 on each of the offenders
and sentenced them 10 one day in jail.
Lawyer Cummings not producing the
money was committed to the county
/ jail and was released on the filing Of
an appeal from the order of the court,
holding him in contempt and imposing
the fine and Jail sentence therefore,
buT did not perfect il until ne had spent
/ the greater part Of the DAY in Jail This
appeal was argued before the district
court on Feb 8 on a motion 10 dismiss
and this motion was by the court sus-
tanned and the appeal dismissed and
AIR. Cummings ordered iato the custody
| Of the sheriff for the execution of the
! judgment of the lower court The next
day MIR. Cummings fled a petition for a
| writ of habeas corpus, attacking the
jurisdiction Of the police judge IN such
~ az "a \ 4 II
10 and L, and submitted to the court
Judge Bulge dismissed the petition for
writ of habeas corpus. sustained the
Judgment Of Police Magistrate Knowles
and remanded Mr.. Cummings to the
custody Of the sheriff for the execution
Of Judge Knowles sentence of one day
in jail and fine OF 800 for contempt
of court, and his order committing him
| to jail until said fine was paid At
torney Gray presented the case for the
state and Attorneys Newton and Boyd
for Mr.. Cummings.
Electric Power Fight.
Mr.. Upper of the defunct Bridge
! Upper American Falls Power & Light
company comes ont in the press Of this
/ city and accuses Mr.. Marshall, the re-
ceiver of the aforesaid company, and
J the American Fails Water Power q
/ Light company with wTOngfully using
the wires and transformers Of the de
funct company. Mr.. Upper, il will be
remembered, had. with others, under
the name of the American Falls Water
Power company, a franchise, the same
as the American Falls Power & Light
company had. The last named company
fulfilled their franchise and brought the
power from the falls and gave the city
excellent light and power, while the
/ detunct company failed to bring the
/ power as agreed upon with the city
council, and IN place thereof, erected
Q small steam plant within the cor
porate limits Of the city. This plant
J being conducted for some time in de-
tianCe OF the city authorities. Finally
I the Bridge-TuppeF company went into
/ The hands of a receiver and Mr. a.
Marshall, one of the most reputable
4 business men Of the city, was appointed
( by the court as receiver. Now Mr..
/ Upper intimates that the people have
put their foot down on competition in
( electric light and power, simply be-
/ cause he was not allowed to run a small
plant without authority
City Council Meeting.
At the last meeting Of the city coun-
/ ell it was decided to have the police
/ investigation held before the police
/ committee of the council in place Of
/ timOny is to be taken by the COMMITTEES
/ and by it submitted TO the council
/ at a special meeting to be held on Sat-
| uTday evening Councilman Lane. who
/ is one of the police committee, stated
! that by going into the hands of the
| committee the matter was finally
/ killed, but that there was possibility
! OF two reports being received, a ma
| jority and a minority report. II is to
! be hoped that this matter of police in
1 vestigatiOn viii be settled one way or
the other If the police are guilty by
| all means let it be known, and if they
l are innocent let if likewise be known.
/ Charges have been preferred and
/ should either be proved or disproved.
! The people of the town want the mat
! ter settled without fear or favor and
/ would like to have the matter over be-
/ fore the city election in April. The
/ purity of the city government should
be the first desire of everyone and we
! believe the citizens want to know
! whether the police force is corrupt or
Court Notes.
/ Among some Of the business Of the
/ district court that has just closed here
/ is the naturalization Of one Eugenio
J Fernando. one Of sunny Italy's children,
I to the proud honor Of becoming an
/ American citizen. The National Bank
OF the Republic was given a Judgment
! for the amount of its claim against
/ MoIIie and +. w Wxum. In the case
| OF Henry Lish VS.. II. Q. Hardness, a
decree was entered giving Mr.. HaTk-
/ ness 200 inches of water of Bob Smith
/ creek, especially that part known as
( Crystal springs. Mr.. Lish was decreed
the balance of the stream, 160 inches.
/ This is a decision i'm favor Of the de-
! PENDANT. The injunction in the case Of
/ Hiilyard & Moorehead Us. Meacham et
al. was dismissed without prejudice at
I the cost of the plaintiffs, the defendant
I Waiving any damages by reason OF the
/ Injunction. The Williams Mercantile
/ company was given judgment against
/ Naylor & Clark on the pleadings in
the case. The court extended the time
for filing exceptions 20 the ruling Of the
/ referee in the Hardness Bennett case
/ twenty days An order was made
/ overruling the motion for a new trial
in the case Of Louis Cooper and Han
/ cock ct al VS. the Utah Construction
| company In the case Of Hart vs.. the
American Fails Water Power company
and the case of Tusch against the same
/ company the counsel for the defendant
/ withdrew the petition for the removal
/ OF the causes TO the federal court
/ The academy Of Idaho has been thor
ouehly disinfected and all danger from
/ smallpox is past. The classes viii re-
/ sumo work on Monday. but the prin-
! ciDsl announces that the loss of the
/ two weeks on account OF the smallpox
/ viii prevent the usual holiday on
| Washington's birthday.
KAIsER'S HOLIDAY.
Berlin. Fe9. e1.-E,np=ror William