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Show planning and executing all the sr. the outflow f gold to pay lbl Interest raneements on a substantial basis,' god be constantly increasing our iodebt-ednes- s enn-.- t The, VM was when every lnis with a view to permanency, added this who ratiip in country mine is expected to pan out very ex- to its store of gold and silver; but has so greatly fallen off, and e, tensively and furnish an immense who do a proportion of the few large s of come are brought Miner dj meiryiu-- d supply relatives now resi The Rocky Mountain mines, numof that country, that but little is dents bers 1, 2 and 3.,' are owned by the C. added to the national siooa oi gutu One of them is aban- emigration " P. company. doned for the present, and another is AXX ELIZ4- YOUNG th. caving in and so afflicted with interUltlGIEUI YOUACJ. ... nal firesTthat its collapse is considered to be only a matter of time. We are 'We extra ct from the Salt Lake of of the opinion that the proprietors Tribune such portions of the opinion, these mines pill discover, by the light delivered yesterday by Associate of experience, that .Chinese cheap in the above ,case, labor is uot economical, and that in Justice Boremaa the long run the beat is the cheapest. as we have room for to day. We re imiThe blunders ,of the gret that wc cannot print the opinion tator cost more than the higher wages entire, not so much on account of its of the skilled operative. Chinameu merits as a legal opinion, as are agile,, docile and willing, but they peculiar readers are are fweblefolk, andean only do as because we know our is they are told, or paf tern after the aoxicus to see all that done in that works of others', in the coal mining case, we give enougn to enaDie business 'If white men will be eon them to see the points, however. We tented with fair wages, employers shall hate some comments to make will find it to their advantage to put trained colliers into their mines, and upon this case in our next issue : ' - - OPINION. let thodisciples. of Confucius.' tarry Is the Thibd Distbct Court, their pigtails back to the flowery i Utah u; Tkrbitort, , So ;y ; Kingdom. fuote; 1875.' October 1 Pnbluhed wry WEDNESDAY and SATURDAY by the Ooom Pubmshikq Comtant. Charles W. Penrose. Editor. E. STRA TFORD, B minus t Manager, ;, emi-grati- first-classjfue- OGDEX. UTAH. WEDNESDAY, NOVEMBER 3. 1875 on l. j ? To All whom it may Con cern. Advertisements, orders for 'Job Work or business connected with Subscriptions, and all remittances forwarded by, mail for the Ogdejt Junction, should 'be addressed to . ' EDWIN STRATFORD, Business Manager, Bex 32, Ogden, Utah. EDI ITORIAL CORRESPONDENCE." Co., U. T. October 2Cth., .Randolph, Rich ' '"'almtv v ' low-pric- ed . . 75. v'r- - a Fpur miles lffreoa Eyanson coal tttningl town, inhabited!)? xl mixed populace toniposed principally 6f Chinamen and bid country colliers. Two years ago the white ' meri preponderated; now the almond-eyed- , Celestials yellow-visage? . V. I J- - Term, . As? It PROrJLAMA'-'ANOTHER ' TIOX NEEDED.' 1 J- - Eliza Vockq bt Geo. MAXWKLL, KlilKNL), HER S EXT f Plaintiff. j 1 vs. BaiGHAM Yonsa, We respectfully call the attention Defendant. of Col J. H. Wi:kizer to the edito Upon an application to enforce an order have the numerical advantage. At rial'letter pnbfishedin.tbe Junction t heretofore made granting alimony peri' that timo' 'a number nT the white dente lite, Borem&n, Justice, delivered yesterday, a copy of which we shall the folio wiug" opinion folks, earning from $3 to 5per-dio)- i , ' (f furnish him, to 1 were not satisfied with' their Jot,! bo' approach the consideration of the We havcthught for some time question now before me in this ease, with formed a society called a "Union," that there were duties requiring the much hesitation and solicitude by reason with the object of checking the of the fact that th" Bubjectof the motion connected with one some attention of has, prior to its hearing before me, been powerof capital .and making, labor h e ' nV , twice .elaborately, and ably argued by i m6 n tai v u n these ce ser i pbstal the master. They were at' vised by counsel and .passed, upon in J hi court. action of Mr. once the since and, prompt pv umei justice luciveau, aaa once the writer and others to abandotrtheir abuse Justice Lowe, the former ruling Chief how shown an t'nrosaJhas by ' attempt, and t assured thatr Mheif and one the latter the other way, in way we call upon Col. Wick- may happen, to enforcement of the order the g regard places J would bu filled with which l am asked to enforce.' ; to issue another proclamatior. izdr of whom Chi nauieu,-man- y The facts are Substantially as follows: It is net only the Junction and This were already in one, or the mines, being a suit of divorce, the plaintiff its subscribers vwh"6 'are Injured in aiked the court to allow ber alimony But they couldn't see it, 'and went this way, but other publishers are in pendente lite, and on the 25th day of Feb ruary, 1875; It 'wis ordered and adjudged aheid, arranslng rules and prescribboat. the same" that the defendant pay to the plaintiff all en r.nA i! ing conditions which were not at i:. BUU tuci v b wtisfaetory to the V7,VVV BlllUUUjr, JJCIUCIUC 1(11, Strikesfo!-lowcd after $500 per month during the pend pleisant to employers for the Post Office department ency of the suit, and $3,000 attorney's aud then came the sleek little public to disregard this eompjainton the fees to the attorneys of the plnintiff. the said $3,000 to be paid in ten days there Mongolians with their jpole-- ok es and I of its being tamely a floating after, and the S9,oOO in twenty days grounds chop-stickand while they went in for here js evidence which we thereafter. The said attorney's fees not and brought out the coal and feasted rumor, having been paid within the ten days, n rose nas taten am- an! re Mr. presume application was then wade to- this and juicy on ricu and sucking-pisaid order by requiring court be can, pare ple y ta preserve, tiat, the" defeated Caucasians' of ; to show, cause why he the defendant to bear upon the official news should not be punished as for a contempt the "UuioV' had to stan J by' and g brought dealer at Evanston. Let us therefore in not obeying the order. To this the idle and hungry. They have learned answer or the dcrepdant was made and liuvo either a proclamation or an in- filtttf, and after argument, the Court, believe and we a hard lesson they y estimation, . and if it shall be demon- - (Chief Justice SIcKean, prrsiding,) ad- have the good sense to profit by if. order stood unrevoked a Jawjiaa been broken, judged that as the it must be enforced and thereupon ad. Great enterprises need capital as well strated is it askius too much that the offend judged the defendant guilty of contempt, as musele aud brains, and unless they er may be. removed from office and and orfered uuf imprisonment for the rand $rm a triaity in contempt' The $3,000 was at that time his paid by the defendant A Afterward, on in honest and man a jocra jut unity' the first is' bound tofbe boss. (he 17ih of April. 1875, the time having Our friends at 'Almy should ponder expiecd for the payment of the $9,600, aud it not having been paid, the plaintiff sacred writer: a words of on the PAYMENT. asked this Court, (Chief Justice Lowe, SPECIE If) s It'll ; ' ' "Honesty witb contentment is great presiding), to farther enforce said order In a late article printed in the Chi by requiring defendant to show' cause gain." Three dollars a day in cash he should not be punished as for we find why is uot to be sneezed at in these hard cago Journal contempt for failing to pay said sum ad- to plaintiff as alimony. The an times, and a V for 1 day's labor a good deal of sound sense, mixed in judged to this further requirement having swer with some very stubborn facts. As been made and the ought to inake a coal miner from argument of counsel would7 -- seem that the American heard, the court denied the motion and it srrile Wales South Staffordshire or made the following order : and be thankful .and satisfied, until people are disposed to adopt the This case 'having been heard on the "he can do better! & S:Vi? theory of specie payment as the great notice a appear and. sho cause why he the defendant shoud not be compelled, The Wyoming mine owned by the panacea for. our existing financial by attachment, to comply with the ordermf U. P. Company, is in full blast, with evils (theory is all there will be of it thit Curt, lb pay the' $9,600 alimony this day the motion lite, now jfear), pendente Mr. John rrowtVcr again 'at ha en- f4' maoyja long' year yet, for attachment it denied and.(A taid rule gine, lie wearied of his farming x- - n 'is in oruer jor in em 10 jook square to appear and show cause heretofore face of difficulties lying XMtdtt.discharyed." perimcnt near the ijty of Qgden, and ly in the Afterwards- - on 'lie 18thvf Ootober, has returued to tu;'bldpost,'ffbr ir the, way. 1 One jof the) difficulties 1875, 'application Was again made to Cou- -t to enforce the order for all-- ' which he is thoroughly competent is thus set fjrth by the Journal of this made oajlhe 25th f February mony, and wherehe i3 deservedly esteemed. Commerce : last, the same hajlog been complied with rfbe readermust 8taM up, Sike a man, Only in, par t The rule on the defendant 5Ir;MiYvScvai If 'mlaaget.hero, before the factsVuichlifinfrolit him. in to show cause why thj same should not and has the reputation of a gentle- round numbers there are now be enforced, paving. been duly executed 0 and bank national answer thereto made by the defendand in greenbacks man a thorough going man of ability notes to be destroyed or redeemed by ant, tht motion, itb the affidavits and and integrity, with the respect of the gjld. The highest estimate of gold now answer after) argument by ounsel,rwaa workmen aud the public generally. in the treasury, jn basks and in priviit) submitted to Court, and it tow becomes hands is SlGO.OOO.OOO. Five ($'o) in pa my duty to 'paslupon the matter.' In He has lately opened a new jminie per? for one ($1) ia gold. The pay of considering the 'matter, I aia first met about .two, wiles, north of jtbe.yocu-ing- . our foreign eivil service list and the iu with the order of this Court, requiring the nalionel debt absorbs about alimony to bepnid;' Unrevoked and made It" is ' culled the Red Cunyou tmst on all the gold reoeWed for customs duties some eight memo ago, and I am asked The order, ., Mine, and cuntaius coal of a superior Californi imports more than all her to enforce it,, t and if not void, void, therefore, oinj the Court:ign6re it and refuse to enMr. Reuben Fowkes is superinten IcceJ our exports by millions. II ow then force it, and if it be a matter of discreto a tion, would it be sound d'scretion so to dent, aud is conducting the. work ;af t Hve ta 'accumulate gold Shall form we do?, The Court i,notby thedrfendinl's go ter the substantial English method. ibto thebasiarforsking? of and markets asked to vacate or revoke the asarcr. Europe uionej ij,. to-da- cheap-laborin- 7 y s, - g dog-meat- , iit 1 , , . , ' f Jt '5 ! - $800,-000,00- is-no- uie bnt simply to refuse to enforce it, and to allewtbe defendant Vr it.11';, so ;h! l R.,a 429. - la the People vs. Spalding, the defendants had been adjudged guilty of contempt in dis' obeying ad order of injunction. 'The Chancellor says 'hat the Court bad noto do with the merits of the cause thing . . . . : , I in wmcn toe iigunciion uas oeeo isauea, and that while the injunction remained in force, it was the duty of the Court to punish every breach of it. and that in no case can a defendant be permitted lo disobey an injunction regu'arly issued; whatever1 may be the final decision of the Court upon the merits of the cause. ' ' 2 Page, Ch.826. 581. 1 Cal. Dig. title "'Law of cae," Blackmar vs. Inwager,' 6 How. ' 367. That order granting alimony therefore; is the law of this cuse,' until set aside or and its varevoked upon a force cannot be lidity and binding ' ? 1 .'' )Ji questioned'' motion now the before the Further, Court to enforce its order, is not merely of interest to the parties to this case. The public in all countries have an interest in courts maintaining their authority, and the Court itself is interested in seeing its judgment obeyed and etf- -' forced. The proceedings for contempt, therefore are authorized that courts may uphold their own authority as their duty requires. It is a proceeding ' that the Court may take without motion of either party upon evidence that its orders are disobeyed. It is a power committed to Courts for their own protection, and whilst an order 'of Court stands upon record unrevoked, and there ' is a manifest unwillingness to ask the Court to revoke , it, the Court cannot stand idly by and see its judgment disregarded and ' 7 !' ' '' " ignored. Ihtie conclusions are manifestly decisive of this case. But suppese they are not correct, and that the Court should examine into the validity of the alimony order itself. It is claimed to have been improperly and wfoUgfully issued. Upon ' what grounds is it inequitable? It is not claimod either "in the enswer to the rule or in the argument of the counsel, that the sum allowed is unreasonably large,' or that the defendant has not had time to pay it, or that he is unable to pay it. But it is alleged that the answer of the defendant on the merits 'of the case, contained uew matter which was not denied, and not being denied, it was to be taken as true, except "on t&etrial" when it was'deem-e- d '.' to be controverted, but it is lastly contended that the order for alimony should not 'have been made because the marriage ;h was' neither proven nor admitted. ' If this be true, that ,the faot of marriage is neither proven nor admitted, then the order should never have been made. For the law is settled that' one of these things must appear before the Court can grant alimony.' Toe com plaint charges mar riage 01 mepiainiin ana aerendani at a specified time and plaae, and alleged that for a year after Ihe marriage he lived and cohabited with her, bnt after wards treated ber in a cruel and inhu man ' manner and deserted her, did not support her and her chileren, and that by reason of this course of the defendant her life was miserable; that she and defendant cannot live in peace and uni on; together; that their mutual1 welfare require a' separation, and that she ris wholly without means of support. Had defendant not said anything about the marriage; under California rulings and our statute, the marriage waa admitted. (Fox vs. Fox. 25 Cat. 687.1 (Bennett vs. Bennett, 28 Cal.' 699 Uut he goes further; and in express word admits the fan of marriage, tbaUhe ceremony did take place at the time and place alleged But he seeks to avoid it by alleging that the plaintiff had a husband then living from whom Bhe was not divorced, and that he bad a wife .then living from whom he was not divorced. He pleads confession and avoidance!, and as part of the avoidance, he pleads his own ' crime,", He cannot , do this. He cannot set up his own crime as a defense to the ' action., That .doctrine is too well set This Court , tled.,. cannot on the pleadings say that either plaintiff or defendant had another sub sisting narriage relation existing at the date or tneir Clark's chaacery 1 1 w- -.! 1 . - 1 orflSWiwiit fiLi iSi,8 tppeal from this be Court to rr ?ind regard U thb guments. , Bat the 8r. inter-marriag- e. Tbu's we find that the order for aU mony was not improperly made and standi unrevoked, and not obeyed and no good reason given for not complying with it. And 1 am asked to enforce it A eourt can not allow its orders to be repudiated, and (Lea 13) disregarded, and jn x wouia be willing to h,ear tled,. on', V fi, therefore decline iuoum oi tne bona." Mr Williams, Attorney for the - dn ant, raised the questiou. in mvn, prison the defendant should be d, ' in, objecting ta! the peniten uary, me puce where-th- e defendaat coo--fine- had heretofore been consigned. ' ' :To;thw the 'Judge replied that where no place was speciBed by ihe' statnte the question would be left to- ! - ue marsnal. ; . Subsequently Manhal Maxwells cmpanied by.JDrsWiiliamaon a Young, proceeded to the residence ef ' Mr. Young, where they found "that- ' gentleman in quite delicate health, bo ' unwell, indeed, that at the instance of Dr. Williamson, the Marshal left him, ' '' at his1 owu house in charge of Deputy u. Marshals, Arthur Pratt and, 0 " Harry Porter. It is understood, that if Mr Young's'health will'permit he will be romoyed either to the penitentiary, ",V or to rooms in the Clift House, now called the. Federal Cburt llouse; ! ' We" have as yet see nosi-rnsoanv ;t attempt io! nterjfere, with the operation of the order, and expect to see - : ; f ?f theriog',, , none,( so are likely to be blasted once more. i jihteopcV They'may ,'get'';tkempney even that is doubtful 1 M'liJ though."' but they can have ho blood.'. 1j' 1..' i Y. "'" f x enough to meet all contingencies, The Judge said'Ifiherewereany doubt, in my - ; d pig-taile- order . KVtt 1 ' ! JUST. YET.!H !l 1 i ' - TVh ' ft , '? Ttiit In response to our:polite appeal to"'l ? tcaier las o usaios yes iu terday, a letter came this mornrng lnlormiDgus that he.is at present too ' busy in another directin to attend, ' to Evanston matters,"hi3 time just , novr being devoted to matters in Ar- izdna. If the honest P.'M. at Evan-D- " stoui will .deliver the mail matter coming to'Jbis' office in the meantime ; , promptly,, we cau wait till the Cbl.V &i we are hot tindictrye.' , return,.? in'fact -i'.v all we wrant is for officers to discharge 11 While the Special their,r ......duties;' 'I' ..... ,r Agtnt is absent nwe,wi8h it under stood,' however; that he will put in odd spells in sharpening up that Jittle; ,! ' ' guillotioe. So look eut.1 . , ! - ;.' I . ' i ! - ! m J - ' ' ! . he bad.; the clerkv' "Fcstus..; replied is "butl'm afraid a boili coaing 00 tha back of my neck." clerk,-- the pother - 'ffNo,?.' day'if , 1. ,1: i . i f OW TJ'.Ci'.Gr X X " " CORNER FIFTH & MAIKSTRKETS ,itl!,i;:. "..lit '7;. 'Ogden; Utah. s x.s . ;. Pare Wines find Lienor (Imported and Do mystic). , s j Prescriptions carefully eompoundei, at all hours of the day or aigUt. , , . , continue to maintain its dignity, its self respect and its authority. Were a court in a condition not to be able to enforce To Dairymen and Farmers : !'" ;. i."' vj its authority, its failures to make efforts ' to do so might be proper, but when court can enforce its' orders and flatly Hear Lake and Cache Valley refuses so to do, it 'cannot long be held in respect or its authority recognized. A v'..am paying the court, therefore, is in duty bound to en .'i.to tv.v ' ". l force its orders. '. HIGHEST PRICE ,LV CASH course left open to in is one There but : ., . ..was.) ..5't the court and that is to enforce the or der. It is therefore the judgment of PRIME FRESH, BUTTER j this oourt that the defendant be impru nd ahmild ba leased to eorres oned until the $9,500 alimony and costs of this motion be paid, or utitil released pond with any one in the " j '. Dairy business. , , , by the coarL Write to. me and getthe-nighe- st At the conclusion of the' delivery of the above opinion by Judge Bore- - Price in raan. Mr. . Hempstead, .defendant's LAKE CITY. attorney, said A that he designed to i . - ! ,t v-- . : - - r . -- SUT |