Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-07-17
Through Defect in Statute ?. +.
Geiger Escapes Prosecution
For Non-Support Of Family.
BANNER YEAR FOR FRUIT
Quantity and Quality VIII s,rpass All
Rccords-Interurbnn to Open
BY Aug. Court Notes.

Crdon .July 17.--When is a law not a
1awp Is n question that is being asked
NV n number of local law makers. who
4 have heard of the case of the State OF
N I3tah against Philip f. Gieger. which
t has been on the criminal docket of the
81 district court for a number of weeks
81 and which was dismissed yesterday az
ternoon upon the motion OF District At
torney Halverson and in which County
Attorney Harris Joined.
The Geiger case is one that has occu-
pied considerable attention in the court
circles since he was brought back from
California in the early part of May
to face charge of failing to furnish
food and clothing for his children. The
charge against Geiger grew out Of a
new law passed by the last Legislature
and which has been found to be as por-
Gus as sieve The reason that the law
will not hold Is that wife cannot tes-
tify against her husband and as the
wife Is the principal witness in most of
the cases where failure to provide is the
major charge II is very probable that
there will be few prosecutions.
The following is the court proceed
,ngs in the case against Geiger which
was before Judge Howell yesterday af
ternoon:
The court"The State of Utah
against Geiger; is the defendant in
court? Are you ready. gentlemen"
Mr.. Halverson-"If your honor please
after consulting the county attorney
and the complaining witness in this
case. especially inasmuch as there is
pending before your honor another case
involving more or less the same facts
MS in this case, and probably the whole
matter can be adjusted and probably
will be adjusted by your honor in that
. Iii tlx.s 49,.
tice would be best subseryed by the
DISMISSAL of this action at this time
and for that reason 1 will move-and
understand the county attorney concurs
with me in the case-for the dismissal
OF the action at this time"
The Court-"It may be so ordered;
defendant is discharged"
COURT SCORES LOOSE BUSINESS
SYSTEM.
In the case of H. J. Toller against
the Edmunde Tailoring company
which was tried before Judge Howell
during the present term of court and
taken under advisement, decision was
handed down yesterday In which the
plaintiff is awarded damages In the
sum of S257.59 for back wages.
In the opinion handed down by the
court the manner in which the affairs
of the company were conducted were
severely criticised by the court. The
court also pointed out that there was
failure on the part fine defendant
company, of which the plaintiff was
manager, to comply with the laws of
the State of Utah under which it was
incorporated.
In closing the court says;
1T Is regrettable for the plaintiff
that the formation of this corporation
was so slovenly and that its business
was thereafter conducted in such a
slipshod manner, but nevertheless, the
creditors should not be compelled to
suffer for such derelction. Perhaps the
court history of this corporation viii
afford wholesome lesson to other cor
porations of the community, il there
he any such, and to those who are in
terested In them, which We're formed
as this one was and whose business is
conducted in the same manner"
DAMAGES AWARDED.
In the district court in the case of
Julia Q. Kiesel against the J. p. o.
Neill Construction company, the jury
brought in verdict last evening in ia
Vor Of the plaintiff in the sum of $500.
The original amount asked for was
$4,000 and was for gravel and rock
hauled away from the plaintiffs prop
erty by the defendant. II was shown
al the trial that the amount of dam
age done TO the property was $500,
brit the jury returned verdict for $780,