The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-08
JUDGE R|HER SITS
ON FEDERAL BENCH
Wyoming Jurist DispOses of a
Number of Cases in
Salt Lake.

The United States Court convened
promptly at 10 clock Saturday Judge
Riner of Cheyenne was on the bench
A number OF attorneys, principally
from Ogden, were present in court.
Judge Riner came direct from ST
Paul. MINI, where as a member of the
Circuit Court of Appeals Of the Eighth
circuit he sat in Judgment on thirty
appealed cases.
At Saturday S session, upon motion OF
the United States District Attorney,
the following cases were dismissed:
United : ates against P. c, Scorup,
same plaintiff against John +. Magel-
by, John T., Hirish and Ray Stevens,
These were criminal actions brought
against the parties named for wrong
fully grazing sheep upon the Fish Lake
forest reserve.
In the case against Scorup a de-
murrer was interposed in which it was
alleged that the information did not
state facts sufficient to constitute a
public offense. Judge Marshall sus-
tanned the demurrer on the ground that
there was no United States statute
which authorized criminal action to
be instituted by information. From
this ruling the court authorized an ap-
peal to be taken. The matter was sub
mitted TO the United States Attorney
General, and he urged that the appeal
be not pressed. On the point at is
sue he construed the law as did Judge
Marshall in sustaining the demurrer
1t was for these reasons that the Dis
trict Attorney moved to have all the
cases dismissed and the bondsmen re.
leased.
Thomas England against the Ogden
Water Works company is a case where
in the plaintiff sued for himself and
large number of others, who assigned
their claims TO him for damages to
their crops by reason Of the wrongful
appropriation of water by defendant.
which it Is claimed belonged to plain
tiff by virtue of prior use and appro-
priation The assigned claims range
in amounts from $50 to $1,000.
Plaintiff made motion TO amend
his complaint and also argued mo-
tion to remand the case back to the
State court, where it was originally
commenced. Both motions were denied.
the demurrer to the complaint was sus-
tanned. Twenty days were allowed
plaintiff in which to amend and the
same time granted defendant in which
to answer. Thirty days were allowed
IN WHICH tO ne q ibljl VI eStepIlOUS,
In the case of the Ogden Water
Works company against the Union Pa
cifc Coal company, for damages for
the alleged wrongful use Of water. the
demurrer to defendant 8 cross bill was
sustained, Twenty days were allowed
to amend and twenty days given in
which to plead to the amended cross
bill.
The same ruling was made in the
case of Elizabeth B. Gill against the
Union Pacific Coal company.
In the case OF the United States
against the Utah Fuel company ct al.
stipulation to take depositions was
filed and an order of the court made
granting to plaintiff and defendants
each 120 days in which to take deposi-
tjons and thirty days additional in
which to take depositions in rebuttal.
The case of the United States against
the Columbus Con. Mining company,
charged with trespass in running its
water over plaintiff g property without
permit, was dismissed as per stipula-
ton