The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-03
JUSTICE DURAND'S
LEGAL METHODS
Light on the Workings Of
the Court at Murray
City.
JUDGMENTS ENTERED
WITHOUT EVIDENCE
Statutory Provisions Are lg-
nOred and the People Prose
cuted Have to Suffer.

C. T. Durand, Justice of the Peace Of
Murray City, is claiming more than his
share of public attention at present on
account of the methods pursued by him
as public official. The charge is
openly made that proceedings, are instl,
tuted in his court by the Merchants
Protective association OF Salt Lake, in
which he has no jurisdiction. The ques-
tion Of jurisdiction is indirectly raised
in an action brought in the District
court against Francis G, Luke, and In
which Justice Durand is cited, and q
writ of prohibition is asked for to pre-
vent Luke collecting a judgment by gar
nishment. Durand had Formerly sus-
tanned a demurrer TO the complaint
in the action because of lack of juris-
diction, but the suit was again brought
and in the absence of tho attorney
Judgment was entered against the de-
fendant.
Decided Against Himself.
In a suit before him Thursday, in
which the Excelsior Manuf acturing
company of Salt Lake was plaintiff and
Charles Stewart and his wife of Biug-
ham were defendant, Attorney A. j.
Weber, representing the latter, Justice
Durand decided that he had no Jurls'
diction, the parties TO the action not
being in his precinct or city. Attorney
Weber cited the court to chapter 2, Ses-
sion laws, 1905, subdivision 5, and over
the objection of Thomas Kane. attorney
for Francis G. Luke, the court dis
missed the suit. AS in the other suit,
however, it is possible that a new action
may be brought and that in the alb
scnce Of Attorney Weber the Justice
might again reverse himself, hear the
action and enter judgment.
Judgment Without Evidence.
But this popularity of Justice Du-
rand's legal temperament and methods
is not alone. The Justice admits that
he enters judgment in actions brought
by the Luke agency without hearing
evidence in proof Of the same. Justice
Durand made this admission to Attor-
ney Weber Thursday: "'If witnesses
are not brought 10 court by the plaint
iff,' said the Justice, ~ don t think
it's my business to go and look for
them. y Probably not, but the law
bearing on this point is plain and spe-
cifc. Section 3707 reads as follows:
when the defendant fails to appear
and answer or demur within the time
specified in the summons, or when he
fails to appear within one hour after
the time specified in the notice, the
Justice must, upon application OF the
plaintiff, enter the default of the de-
PENDANT and hear the evidence offered
by the plaintiff, and render judgment
in his favor for such sum, not exceed
ing the amount specified in the com
plant, as appears by such evidence to
be just On his own confession JUS
tice Durand does not always comply
with this section.
An examination of the docket Of JUS
tice Durand discloses, among other
things, the fact that the Justice does
enter in the names of the witnesses
sworn. Under the heading Docket
of Justice - Entries, the statutes
contain the following as part of section
1857: "The names of the jurors who
appear and are sworn, and the names
Of all witnesses sworn, and at whose
request, The witnesses names, in
many instances, are not enrolled on the
docket. Evidently the plaintiff 8 at
torney does not bring them and the
Justice does not "go out and look for
them,' but he enters judgment contrary
to statute, Other instances of gross
irregularities can be cited, but suffi.
cient has been quoted to indicate a de-
plorable condition of affairs.
Attorney Made Entries in Docket.
1t is charged that Durand is In the
employ Of the Merchants Protective
association II such Is the. case then
it is a reprehensible act on the part Of
the association, and no terms Of con-
demnation too strong can be employed
to characterize public official who
would be guilty of such corruption.
Thomas Kane, the attorney who repre-
sents the Luke association at Murray,
has his Office in the same apartments
with Justice Durand and at some time
he has made entries in the Justice IS
docket, An entry in the docket, said
to be in the handwriting of Attorney
Kane, was shown to Attorney Weber
and a Tribune reporter Thursday. 1t
is useless to make comment.
Poor People Suffer.
1t may be pointed out, SO far as the
question Of jurisdiction is concerned,
that the proper recourse is to make
application for writ Of prohibition
That may or may not be the proper
method, but a writ of prohibition is an
expensive procedure and the greater
number of the people prosecuted, and
this term is used advisedly, in the Muir
ray court are in INDECENT circum,
stances and can not afford the expenso
attached to procuring the services Of a
lawyer, far less beginning expensive le-
gal proceedings, hence they must suffer
and pay and look pleasant
The Tribune has heretofore thrown
a light on the legal methods IN use at
Murray, and it must be done again,