| Show 1 CLEGG NAMED NEW JUSTICE Commissioners Appoint Staff for New Court but hut All Action Ac Ac- tion Is Stayed MARTINEAU BEGINS SUIT Man Elected to Position to Test Constitutionality of New Statute After application had been heen made ma do to tho supreme U court for a writ of oC prohibItion against the tho county count commissioners commission commission- lon lon- ers to restrain them from rem acting under I tho new Justice justlee court law la but be before are service iel of oC the alternative e writ was made the commissioners at 2 o'clock yesterday afternoon appointed Brigham CIO j a justice of or tho the M. M W. W Earl a HI as constable and C. C W W. Naylor clerk of oC the tue ne new ne Justice court provided L by the law v Tho The alternative alt writ irIt was served ser be before before be- be fore rore tin clerk could Issue certificates of or appointment to the officers hO ho er 3 and nil all further s proceedings In the matter matter mat mat- ter Including organization or of oC the court ar are stayed until the tile supreme court acts act Tho The commissioners thought that by 11 making maltin- the he appointments a the responsibility for defending the laW lair betaken ho he taken off ort the tho county count bilt bUt the count county attorney lse l them then lat later r that tho the commissioners will wUl have ha to answer Incourt in incourt incourt court to the tile proceedings s Instituted and his office ornee will have c to defend the la li There was wa some somo que question when hen tho the commissioners lC learned of or the service str of oC the thc writ as to whether the they ml might ht be hc beIn bein In contempt of ot court for Cor acting as the they did The attorney said the lie writ was not hot effective o until actually served and unless some Intent to thwart the court could be shown there would be no contempt con con- tempt appointment In case caso does not riot thwart tho cr court urt he takes it it b because cause the tho issue e e can m be lie tried out just the same as If no appointments had been made hc says hc ls l.s. Proceedings s to test the thc constitutionality constitution constitution- alit allt of or the thc new justice court law passed b by the last st J. J legislature and providing providing pro pro- viding for two justice courts in Salt alt Lake Justice precinct were Instituted In the thc supreme court of oC Utah yesterday yesterday yester ester day b by by- I I. 1 R. R JC Jr the lie duly duh eJ elected Justice of oC the tho peace for Salt Lake precinct The action Is In the tile nature of oC an af affidavit HC- HC in application for a writ of ot prohibition against a the thc county commissioners commissioners com con missioners of or Salt Lake Lako count county to prevent prevent pre pre- vent them proceeding under the terms of oC the tile new law to name namo n a second Justice of or the peace constable and establish a second justice court within with with- in the precinct Justice Martineau attacks the constitutionality constitutionality con con- of the new low |
