Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-05
motion Of I. TO QU A
IS Q ! VI: | | / !.
Judge Richie Holds Status of
Walker Contempt Case Is
Merely One of Inquiry.
TO APPEAR AND SHOW CAUSE
Proceedings Against Mrs. Althca Walk
or, Margaret Walker Snioot nnd
u Clarence Walker to Continue.

Mrs. Althpa Walkers motion In tho
Third district court for the Huashing
OF an ordersissuing from the court Cit
Ing her. with Margaret Walker Smoot
and Clarence Walker, to appear and
show cause why they sllould not be
punished for contempt for leaving the
state while, an order from the court
was In effect commanding them to ap-
pear and testify relative to the dis
position of certain articles of the ,es-
tate of David f. Walker, ST., was over
ruled in the equity division of the court
by Judge Richie this morning, They
I must now appealFns conmanded iHfthe
latter order, and defend themselves IN
contempt proceedings. ~
The motion for the quashins of the
order was argued before Judge Richie
L on Friday OF last week. The grounds
upon which the defense based Its argu-3
/ ment was that n case was pending In
the federal court at the same time
dealing with the same subject matter,
and that an order In that court for
them to appear and show cause why
they should not be punished for con-
tempt is also In effect from the federal
court
Holding the status of the case in the
district court at present to be merely
one of inquiry as to the possession of
certain assets of the estate, Judge
Ritchie says: There is no reason why
the inquiry sought in this proceeding
should not proceed. so far as anything
appears with relation to the matters
in litigation in the federal court, This.
as yet, Is only an inquiry as to whether
assets exist and whether certain per-
sons have them. If, as the result of
that inquiry, 1T appears that any OF the
property In question is in custodia
slcgis lntsthc Federal court. either act
ually or constructively, full faith and
credit will be given to the Judgment,
DEGREES, or proceedings in that court
showing that fact.
The point was raised by the defense
that the order appointing David F.
Walker, Jr., MS special administrator.
was illegal. This appointment has been
attacked from another side by the de-
vence in the district court and the re-
vocation Of the appointment, was prayed
for and the appointment of another adj
ministrator asked Relative to this
point, the court says: THE facts
stated, Which are alleged to show that
the appointment OF the special admins
traitor Is null and void showfin any
event. nothing more than an Irregular
ity and cannot be considered In n col
lateral attack on the appointment"
PROCEEDINGS TO CONTINUE.
However, continues the opinion.
.sutficient facts appeared In the verified
petition for the appointment of n special
administrator and in the proceedings
leading up to the appointment, to war
rant the court, under section 3,S13 OF the
compiled laws, in appointing conpe-
tent person ms special administrator.
The court acted accordingly and the
Judgment then formed has since been,
amply justified by the conduct of the
parties cited.
The court must hold that the show
ing made in answer to the order to
show cause Is insufficient and 1t Is so
adjudged and that the proceedings con-
tinuc against Althea Walker, Margaret
Walker Smoot, and Clarence Walker in
according with the views here ex-
pressed and under the provisions OF t.ic
law here applicable"