Show LETTER ON JUSTICES jud e rhodes dads up his former statement THE OT 01 FEE bins BILLS I 1 from his with the abas and 10 the statutes the public CAB can form its judgment section six of what ia Is known as the poland bill is is as follows that the supreme coart court of said territory meaning utah IB is hereby ant authorized to appoint commissioners of eald said court who shall have and exercise nil all the dalles duties of commissioners of the circuit courts and to take J acknowledge acknowledgements ments of bail and in addition I 1 they shall hare have the same authority as examining and committing magistrates in all cases ar arising laing under the law laws s ol 01 said territory as is 19 now possessed by justices of the peace in eaid J territory it will be seen from this section that united states commissioners when first provided for did not an acquire e any civil jurisdiction their jurisdiction i in wai limited to that of comblo of the circuit courts court of the united states and to preliminary trials for violation of the laws of the territory under the edmunds act however the jurisdiction of commissioners was wag extended section 7 provides that commissioners appointed by the supreme court and district courts I 1 in n the territory of utah shall possess and may exercise alt all the powers and jurisdiction that are or may be possessed or exercised b by y justices of the peace in said territory under the laws thereof and the same powers conferred by law on commissioners appointed by circuit courts of the united stages stales 11 alter after the passage of this act com had and might exercise civil jaris dic tion in the trial of cases the same as justices lust ices of the peace who bad had been elected to that off office ace by the people in exercising such civil jurisdiction they were to be governed by the laws of jtb territory there is no statute to be found in the united states statutes which at tom te apts apts to create a code for the government of justices of tha the peace e justices of the peace are officers unknown to united states law congress having the power over the territory had bad the authority to make the united states commission 1 era ex officio justices last ices of the peace but when they were endowed with such civil jurisdiction they were to be governer go vernei vernel by the laws of the territory the united states fee bill mil will be searched in vain to show that there ia Is any authority for commissioners to charge foes fees for the trial or any pro c connected with a civil suit under the united states tee fee bill they are allowed tor for heanne bearing and deciding deci ling on criminal charges 5 00 a day for or the time employed this does not apply to civil cases when they are bitting sitting as referee in a trial or in the matter of a civil case in pur finance of an order of the courton court of the united states they are entitled to ta aday a day the moment they fl sanroe original jurisdiction in civil cases in which they are acting as justices of the peace they are relegated at 0 once nce to the fee bill enacted and apar approved 0 ved by the territory of utah as the same 11 applies to the justices of the peace the following would ba be the proper I 1 fees un under berthe the utah statute in a case commenced by attachment where there Is a default that is no appear ance by the defendant first filing complaint 10 ceata cents I 1 bond 10 cents affidavit 10 I 1 cents centa t TO 30 I 1 issuing summons Bum mons 60 50 cents writ i 0 of f attachment attachments 60 cents 1 00 administering adm oath to party ma making king affidavit 25 tk taking log and approving C bond d 25 entering case caso on docket 25 ii en entering bering g final boat judgment CO 50 issuing execution 24 2 80 0 there can be no legal charges tor for bitting sitting in a 0 civil case where there has bean beena a default when MCI I 1 a party defendant goes into curt and con confesses fesse judgment t the justice of the peace 1 is allowed 60 50 cents cent for entering confes ision of judgment In dement in place of 25 w where here it is by default JJ the dlen defendant dant I 1 I 1 I 1 1 I 1 t 5 am aai I 1 m makes appearance and the justice proc eoda 1111 to try the ex con r hi hr is entitled F rt to 3 00 a day aay th tr ww baull I 1 awell swell the be coeta in a case to ta 5 91 nith ith perhaps 1 03 added for a dairing witnesses constables the territory of 0 utah provides for or the election of a constable in each precinct hempst he most give a bond of 1000 and holds office offee for two years any person who is not elected constable or baa has not given bond baa has no bu bunnest to nerve berve any papers whatever junices he Is a sheriff deputy sheriff united states marshal rna rahal or deputy the proper fees for a constable in a case of attachment atte ament where there has b as been defan lt as provided for by the fee bill of utah territory is as follows serving summons 1 00 for serving within one mile of office mileage 20 it if attachment is levied on property or garnishes garnishee proceed 2 00 it will be seen from the foregoing that the total coat cost in an attachment case where there is a default up to the time the execution is is issued should not exceed 6 00 in case there has been a trial and four wit sworn the costs should not exceed 10 00 beyond this la in extortion in civil suits in which there has been no attachment issued the total costs in case of default should not exceed 2 30 and in case of trial should not exceed 5 30 these calculations cu culat ians are made on the supposition that the summons is served in ogden it served outside of ogden there would be 20 cents a mile to the constable for each mile traveled it is a common custom ea especially bially with the commissioners to allow the attorney bringing the suit fees there is no au an hority for it no warrant in law and it is simply robbery under the guise rules of law there Is a statute which makes it a punishable offense offence to extort fees amditis and it is high time I 1 hat that it was enforced I 1 believe that there are two or three justices of the peace in ogden who w ho have been elected bythe by the people that make up honest tee fee bills this trouble can all be righted by adapting this course lat Let every defendant who is called upon to pay a bill of costs demand that the justice or commissioner shall make an itemized sta stat temer emert t if it it include any cost not warranted by I 1 law aw present the matter to the district t attorney if you are called upon aty by a petty collector to pay a bill tender d him the exact amount you owe in presence of witnesses but pay him nothing for collecting be is is not entitled to one word to business men the working men of ogden havo have had hard lines for the last six six months if they are owing 0 ing you small accounts drop them thema a line yourself and ask them to call and senyou see you aay experience and ob observation er has been that men who are seeking work trying to get work and when an opportunity offers them to go to work as a class are are honest men and if they fail fall to pay a bill it is because they are unable this communication is made for the reason that the tle companies whom I 1 represent will have to employ a good many men in ogden no man who is dishonest will be retained in their employ it if the company know it at a meeting of the company it has been decided that the company shall protect the men in their employ from unjust demands it if our men are held up every saturday or at the endom end of every month tor for what little wages they have earned we cannot expect honest service from them affidavits CODE OGDEN utah june 22 1891 TERRITORY OF UTAH I 1 Coun county tys of webers AI at herrick being first sworn says that be he is in the employ of the ogden city hallway railway company that on saturday the day of 0 june a garnishee garm ghee was served on the company against bis his wages claiming judgment 14 95 93 costs 1600 1 00 the execution being out of commissioner gernns perri coart court it recites that judgment was obtained march 1890 1800 lie ile farther swears that in september 1889 he went to colorado to work for or cory cary Br bros osand and did not return toOg to ogden deD utah until august 1800 1890 that he be has never been served with a summons in in this case never knew tbt thit he lie wag sued that thal for more than six months preceding the date of this judgment he had been absent from joh utah AL HERRICK subscribed and sworn to before lie me this day of june 1890 WK 11 SMITH SEA botary notary public the affidavit of 0 litzenberg is on file lie ile swears that he is in the employ of the street car company and his wages were garnished ou on june on a judgment for 44 and 20 85 83 coats costs judgment la in favor of hedberg ereen execution tion issued out of commissioner cross court he ile swears that in august 1890 he ordered a suit of clothes of hedberg to be done in three weeks to cot 42 in september 1890 he lie was called to iowa bv the death of a daughter went to herbergs lied Hed bergs shop to got the clothes but way were not done although the time bad had ela elapsed pied did not get the clothes never baa has received them returned to oden in october 1890 received work from W W corey while corey was receiver of ogan city raila railway work came to 22 when he called calle al for bis hie pay be wa was told that it hal been gar ni IV R white wa was I the attorney be he then went to whites office and white let him have 14 4 taking 18 lie supposed this settled the matter no summons tag has ever been served on him never knew habas be was sued the judgment now claimed clair nedas as 0 served 1 I on the company including costs amounts to 64 65 85 ha he hs has paid 18 making a total of 82 85 5 the clothes were to cost 42 and be he has never lever bad the clothe clothes L K R RHODES |