| Show I 1 THE MEDICAL CASES ARGUED HB I 1 dr hasbroucks and dr bogges appeals heard I 1 M MRS RS TREADWELL DIVORCED RW K W W haai r ander son flon for slander SI irl XI mr Nol sons cx regarding docent charges against hlin judgments entered probate orders ordera fourth district cour chatt rt first district at provo prove the case of 0 the people vs dr nich nicci ard d A hasbrouck came cama u up 9 for cot hearing before judge smith in the third district coult afternoon ader nuon on oil appeal front from commissioner ratta a court where tho defendant was lined NIS 25 and costs tor for practicing medicine without the license required ty by the iho I 1 TL rit orial law when the caw case was tried before the lower cobit the defense raised tho the point of demurrer that tile law was unconstitutional but commissioner r brait being naturally af ft A le tiring to turn the legislature down ind and overruled the demurrer an additional lie le mairer to the effect that the complaint did not bbate an under tile the fita mas us also urged but bul it too was overruled anti and atter after it i bearing ur dr hasbrouck Haa brouck mas aa fined as stated slated and brought the cause to lite third dl als itice ti let cot 1 on oil appeal county At Att luiney viney murthy appeared tor for the lind anil J K F cochran tot or the defense the defense still stood upon the frat demurrer the second being withdrawn it belne being stipulated that it it was ivna overruled that the case was to be submitted on oil a statement of facts to wit it that the board of medical examiners was appointed by tho the governor without the concurrence of the council that the act creating creat lne the board was mas passed mach 10 thea that the legislature then or very soon after adjourned that uie the first il appointment of 0 any mcm members of the board was made september 22 and that the iho remaining ill members om bers were appointed in december 1882 1892 in urging his demurrer mr cochran did not contend that the legislature did not have the alie power to lo prescribe reasonable and uniform conditions upon the right of persons to practice medicine but was of tile the opinion that in all such power there were well defined benned limits bey beyond ond which tho the legislature cannot go one of these limits was that such laws must be uniform in their application reasonable and impartial and must not exclude one class to benefit another mr amr cochran held that the th la law Z was wa unconstitutional for the follow follo ini n 9 reasons first because of 0 the d elimination discrimination i s against physicians who ba have I 1 e not medicine in the territory in requiring and in tho the sum charged them for certificates to practice which Is in violation ot of section 1 2 article 4 of 0 the constitution second because the legislature has in the exercise of 0 its powers imposed a tax other than for a public third because it centers or on the B board card powers judicial find and other pow era beyond those which can be conferred by the legislature being in violation of section I 1 of the fourteenth amendment of tile the constitution lie ile then submitted that section 2 article 4 of tho the constitution declares that the citizens of each state shall be entitled to all privileges ites and immen brics of citizens in the ahr several states slates anti anil cited section 2 S of the medical act a at L issue which ldes that graduates A leg from roin chartered medical ini dacal colleges in good and legal standing must pasa pars satisfactory examination before said paid board they must pay the board 25 for or a certificate and the board may or may not then grant crant the lite license section 2 provides that thai all graduates of oc respectable in medical edical colleges who are at tills this time engaged in actual practice tico in this territory shall khall be J libed q aed a license without examination upon proving their identity and the fee Is 5 section it 11 provides for admi admission to practice on oil the petition ot of twenty live logal legal voters of 0 the precinct in which the applicant resides and the fee Is 25 the petition must be b putt pub emitted however within six months month after the passage pas saga of the act and license in such cases may be revoked for un professional conduct section 13 12 pr thal all pe perro manx nl mho 11 ho practice in utah shall after paging proper examination and paying va 10 receive certificates provided that nil persona abo vho shall ahall furnish the said board satisfactory eatla factory evidence dence ot of having practiced practised obstetrics f from to in the passage of the act shall hall receive license without examination o unit anil upon tho the payment ot of a a sw fee of oc st 1 tha issues thus raised avdic argued at length and numerous authorities opre cited during hi al aument mr aih rat ran called al to the lad fact that while were compel compelled led to pay the board from 5 to 1 25 5 each there was no provision whereby adv or of tile the money be paid out oui anu and declared that the ho act road read an net act to lo cleato cioto a medical sailors bunk bank demanding demand lnE 4 flom doni each practitioner tit ioner and foi bidding any Il LuIng out oc at moneys money atud or an ali act creating a medical monarchy DR CASE the cuso ot of dr 0 II if dogge vs the hoard oar bof ot medical examiners was waa alno taken up in connection with the ilas hm brodick case so far as the tion allty of i the law was concerned in title rase case dr dogge limays tor for a writ 0 of mandate to compel tile board or of examiners to grant ahu a certificate lie ho alleges that thai ho he ili 9 a graduate ot tile missouri medical college of st louis and received A OL diploma from said college on march 6 1883 cu entitling titling him to practice medicine and surgery and that lie he hob has been so BO doing ever since ile he further alleges that he had practiced his hl in suit salt laue I aue since december 1831 and that lie had conformed to all the tha ot of the law but that the board of 0 em eibi chad had refused to grant him a cat cali I 1 tile the board ot of in their an awer allege that dr D doige had bad been urged with jill unprofessional Lon conduct duct and that lie had turied u anil and to appear before the and answer to the said bald marge charge the charge chai ao against the dottor doctor la Is to tho effect cOe ct buestan that he was called lit in consultation with I 1 dr br beer to see ace one mi clr N and that attar approving 0 of dr nera beers n era treat merit lie he denounced it to tile the hubb tind of the patient and also charged hr dr beer with margins charging extortionate fees feed the tha result being that ir dr beer was wag discharged and dr agg after which the pit pa tient suffered buffered a relapse after mr lit cochran haj had concluded the argument of lilt its demurrer on behalf of dr hasbrouck judge dey day argued lila matter on behalf of dr dogge county attorney murphy then iben began an b his Is argument in n reply and occupied the time of court until adjournment H haul not c cu d at that bour ho however uever and the th argument will be re burned nume d this ihla morning MRS TREADWELL L Divon DIVORCED CED clain ij Troa divell ang granted A deelee or of divorce from wilbur A treadwell Tre tread adnell ell by judge smith aday marq treadwell fantod upon the stand that her husband deserted her some gome thins thing over it year ago aeo anti anil that tha hi he hal had not sup supported polled her for nonie time prior to tile the desertion sho had made n 1 I ltv ing ever since the marriage by teaching teA music upon corroborative te being given the decree vai va i granted JUDGMENTS 0 0 W moile 1010 ilance vs nis C I 1 ii q ot ct tit nl judgment ut in fa aar r 0 f the th plaintiff for iessi in ssi 0 W moyle ASA assignee Ignee v VB s J john W A V taylor judgment in favor or f plaintiff P 1 rf tor for SISO 68 albinus nance vs vp john J ft t ill al judgment for the iho plaintiff for 2461 D OTHER BUSINESS V F A stebbins vs V NV it 11 lett et ct at kate C stebbins vs r H IL carrons rare ons dismissed commercial national bank fl J T S R per perked 1 ept RI al judgment tit in favor 0 of plaintiff with 50 ns as fee clara A Rob innon vs J it II robinson Kobl naon referred to 0 G armstrong Ar matroni to take testimony and report parmella edmunda vs va sall lake city thirty daya dava tor for plaintiff to serve statement on oil motion for new trial W H irvine v vs adeline st irvine twenty days for plaintiff to prepare and file I 1 on motion tor for new trial H X dr belsons nelsons Nel Nels sons onlia explanation marcellus M vol nelion ion feels much rig nt grieved bg as a result of the hie publication in the tribune on wednesday morning I 1 to the fleet effect that lie he collected 19 eften from two young men johnson and bjork by name for tile the filling of oc two damage suit butts against the RIO nio grande western hallway company lind and then I 1 failed to file them sir mr nelson does j not n 0 t deny that be received the monsy money but says that tho the plaintiffs in the cases have not fulfilled an agreement made between them and himself at the time lime involving the payment of more money and the signing of an agreement and that he will not no file the suits although the papers are all ready until the said aalde Bel cement Is lived up to by the plaintiffs mr nelson further states that he has not endeavored to tet get the money for nothing n he would get a great deal more out of the suits A suit for slander R W W PI IcAl cAllIster llster has begun suit against henry anderson in commissioner comal Greenn ians court to collect damages to for I 1 alleged slander mcallist mcallaster McAll lster tor alleges Al leres that he be was vas irr the employ of the defendant PR a it a hauler anil d while so engaged the defendant said in the presence pie p sence ot or several persons lie he tile the plata tiff sold a load of wood woo 1 I belonging to me and put the money lit in his pocket sir mr mcallister McAll lster celb feels in view of this declaration and others of a similar al character that rl stain has been left upon his fair name which can only bo be eradicated by a 26 pecuniary consideration he plays pinya for f or judgment A against g ainest the defendant in the sum turn of the case was called tor for trial yesterday ye berday afternoon and one witness examined after which this the plain plaintiff tift asked leave to amend his complaint and upon leave beinar granted the matter was continued until monday actions filed C R S brinton began suit against R A Ilas hasbrouck brouck et al la ili the third district court yesterday to collect on promissory notes ed nowell and john BUTIL burl began nil an action against james durt burt yesterday the plaintiffs allege that they and the defendant were formerly lit in business together and that prior to a dissolution a statement was prepared prep ased showing allowing the condition of the fit lims ins business 1 is n awl 0 t no now w in ili their possession it la is further altered alleged that the plaintiffs have discovered that errors were madr made in the statement by alch the defendant received more than was due him hence they ask that they may be let in to prove the said bald errors and that judgment be entered in their favor for such sum as may be found due them ellza eliza winters tt et t t al are suing euln the hanover fire insurance company 0 of new york to collect al alleged lefred to be due as insurance on a house on sixth south bouth street between fifth and sixth rest east streets which was by fire on october 3rd ard being insured in the said defendant company the plaintiffs allece that the tire dama darn geil aged them to the extent of in probate court judge blair made the following or dors in tile cie probate cobit yesterday estate and guardianship of mary A 1 I wray minor citation ordered to issue to guardian to ola file hia bla account estate of Coni cornelius ellus keefe deceased will admitted to probate and george geci ee W keete and patrick phelan appointed bonds order ot of publication li of notice to creditors made ellade and apar asere appointed blatte altale lt ale of william W foote deceased hearing on oil return or of male bale of real bainte resumed and thou continued until saturday february estate of john 11 rumel hurnel jr ajro deceased order mada directing a estate ot of william fuller deceased february ath set met to hear I 1 ichuin etui A of sale of mining stork stock estate of jacob mailach Lai lach dece ayd february ath set to hear 14 tors account estate tate and guardianship of genio an insane person now deceased final dischak dl schate go or of guardian made F kirbt arst district court at provo william ferguson Ier fuson of oc lake shore has haa sited nied a suit bull in the brot district court tor for elsw 1300 against salt liike lake county bounly bit lake city and th the rahal companies taking water from utah lake the L laam to iff based upon damages through the water bong kept above the compromise point in the jordan river by the defendants Plaint plaintiffs iffa attorneys are edwards Kd warda they have other suits ready tor for filing against tile callic defendants defendant liy by other persons owning lands on the shore of utah lake the tol amount of damages daT nages baked asked for in tile sulta suits will amount jo 0 o front from to iniquity at al aho bank of swasey 1 bartill jar till successors to the national bank of oc commerce brings the following information in fix regard to the I 1 lly ty ot of the N national a I 1 local of commerce in III the suit eull brought III by W W 11 smith against aal nl the hank bank anil elmer B jones lor for over ever il SOOT giltig mr jones jonen was waa nt not at hie time the collect collections iong were made president of tile bank he handed the bonk tile ali claims for collection rind find the bank collected the amount sued tor for and paid tho money to mr jones jonea charging about 25 cents for or col Ic on each c collected 0 A cirni lias han been commenced b by v W 11 gay of spanish rork pork against aarah surah caa ile he charges as ail a for divorce that bla big wife committed adultery with will john lamont ot cot spanish lork on the alth I 1 till day of july 1802 1812 and Is in now urine living anil and cohabiting with larson in smithfield cacho cache county ile he asks to he awarded the custody of their heir minor children Boc iuie of 0 tile the adjournment of 0 the supreme Sit premi court until next Tue tuesday Aday tile the first I 1 district will not resume bession I 1 on oil monday ns ni wait wag expected and the bollom ing cliance change in petting of 0 cases has been marte made thoe tho e set ret january lire are othi urd till february the bet art for january till february esth those set net for february let till february etli thoda set tor for february 2nd and till 1111 llull bourth district court yesterday Teat erday in the fourth district court at caden the hie appeal papers in tile the rare afe of if the utah national ba bank k Vs vii tire A W were filed by the defendant fen dant alexander brown yesterday entered fin an aati action ol against nat M brigham asking for a order to prevent the marshal front from telling some property pro neily belonging to the plaintiff the complaint alleges that the execution which the proposed sale la Is to satisfy la Is the result ot of a a judgment dement lu against william R brown and that the propel ty levied on as the property of william liam n R brown Is lit in reality the property of alexander brown the plaintiff hence he ha asks aska tor for the restraining order jt it la Is lust just an all alleged case of mistaken identity |
