Show THAT conclave for goldoor their Is dr Oe murner th the response of acting arthur L them to trio alio alternative Alan damom requiring it him in to issue a corl of ter 1 george tj cannon as delegate from utah to tho be grait or to show abow catine some why he be refused to do an came on for licar log in 10 th bo third district pie liitt court ablean justice 8 11 1 toyota presiding morning lt at 10 a oclo clock cli AT armur in behalf of the abo rod u tallies and ui an zi ailo toy tor the re i aft aar dr ad idin a bic writ imad I 1 ddn the tol following lowing A nicil I 1 C it II 11 in S bid cause c As 1 la the district C court t tor for th abo third jodi clot district ot of utah th abs tbs paplo of iho of t I 1 th tat excel x acl george Q cumon cannot vs T arthur arthir L thum thorn sell M acting governor GoTor nor of utah the respondent demur to the tha ire tit a or mandato mandate served on blin biln in this tt 1 I I 1 iii the ground awed I 1 that mid writ dori der not nob tale state facts to constitute X close chuo of chiou or sufficient fact faces to entitle ilia ba a writ olt of at data 31 3 the unitt pin utter has ba no trawl saili ell arli at a to lo mug the owed in aatu writ t but the action should bo be brought brou bt in tho the a aume or I 1 tho ui mal party in 1 II Dl orol st 3 the mid writ la Is uncertain in this that it II dean not alleged that at t the atio time of the ali demand bad of applying for far amid writ and ad the L 0 of this action ell 11 JI 11 murrey bloomy th bic governor ot laid aid territory WM wait absent or bad at that time vacated tcp aray or otherwise ilia iho said ald allies oi of governor GO Temor 4 that this hu bag no or tho the person ot of the ibo defendant and ald old character chancier or of the subject of the action the pru proba jag ibcal cut of amid all writ aud an that arl the buna god may my be quashed at AN D philirn I 1 attorneys Al toracy for L or UT UTAH ali salt lak lake 6 county arthur L thom the armed la in tile for lUIK d wag being duly ctorn me uy says A 1 have hard read mal tho the fort oloE and the same it Is not lot for acly R L giouse is W folsom bad nd subscribed isidora nio me this day ot of A D WA ll 0 J al SKILL clook by byh H G clerk wk the first art point made ly by judge sutherland was that the atie petitioner did not sufficiently act up the ibo aw of GOT go v game murray tom rom the iha T cyr ry to constitute a cause of bell B acting governor thomas ihal ib tho pc tilton it is true alleged thail on the bill day ol of janus Jau ottry I 1 gysi I 1 ell II 11 bell hur I 1 of a all left tho tarri tory rod nod that a provision of tho the act ac t of congress the ibo secretary became acting governor it la Is not ot bo bolever wever therein alleged that thai gov emor broor murray hurray was absent from the territory oo on the lay dry uio the writ tit wi an iol ibis 1 hla alleg lion was boil indispensable Is iii such bulac the ho coulie cot thing IQ in respect reaped thereto t meat be absolutely and rho a in the that the iho gov emor su nu absent from the territory OD ibo boy iho writ was ua ito lir sued it wu WM Vili holly olly it if not I 1 utterly tv to the ibo coso came to E sit oa the day or hi at toy other time lime than it abu dato data dl 1 the application for far and issuance ol of the ni it to ID order to show abow to the court that them sell noy any ucb such temper temporary bior or ollar trao vorice of the office ol of mot rt I 1 should the of the ibe T cor alory under the ibo I 1 a to assume the functions ruou iona thereof and aad that toy by rm rc wit ol of baid vacancy beauty tho the said bald is the acting governor of I 1 tab this well wal the second point was albat lite cllon action war not list commenced la As the name naino of tho the real perty in ID lateral RS as required TWO b by abc utah civil practice act that abo authorities with melody ro rc ex certion ero ere a greed agreed itt 10 do de the proceeding of ti mandamus i a all aud oil pont the therefore 1010 the entitling tha ilia co in ill the DAIDO or of I 1 he etc WU was a filleul defect cl another An oilier material point made uy ty the counsel an that bat ibo file writ fulcd led lot lor involved a con compulsory P per loro ianco ol 01 rod nod judi cial clai duly mero sod 1 enumeration of the be votes mom motion wu wag out ool denied I 1 i but this I 1 la not but bucia tt 4 canic I 1 ahe be law lav that the hall be by voters chunh qualified led to lovite vote lot lor me moore of the itie legislative assembly con mud aad thai the person the st number ol 01 yue voled should he be di dichiro chire 1 doall duly y elec it will not bo be ques 1 I L that title person must be a 6 person tTO to in election and that luo 1110 TOWels tidied must bo be qualified to lot botu NOT DWI there is no DO statute general or lo 10 1 cal I that determines low bow or lo in what buttoner the Gret telo she ball either of these facts tho alio whole aide ter hr or of the yet vote nod and ascer do JOBS who elec liMl is if reposed by abc leto acl M la nth iba conr of the territory no 0 returning board i ray birly well the ibo noiea lea and od taus rail by to lo him in na die abstract themo of aca u Is 1 the ibo practice IQ in the baates but bore to the ahe governor GOTe it Is required tu to pr per form the mero mere ministerial act of a re turning turn i eg board mud aud the quail judicial act of f doug that the portion it duly illy quiet ifield who receives the 1 largest dum her or votes receive be cato or of election wod aad them is no requirement in ID the act that the ibo gloier gooier nor dor a hall from the return alone tic dc termites alto la is elected lu in the pr per fur firmance furma mance aco or of the complicated duties ro quoted of him lita big western acta were imwold ably both ministerial and judicial and aad it wu was beyond the province of any court to dictate to or command him to makol any utoy dalf llon in ID thin or in any other toilette within the put pur view of bin big office it might be d laid DI that the ibe act 40 of declaring who he bad W received the larg largest dumber of votes though d ty iiii the governor wea only it ft do duly but it was wai a part his duly by tho the law of the ilia land ud and bence it wu WAS IS much am executive duty as a nay my set act be wui was required by bt law to perform 1 1 on the ques question of jurisdiction the last point referred to judge suther land liddi reasoning was lucid anil and demon really rally battor the the iba judicial bad and the ibo executive mom coor branches i or distinct and add lodo pendent ot 0 aati other and to 10 the exer nine ciao rod discharge or nt which neither could trench upon or assume any con tal over the iho abo courle of the country had bad always deprecated and ud discouraged any that ehmed d even to lo parents of the abo r tendency to bring about a castle ot las them or either cither of them choju abo ju didamy had no DO more power to coomo tho to buo a of election clo cllon than the executive would have bote to 0 mo ibe he judiciary 1 to tee that luo ilia 1 lawi wit are arc enforced la in the itic hii big duties u Go remur he Is DOI col to lo tho the court but buthe lu tim federal source from whence he be demitri ilori der vid itri his bf authority tile tho judges citations were acro largely from high on OD extraordinary sod and the united casio SLa statute tute hie blu to uio the territories at the aioo of nf his the court twit took a romen till 1 I JO 30 p in apon ill iho opening of court in file a mr BIT brows brown 10 lor or tho the appet c ft n t id in crep reply to judge I 1 lund a n d delivered ft a and a argument sud aal array of citations la Is 8 support u aport of he wouly till or of t iho h 0 action tho the people ale etc ale lie 11 also cited the turco tern j jaw vidleT that detects defects nf ff IL li clod should be that it WH man alleged to fo tho the javit bud bod petition or of lion that on oa the ilia blu bib day of JArt january uary hail LIT ell it 1 it as nut but u Y to lo 1 1 the continued absence and con gueret incumbency or arthur L thomas as acting bimer on the oth bd the re stitt that the ibe or ortt a territory WAS a mom agent or of tho the gov giov eco maietti maie ment ati and ad nu no totaled to 1 the digi ty political pu ical power and independence nt 11 f a governor of one cue or of ill boemma bison that the duty imposed uia the bo governor as a porty ried bod and R nt 1 t or judicial ja lial that ati aln burcur rich neb it duly was devolved ol tin bi churls bad the iho cow power or and lion to command iu ila io in the ibo carout or well aad torm form toy by gifts mil I 1 I 1 that the boole athole tenor or california law on this subi ocle supported title ju ris diction bud that teat ilia civil codis coda or of leall L lab being a copy ol of elt 1 0 I Calif tor oil is it must most tomlin receive the mo construe anu lina judge van lit alai I 1 ro div ia he cue ilia ibo jod judged 0 bad ably eis guelat leb lefe awas dag a r hint it WM an absolute requirement or of lb the utah law list every cry miles should tio im brought brou glet in I 1 lb be datoc dame or the real read party parly in fu interest that but the he cullous of opposing opp cring am showing baitt mandamus might invite in tile tho name or the people wlm wiro from fro in local 11 ing where a ditler dit lerett erit law pro dro fro from tit that in utah that the iho see ice it aloa or of the iho utah civil act referred reit to by counsel for tho the applicant to lo show that defects in title etc might be applied only to sell davits notices notice etc in in actions already commenced and not to the iho original origin nl pleading g the title tillo of which it la ill on questions didat that they t bre in tho the name of 1 iho real artty in ID internet default or nelch is 1 alai those all the interrogatives or of the executive are arc of ft A charter and beyond review or 1 b y y c z u r t t ba t ih 0 w 0 r d lip person ervon in ino abo 0 r g a ui 0 A act ct 0 or f t abo b e territory which is the clio to lo whom has I 1 ihben rec trin it ibe iq eat slumber number ol of votes totes tho the ot of clee lion 1100 mut must be given meant means citizen of 11 he IU aitto blaich or ori the ibo person quail fled fied that it would tom ho slowed tr to giumo that ft a subject tit nl queen victoria or of klof king dahomey or of tho the sandwich or cannibal Isla would bo be so 0 o entitled that thai then them la is no DO disagreement among ilia iho on tile the question or of tile ibo once of the ibo courts to interface with the iho territorial executive io in the perfo of the butic required of him by COVI and the pro ponder ancol mom ancel ot becis one 9 discourage any inter ce cc so should the iho executive ill ties be construed rim merely sm and d in no DO settee judicial or discretion sty dry bhough of it may mav bo be that the ho igwe it certificate by the 1 IB clearly and solely a loriol bet abat could 10 performed by aay by otter PC coot 01 u well as by the governor is it on this account any leu less an eicove ex CoVe al judge vaa zile closed hia bib argument by a liner brief but powerful application of the rule of sound mund down tion in uie the do de termination by tho the court of the gous revolved involved in ID this achs or of cere that curs Is ia mandamus caaD dainus might arise wherein the ibo applicant had even 6 clear legal 7 right 1 9 atit thereto yet I 1 LQ n III the 0 wood jjack 1 of uio the court ilia ho writ may bo be denied hr or of tell au thorit les in support or of the utter loth b state of power and jurisdiction in the courts con to interfuse Inter fue with the luttio of tile ilie executive being a branch olour grand or of lectia can government were fla an conclusive u aboy io y were and profound audgo u go tell iced that he W would 0 d hold the miller matter under adai idam ut moil lill G 11 oto led metz morning bell probably he be w would be 1 I uses bt be 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