Show I i i i PORTION moi OF uv LAW l W is I rm DECISION BY y TRl T COURT Decides That Must B Be Filed Piled By the County Attorneys Constitution W Was Violated According to an opinion of the M st 14 supreme court rendered t yesterday esterday h legislature ture of 1891 made a serious MI aiu i ider der del in enacting the law creating tl it office of district attorney and ani in Inn nl iii in ing the duties thereof The porn i the new law referred to was wj tory to section of the n i t Sa Sautes utes tite which section provided that i 1 sons accused of crime should U b ti tri upon filed flied in i mm murt b hr by th h county attorney of the county munn I the th alleged offense was committed T Tt Th i amended law I w devolved the duty dim f t making and filing up the district attorney ey of the j r d dr d J II I instead of the county attune 1 and the supreme court holds thai that th it h manner of enactment of the ament i 1 law hw was of or the state tion thin 1 i ib the ho opinion was the unanimous jUdg I ment of the court ourt and resulted fran i I consideration of the ca ease case ie of th sia td Id against James W T Beddo appella who was convicted in the Fourth tI i court in Uintah county f ir tr irI t ti I i crime of rape and nten ed 1 t I str r rt t I five years in the penitentiary Th It ItI j i I I peal was taken by the defendant d I the ground that the which he be was preset prosecuted ut d was a a as fi Slid 1 h hI the district attorney and not b by county attorney It was ir fr r aisted sted IiI on 0 om behalf of the pir tv tta such sueh portion of the new law auth n ning ing big district attorneys to file mf in rm in criminal eases cases ca s is oid fr fra mi w i fact that the enactment w was n nn conformity with the constitution n ah hi Ii requires that Uno no law shall bt b 1 i or amended amend by reference reten nt to 10 it iI IN 1 only but han halt be sal and put w at length The fie new law was enacted y n rn r reference to tl the section in th r dp d criminal procedure e dure intended t I tn amended This method th a acourt court holds was in violation of th Ih 1 qu ted which i is di dlan t j the court to be restrictive and ani TW l t tory The wisdom of the c n ti u r requirement is cited b by the ut U I t that it R is intended to avoid nf in determining the status of f latt a u a ir j also to discourage id ni ig t lation While decreeing d r ing that uch ja art of n f new ne law l w devolving dev hing upon th d r attorneys the duty of filing mf rr a in hi criminal eases cases ca wS is of no f ff cause the nith amending the old law Jaw was n ntH nt n r 1 v o othe the supreme court opinion ni s tt 1 the time whole hole act relating to di diri rk a i ineys is not necessarily i j i fr ir reason that if the new m t taken from the old law 1st la th itt t fl i r ni still remain a sensible ar ant 1 n enactment capable ca ble of ex es ii In conclusion the tit Ia inasmuch as the district at a I n no lawful authority to l Ir S l 11 case against Beddo the un rl a no jurisdiction O n t r t th Ih h l r TJ The e appellate court voids md oid tt t tit r tion and sentence and r 1 case ease to be disposed of a i law which means moans that tho th ini nt towney tonney must make the Il uti r For the reason that on i t iIi Ui Fourth Fifth Sixth and n n districts were di distri Ir acting under the th new la lii h iU Jf ii f prosecutors in the th other tin lb r tit Ir It recently elected not Mond Monjay in n Jan Jann flees ae ce until tl the first nes ne n t comparatively few ft fe i r imi i iare det IM t are affected by this t only where the inv 1 made and flied filed by the li t instead of o by the county count af att t n I |