| Show THE MANDAMUS The Mater i Argued Before JUdge Twlsa And Taken Under Advisement At the request of Judge Hunter Judge Stephen P Twiss sat in chambers and heard the arguments in the mandamus case of Geo Q Cannon against A L Thomas acting act-ing governor which came up on Monctij morning Judge Suthe land and Judge VanZile appeared for the defendant and Arthur Brown Esq represented the plan tif The proceedings were commence com-mence by Judge Sutherland whore who-re the order of an alternath writ and interposed the following demurrer to it In the District Court for the Thir Judicial District of Utah 1err tory The People of the 1 Territory of Utah I e rel I Geo Q Cannon w I Arthur L Thomas j Acting Govr of Utah J The respondent demurs to the a1 rnative writ of mandate served 01 grounds him in this action on the following 1 That said writ does not state facts sufficient to constitute a cause of acton or sufficient facts to entitle en-title the plaintiff to a peremptory writ of mandate 2 The plaintiff has no legal capacity capa-city t sue the cause mentioned in said writ but the action should be brought in the name of the real arties in interest 3 The said writ is uncertain in this that it does not allege that at the time of the demand and of applying ap-plying for said writ and the commencement com-mencement of this action Eli II Murray the Governor of said Utah territory was absent therefrom or lad otherwise at that time vacated temporarily or otherwise the said office of Governor 4 That this court has no jurisdiction jurisdic-tion of the person of the defendant and said official character or the subject of this action Therefore the respondent prays judgment said writ and thst the same may be quashed SUTHERLAND McBIDE PHILIP T VANZILE Attorneys for Respondent EUIUTORY OF UTAH j i4 SALT LAKE COUNTY 3 Arthur L Thomas the respondent respond-ent named in the foregoing demurrer demur-rer being duly sworn says I have herd read the foregoing demurrer and the same is not interposed for delay merelyAimruu Aimruu L THOMAS I Sworn and subscribed before me this 21st day of February A D 1SS1 0 T AVEKILL Clerk I By I G MCMILLAN Deputy Clerk i Upon this demurrer the judge be j gan his argument and cited many i authorities in support of the position he ltd taken When he concluded i a recess was taken until 130 oclock I At that time Arthur Brown Esq i began his argument and when finished the concluding speech was made by Judge VanZile in behalf of the respondent Judge Twiss stated that he would take the matter under advisement I lie wished to take enough time to consider the matter properly and when he decided it he wished to satisfy sat-isfy himself at least He would take uniil Wednesday morning and if by that time he had sufficiently considered con-sidered the subject he would give a decision otherwise he would take further time The arguments were on law points ous purely citations and were filled up with copi |
