Show SALT LIKE LAKE mm LUTER the decisions rendered by he the four judges 1 yesterday THE GIRDO HOISE HOUSE LEISE I 1 budet of km from the territorial Terri lorial torla 1 capital items la in and oat out of court decisions correspondence of 0 tits standard yesterday frank was arrested arre eted for stealing 52 from charles meyer was again before justice laney this time with witnesses witness osin in ilia own behalf the testimony adduced was so direct that it left no doubt of Wahl grene grens innocence it was wats shown thai that he was far away aiom the scene at the time the theft was committed lie ile was accordingly discharged discharge d A cold drizzling rain made things uncomfortable comfortable on all day yesterday in salt lake henry schmidt was arrested arre eted yesterday on R a charge of fornication the complaining witness was llie tile girl S schmidt chmidt had wronged under pro mitse ee ol 01 marriage she wanted anted him to lul hi 01 ins ilia promise but he refused he lie pleaded guilty to the charge made and was committed in debalt of bail to await the grand jurys action when in custody he began to consider the matter and stated to the tile officers that he would probably m marry alry her and settle the allair affair later he be concluded to adopt this course and greenman married them and allowed schmidt to go on his own ovi a recognizance A boy named frank luce was arrested yesterday for severely beating bea tius another boy named marsh al arsh he will be tried today to day justice laney daily administers the law to from five to ten drungis riving gial I 1 9 them sentences ranging from ta i to the petition of the federal officeholders asking congress to redu reduce c a the appropriation tor for a govern government men t building in salt lake below has been forwarded david loyd a chronic drunkard was released under suspension 0 of I 1 sentence sen lence yesterday in the police court on a statement that he desired to go to cache valley and live with will relatives there mere he ile took the next train for ogden the gardo house lease was acted on by the territorial supreme m e court yesterday afternoon thea the announcement announce mint was made that the lease of tile house to the church was terrains terminated ted and the tile receiver authorized to secure tile best terms ho be could on a month to month lease the subject was not discussed by attorneys john J gushing cushing of illinois and jolin john 31 breede of colorado were i esterday eat erday 1 Y admitted as members of the bar of t the I 1 i 1 supreme court the case of M thalien vs A II 11 nelson from the district court of 0 ogden glen g len wae was decided at the supreme court yesterday afternoon an the decision of tile district court being affirmed judge xane zane read the opinion of the court which holds that under the lien law of the tile territory the lien of 0 a subcontractor sub contractor and those under him begins when they commence work and the contract price of a building cannot be paid to the original contractor till the debts of the sub contractor and those under him are ate paid that it is first the he debt of those who who furnish the material and do the work w ork then the subcontractor sub contractor and third the original contractor hut but that no lien ran can exceed the price of the original contract less the amount paid the contractor before the subcontractor sub contractor and others began operations judge blackburn filed a supplemental plem opinion in which he disagreed with the remainder of th the 0 court as to the construction of the lien law in detail but agreed in the general result of the case tho tito discussion of the compensation of Ilece iver der in the church cases was up again yesterday afternoon and finally the court decided to adjourn till saturday april 12 on which date mr williams and amr varian are to discuss the subject pro and con L L craps and other residents of moab emery county petitioned the supreme court to ay appoint point mr georfe JI wade a united states commissioner and the request was ia granted yesterday in the came of 0 isabella seele beeley adix vs the tile southern pacific MIT kail way company the decision of the first district court was affirm affirmed edby by the su supreme eme cou court rt yesterday afternoon 0 O q the e h husband u osband of the plaintiff was killed on the southern pacific Pac ifie baile foot bading caught in an open frog while he was trying to couple cars his ilia wife aued sued for fow dam abea z es a ard rd tile jury awarded T the ai era railway I 1 way company insisted that ag an the deceased knew the switch frogs in ase use on the southern paci pacific fie west from ogden were all open frogs lie should havo have cared for himself the court held that the use of open frogs by the railway company compan y was negligence as uch much frogs are danger cue and that all accidents caus caused edby by them render the company liable for damages the tile opinion of the court was by judge zane ane and was an elaborate discussion of the tile liability of rail rall way c corn 0 m J panice anie for negligence in the u se of 0 f mechanical m e c hanicak devices in the various branches of railroad work an appeal to tho the supreme court of f the un united it s d sta states t es has been tak taken an in in the case of tho the salt lake foundry ry and machine company this th to enit suit has las already alre re ady been pending years and InVOLves about for material and work for the mining company the following follow in is ie the fall text of the tile supreme coarl court decision given yesterday afternoon in the ogden justices of the peace case in a ibe the S supreme e court crt of ot the of utah 8 M Prea haw hawa appellant ellan tva thomas D dec dee joe joseph ah xh st any rd and N tanner it jr real indents ll enderson A J delivered the opinion a as 10 follows lo this action WM was brought in the first als dl brict court for or tile usurpation of 0 ollice ot lice 9 warra warrant 0 the tho complaint avers t hilt the on the ath day of 0 august 1889 1 duly uly elected to the tile office of justice u tico of 0 the tile race peace of ogden pre preniner ciner it I 1 out the u darl e s and extent of 0 ti the precinct that he a afterward qualified and 1 in entitled to aid office and its emoluments that on 8 sept 3 lw ISK the defendants and arid each of them usurped bald said olllie and have havo ever 9 bince I 1 nee continued d to so todo to do the facts arethas are that the county court ol 01 weber county on on the ath dg day of 0 august 1883 created ogden precinct the 0 same as 8 net set out in n the complaint on the tile ath day lay of august iwa the plaintiff sa duly elected ertel el aice luttice of the tile peace of 0 said precinct and aud on sept pt 2 following he duly qualified an such on the h day of 0 A auguet I 1 the tile county court of ott weber teber county by an order abol imbed aid said lopion precinct I 1 net and out of the ile territory embraced e cre therein created four tour ee and distinct precinct precincts denning defining particularly i their boundaries and rn t 1 I 1 em respectively as ogden precinct no 0 o 12 1 23 8 and 4 the county court thereupon by an order entered at the game same time for the purpose ol 01 filling the vacancies in the ollice office of justice of the peace in each of the raid said four precincts thus created appointed the P 1 11 indar herein justice of thed the peat e in and for 1 ogden precinct t no 1 ill the defendant aut N tanner jr for orden ogden precinct no so 2 the defendant josep 8 stanford tor for precinct N no 0 8 and defendant adan thomas hom a a D uce dee for prebi precinct i let no 4 defendant tn tanner n er never neve r qualified under his life appointment and li has aled 1 his ilia ansis a r di any right to the theoflice office stanford and bee dee at once qualified commissions were verc duly imbed to them by the governor ana and chef they entered upon the duties of said offices wit althin lin and arid tor for their resper tive precinct precincts the plaintiff claims under his election to bo be justice of the place peace tor for the entire uddin precinct as it formerly existed and denies the validity of the e dings of f the coun I 1 ty y court above bet net f forth ort h defendants stanford and dee IH e filed their lin answer setting up the foregoing facts and den ilni ing the tile right of the tile to justly implead implead them judgment m aas as entered for defendants in the dix triet court and the tho plaintiff appeals the he first question qucK llon tor for our determination ie as to whet lier there Is a 0 of fl par r bics tics defendant jt it will mill be een seen fro roin nithe lio foregoing foreR statement that each of the d de c fondants fond fend ants are claiming under separate and d appointments and and aritt are acting as officers and exi retain juris dietha over depurate separate and distinct Jr portions tf of 0 the tile territory oer over which the tile plaintiff claims lihi right they are not nor clalvin a tt joint 1 I y tt jurisdiction or tho the paine alon a it principle at law as ell an in equity that courts aill ill not take co limneo of district and se claims orl or liabilities abilities of different din erent per persons in one 0 des suit ul though standing in the name belati relative rithia u llon tion chitty on oil findings I 11 14 am fd ed 41 1 av 1 m coile ale pleading see IB pomeroy Io meroy 0 on R Kp e medlee edier sec there must bo be some sonic community in the rong doing adiong tho artles ho are united as eo co dependants act 1 1 lie injury com of anit be in some sense their joint work 1 IA 1 france v vs krai Kril krilger yer cr 43 42 iowa gull gulla vs FOX r ox 19 12 mis MIN appl ing these pin principle ciple we think there Is a kii 1 I r of f the de defendants end ants anad and do not think b the he stain a e cited by compiled law laws 1 aws a gc W SS sec see 1 ml I I 1 Is authority for the ja johnd iii r of it 1 e so ant auto in ili one action the iab not being belli apparent upon the like face 0 ol 01 linder tile complaint ra int it aas as proa r t to t take ike of it in the answer comp I 1 le istuk pa page 0 2 a cc li u t ain deem it to ill the 0 0 other alie berau questions aiu oh ed alie the district district dist court should lie be alumna flir mcd we coli cur zane zone 0 OJ J john IV blackburn A J |