Show SENSATION IN COURT john me zane attacks justice bartch HE MAKES AN insinuation grand jury makes its final report indictments returned against dr mccoy sim duggins find Free milt cartter carter Serg Ser genot erint ford find and M I 1 B cummings also indicted days davis and cases and eight others ignored davis county highway affirmed some of the attorneys in this case and tile ali managing officer of the pa plaintiff I 1 intile feel so no deeply upon this question aliat if justice batch be should insist upon sitting in the case we may fin find 4 it necessary to file an affidavit showing negotiations mith ft ith other oilier people which will place him in an unfavorable light this sensational declaration Is 13 R al 1 alleged to hove lave fallen fro from in tile lips of john at zone zane luring an before the supreme court yesterday yet berday with justice miner and judges lilies and young upon the bench mr zane ho however never derides dal that he made use of the words worda negotiate negotiations ions and which will place him film in an unfavorable light and claims that he alm imply eald bald that he would show other oilier rea facing than those already assigned why judge bartch about not sit but at any late it Is putting P u fling it mildly to say that mr air zones zanes declaration r caused aus ed a sensation find and much specula tion was indulged lei in as to or not he would mould early cany the threat into effect the declaration wag ivas made prell preliminarily in to the presentation of air zanes motion to dismiss the appeal in tho the case of the crescent mining company against the silver king b mining I 1 ining company appellant the motion to dismiss 9 had been made by mr zane upon the ground that the transcript had not been lied filed in time and dickson rills kills ellis attorney tor for the sliver silver king people appeared upon the other side justice miner allner judge lilies and judge young sitting in the case and mr air dickson objected t to 0 the court as constituted for the reason that justice bartch vaa man not upon the bench mr zane however insisted that judge bartch vias as disqualified by reason of having made some orders in the case prior to the entry by judge king of the order appealed from and the discussion grew uncomfortably ab y ti 0 aleal the te climax was mas reached when mr air zane made use of the words substantially q quoted ted above mr dickson charged in I 1 reply that mr zane was of such a suspicious S disposition that he thought everybody was crooked and insisted that the court as constituted should about of investigate the matter and determine whether or not judge bartch use disqualified in the same connection mr air dickson said that while lie he had no objections to arguing the motion before the gentlemen upon the bench he was wag anxious to know heftier the constitution meant what it said with mith reference to the disqualification of justices or whether it read except when mr zane r shall hall othe otherwise ruise direct after rallying from the surprise occasioned casio ned by mr zones zanes declaration the court retired to consider the matter and later ruled that judge bartch was not disqualified mr dickson then withdrew his objection to the court as constituted and the argument apoll the motion to dismiss the appeal w was proceeded with before justice minor miner and judges young and lilies at the lon of the arguments the motion to dismiss was denied and the appellants were granted ten days additional time to hie file a printed abstract 8 JORDAN CASI CASE ON TRIAL hearing Het trine of the suit of the th north point company begun the injunction suit cult of the north nort it r point consolidated irrigation company against the utah and salt lake canal company the south jordan company the north jordan canal company salt lake county and salt lake city was called in judge street a division of 0 tile the third district court Jest yesterday erday afternoon the plaintiffs allege allece in brief that they own on certain lights to water mater from the jordan river together boeth r I 1 with ith the light eight to conduct hild bald h ild water matier through a ditch known as the surp surplus luB canal from a point in tile he jordan river near the line of township I 1 south range I 1 m west mt est a and d extending in a northwest stelly cily direction from the river rier plaintiffs further allege that thai they own in an extensive ItY biora of lorli gatIng dilcher dil chea exter extending eding in a northwesterly arly direction from tho the surplus canal through which IN waier ator Is convel convened ed from rom tin the joe lid it I 1 alv ivor ulin UL in land lying tributary to the system 1111 L of ditch ditches it Is IH th then n allried that the defendant canal companies own and cip operate erato a system of canals canala aing to the south and wet meld of 1 canals and thit that in slow lew of the fact that defendants take from the jordan river larker larger of n nater liter than ihan they need a itte jordre ge amount of water bail been turn burnid upon the alkali lands adjacent to the hie deiches dj iches and formed a chain of takes lakes and irlis title with alkali water in if or dw dar to relieve the suo submerged merged lands land it Is further ClI claimed timed the defendants hive have connected conro cled the chain of oc lakes by a se be I 1 alei of 0 artificial channels with D decker e C k er dihe 1 thus befit befouling elio ali aters of the that L take lake to such an fit extent that they tire unfit lor or cr culin culinary tiry pur loees it then lh n appears from tle the complaint list tho the litt conduct tho the of nf rop Decker ekers 8 take lake into the surplus canti canil thus thua that ditch to oil in to an i extent that the waters cannot lie be used for irrigating or other oilier purposes pui put poses salt lake county and city are made defendants for the aller alfered 1 reason that they lea lieve some interest interra l in the surplus carla canal I 1 aud that they have assisted d the C anol companies it lr wrongful main tere fereance tc nanc ance of taw at channels chi nuels u aich c connect the lakes in conclusion plaintiffs allore that th they Y have lien ben li en dam dama gedl in th die sum or of 16 00 by the acts of the defendants all and d pray for judgment lei in that 0 mount amount together sether lo with alth an all injunction to prevent the defendants from continuing the acts complained of a and nil to compel them to conduct the waters of deckwa Deck fia take into the jorjan river the present henrlne henring however only relates robit a to the lh prayer prater of the plaintiffs for or an injunction pending a 0 final hear K I 1 W taylor molle Z anne alto costi ga ann 11 anti and A kahn appear for the plaintiffs anti nirl inida aids A rich d ditl I 1 IQ county Attorn iv anti and assistant county attorney nye for the th defendants several reveral days time lime will plo probably bably lie be lei in the hearing davis county caad affirmed justice P handed down an inn in the court yesterday at af arming the judgment of the lower court in tho the case of harlon 11 appel appellant laret va george M green sr et ct a I 1 constituting the county court or of davis county and 0 the controversy brose over a public highway in davis county anil and wax wi ad ju cicat c of adv emely to the plaintiff chief justley zane zan and justice miner concur in justice bartchy hs decision GRAND JURYS REPORT the davis perjury case fired and nino kino others are ignored in their final report as 03 submitted to judge mica lilies yesterday the die of the grand jury reported that they had ignored the charge or of perjury against L C davis as made by ex selectman joseph R morris before justice harvey some weeks ago mr air davis it will lie remembered was tha th main witness for the lion in the in bribery came bases rases 3 against ex se morris anti and 13 amberger blikh were tried before judge lilies recently and upon tile hie defendants securing an acquittal mr air procured daviss arrest upon the charge of perjury mr air A at first declined to P pros rose Kulo cuto da Is in the th tower lower court and the ne justice appointed ct C C dey prose eluting attorney pro tempore lint hut later mr M r whittemore changed chanced his mind and upon the refusal of judge harvey to allow him to take charge of the on catlon tion he secried a writ merit of mandate from judge judee 1 I oung directing the justice to him A change chang Q of venue m wa as then taken but instead of proceeding with alth the th preliminary hearing the caw C note was taken before the grand jury w with tell the elie result that the charge way was ignored igno no r ell upon th fit receipt of the th jury final report judge elle expressed ln s thanks for the th quiet ond and efficient manner or in which the members hid had trans elect tho th basins that hal come before them and were the report was waa as fc follow olio B s TILE THE JURYS REPORT honorably Hono ogden judge third judicial Dist district honorably Honor ablo sir birthe tho gr not jura for the ib january Jann iry term ISM V JO I 1 ihm hal and nil have been in session thirty das during which time we w have examined thirty dolne tolne cases and ami IM 1 mian ases out of ohp thirty nino alno cases we aliaze lave found rots 1 in twenty nine cases and ignored ten crules 8 as 1 fol followay own 1 ato v ax it II A aler and mrs mckonl mcdono silk I 1 0 v va 0 ii r suile state vs VP P W state slate va v george yeadon state vs va rose state vs james arnold state vs VB W H sells S slain I 1 ata vs F r G luke state vs C rox m ell state vs VB I 1 L C davis on april 8 leifi we visited th taft ettah and wern wem shown through lound his institution by 11 warden rardon dow and overy department in excellent con dillon fill ion th taft warden reported report Pd to lo us that there were at tho the present time lime prison ere era ire in the tr 0 on oil april 9 wo we visited tb tho county infirmary ry in our examination we WA fount I 1 the institution crowded and tile drafting dral naRo 0 in a very poor condition we would mould recommend that tho the county make inako an tidal tion lion to the building called the annex nox by adding a second bory story which could b brt used for ho spitted 8 and nd other pur pos aea and same flamo be connected with mith good bood dru drainage inage aitio main building la Is very poorly constructed ted owing to narrow halls halla and n fairways boid briddes des bing very poorly ventilated wo we bolt bellev evit ft that richard G lambert present resent superintendent IS IA doing all ho he can F tor or the care of the patients with mith tho iho present accommodations and thero there are ni at the ent time so ISO wo 1 were mere informed bv the superintendent biety four patients in this institution on april lu 10 we w visited the county i jall all where at the present time eleven cloven prisoners aro are confined wo we found alio jail nil kept in excellent condition our attention t man wa called during our examination of this institution to certain repaire neco esary jr in and about the jail such as painting tho the building and replacing the old fence with nith a new one also come alterations te are arc needed in somo some of the cells all these theao repairs are very necessary at the present time and would rec ommond that tho the county court have them it done ono for the protection of the building and grounds OR on agil april 10 3 wa me visited the city jail which h ell is in kept kept B well as possible under u n the tho the grand jury for a number of years has called tho the courts attention to this institution as to its if unfitness for use we can only add that thin bull olinor tt Is not I 1 in n tiny any WRY way putt plot able for CRY arl prison on it I 1 t has haa been used for so BO many yean yeam that it has now become Impo Ible to keep it dear bloor of vermin vorman the jail Is a disgrace to the lift city anil and should be torn down dom n and rep replaced I 1 ac b by Y a 11 modern structure having completed our business bonek wo aek to bo be discharged respectfully submitted C L HAINES foreman |