Show THE MERRY GO ROUND BOUND the managers get themselves in a peck of trouble 1 11 era mini imin has ins lus t r uble tin tilt marr go 0 o round had lini theirs their i oil ou night the nuovo combination hoe in ill to houi the tile middle of u last beek aek 11 af afternoon the tile had a niini aturo circus teut tent pitched latched a irael inid laid and the apparatus app aritus v v is ready for business na V ith a hand organ for fora a band and three circus clowdis to make a it chow thea the par para ded led the tile streets at ie ua en oil 0 lock the crowd N as at the tent tile horse way harties bed to the the tile beats seats all till filled and the thi nickels just more than dropped into the treas frers strong box thy tho company om pany was sailing m on a f alm calm sea no li cense to pa pay y and a willing crowd to try the machine and so they went merrily on until tuesday evening in the meantime the f city ity council was convened coni ened and passed an ordinance taxing a li license cerise on the business when the mer merry berryo ryo 13 round was in readiness for bu bubines sines tuesday evening Af marshal urshal billings called on oil the proprietor titor for a 65 5 00 license which he refused to pay and accordingly Cr waa arrested together wit the he two men in charge the complaint was wits brought against ii C ainest H M burion henry lo 10 love e ando D campbell campbel they declined to enter a plea thereupon the tho court entered a plea of not guilty ff that august 0 at 4 p in be set as the time for hearing the case declining to give bail or make the deposit required the defendants were gi agnen en into the custody of the marshal and locked up in the of cooler over night wednesday morning they came cam e into court and deposited 25 as security for their appearance and were granted until august at 4 p in to prepare for trial the case was called up before city justice livingston at ten y yesterday morning james W cherry appearing for the city and A Q G sutherland of aft pleas ant appearing for the defendants attorney sutherland opposed the prosecution on tho the principle that the city had no right to prosecute aud under 0 r t the he ordinance ho he therefore giado a motion to dismiss and made quite it lengthy argument in support of hia his motion acting on the ge general ground that manti maritt city was not an incorporated nt rit at all under the statutes taking as a basis that the incorporation act of manti city approved feb auary 6 1851 ws done under au dhority of the Legis legislative lati a assembly act of the state of deseret and that up to this date no act had been passed chich legalized that power to grant the right of ancor horation po ration to cities hence manti city haa has no real existence to da the court overruled ruled the motion affidavit was net next anade for a n change r of venue which for the reason that there being but one cit justice tile granting of a ell chang tingo auld he be equivalent to a of tait cae case the tho cobit coin t hefti refused ed to grait arnut a change of I 1 ellue but declared bitsi itsjo if unable to fur ther tr the coe whereupon maor or alder appointed C P larren as cit CA justice pro tern tem to to the tile and furt further lier hearing was A as postponed until eight last e eian cn ing court convened nain at S 8 1 p in ill hon C 11 u bittini hit tini ns a cit e pro ti atin in nt tit turne a dei nurmi to tu the complaint on oil the tile gentral pro lion tion that the tho f ourt court lind had no tion over the tile defendants lind had no jurisdiction cier the tilt subject giat ter in the tile u that manti city ane not a city citi and find that tile complaint plaint waa was ambiguous uncertain und and unintelligible mr air sutherland fought for bis his clients as though their very lived lives were at otake making an exhaustive hau haus stive tiTo argument on the linea lines pursued in tho tile morning every point put was moat must ably by mr cherry and at tho con conclusion luSiOn of the arguments the court overruled the demurrer tho trial of the ase case was then proceeded with and ft number of witnesses were sworn and nud examined the testimony in the main was cor active it showed that defendants did beyond a doubt on the night of august 1890 1896 con duct an amusement known as a merry go round a whirligig or some mechanical contrivance for which they chaigen a faro fare or ad mission I sOrl fee and that they did i operate without first obtaining license which was contrary to the laws of this city and in direct vio lation of a city ordinance re gulat ing ng euch such amuse merits the prosecution ani waned ed i its is opening argame argument nt defense mado nindo a careful recapitulation of the evidence evide and points of law stated ind and rested the case the court in passing recognized the fact that defendants upon their arrival in the city first ascertained ether or not there was an ardi nance notice and being informed there was none operated thia this machine that the intention of the management was to conform to the law th the coart court thought that since an ordinance was pashed and since sinco the management had been informed of its passage that they should reasonably have complied om plied with its pro provisions inions e even L 11 though such law might have been opp approved and put into force with 80 seeming euling hilaa considering si all these points the court curt c urt thought the defendants defend anta should be found guilty of the express char charge r of non compliance with said or ardi 1 nance but that the offense was not of so gross a nature but it should bo be treated leniently and it was therefore ordered that each of the tho thre defendants be fined in the sum of one dollar and costs of suit with thia this judgment the Muss messes rN onn orm is sati satisfied shed we congratulate mr cherry upon the able conduct of the city e interests the tile question raised by attorney sutherland will receive recognition in next weeks paper it is a matter which should and will nill deeply interest every citizen of manti |