Show T11ESUPItEME COURT Tht Salary of The Probate Judge Other Daslncsf The Territorial Supreme Court held a suasion yesterday afternoon all of the jude being present Owing Clerk ilacheB Illness F Ei IfcQurrin was designated lo perform the duties of cerk The court rendered decisions In the following C United Slates S Andrew B Schowappellantunlawful cohabits tionjfrom the Second District Court judgment of lower court affirmed J W ifaxfielJ appellant Vf Joseph A West et a respondents from First District rehearing denied de-nied niedWm Wm R Smith respondent VF Joseph Phillips appellant from applnl First District decKlon ot court below be-low reversed and 1 new cur tral er Jered Springviile City respondent vs rpn < ent James Hawley appellant from First District decision of district court reversed and new trial ordered oner Frank Vearance 8 Salt lake City from Third District Court decision of court below affirmd I n the matter the estate of S S Walker tho decision of the Third District Court wes affirmed N C Flygare vs Thomas Sfa loneyj ftom First District Court decisIon of court below affirmed Salt Lake Foundry and Machine Co vs Mammoth Mining Co bond on apial filed I J W Eaton of Colorado and I J McCabe of Washington were admitted to the bar The case of Spanish Fork vs C 8pn term Mortenscn WAS continued for the termMr Mr Crltchlow called up the application 1 ap-plication of Probate Judge ap fJ c Orr for a writ of mandate requiring County Clerk Cutler t Issue t him a warrant for lila salary a county superintendent public aQalre The order Is as follows To Joli C CuOer Ctt nf 15 CVji iaJIijtlCoja AiV Georze nBirteh b Tlnj tied In tbl eonrt hit atld uni petition telling forth that the aid aSianl la BOW and lnce the SJrd of October sa has beD lb diy apt pointed qualrfed and acting pnbate lucre tf ot Salt Luke IVuntj Utah Territory and oneneSs member of the countr eoan 01 lad eounlj that on the JOli dy of S overa ber l6J aldaClaiit iraa br reaolnttott of laid snooty court rfd Operinttod entof eonnir B lno Call Lake County wh < xe doll ihotld H > r > ntii < fe the rrrtlii eulon of laid cur t bare sod consent inperruion and control ot the pnblic baud ins ot lid DDt pablie roadiT and bridges and work done upon the name the I nj erTiion u and matstenaaee or aad pinpen tcae ad pnpn a peroat and generallr t cierciie prn use lupcrrulon over the ala of the a County > > tBbrla inlredor the Oonniy Le Court eiireMlJont the rla aln Cut e upon the eetttons or laid court that the aid afflmt undertook and performed all the dnue and rapontlbillUe or did appointment by naidConrt and that after wart to oil on the P doy ao Afrtl ae mint rendered to UitOonntr Court of oars bt Icbm Lake OounlTtlitnla re nlar aeMlon hU claim or bin for the errrces tendered In sal uuaate of said appotntmest Which blU woo duly IImie and venned br the oath Tne of affiant ai required or law and that upon the name day in open court coil claim was dplj allowed and approved bf said Court and that TOB Joha 111 CatlertheeleVtot sd Cant Cn onr todrow a wOITSeIedCatheeejneet51j5 C2I7 a near ot the mId natalie the cOm at I2OO33thefaIIamonnya5r0j i nr and that ron the Mid ioWW o fls by lee reftned and ttlll do refute in draw upon tbe trcuurer of Sat Xjte Counlv yiwr lmntfor the payment of the claim of nasal are referred lo though aften requested to t do and that twtlUoner haa no plain tpeedy adequate Tome iT m the premltei In the ordiiary course of late 30W theretore yon Joha C CuUer clerk or the teensy court of Salt Lake cu Sat lte Count iro hereby MUmaued and enjoined forthwith W draw upon the treianrer or Salt Iak County your warrant In favor of the raid petitioner George W lunch for the amount of SM2 In full ot the claim hreDbfor act lonb or In details there 01 toabe cue lor IbIS eun OD the tcIL of april teas a o odot om aah retn al e 10 do April Dine tall In open coon thli twelfth diyof 111Ce C S iVE Chief Jert Supreme Territory Coarser Utah Mr Cutler refuses because he is informed that to Issue such warrant would render him liable rnder llble t indictment indict-ment un ef a ruling of JudgeZane i and rent proceedings in the Third District Court Mr Moyle county attorney said he had tiled a demurrer but he wanted to tee Judge Hortch get his salary a he believed lie waa entitled toil toilMr Mr Varian district attorney said 1hat as the attorneys for both sides seemed t lie of the same opinion some one else should h appointed or the case deterred till the disposal dispos-al of the Imo question In cases where indictments had been dlJ1 Mr Critchlow opposed any postponement J ponement Judge Rartch was entitled en-titled to the salary he should not b put off IKXUUSO an indictment at teen found against some one for I receiving the salary The court appointed Mr Varlan and Cal Merrill city attorney t attend to the case in opposition to Judge Bartchs application as they were public officers Mr Critchlow wanted the case ilkposed of at an rariy date as the county needed the services for which the salary was being asked 11 Varian wanted time t discuss dis-cuss I as it would dispose ofa number num-ber of indictments f Col Merritt asked to b relieved from appearing in the I case as he wanted to see J 3gI Rartch get the salary and believed he was entitled to it It t itJudge Judge Bartch said the duties 01 the office were laborious and he had performed them since last October Oc-tober without compensation They did not belong to him as probate tb Judge If the Sc ont court bad no right t pay for services imposcdby law he desired t know It and he would no longer perform them without any compensation I I Colonel Merritt Insisted on being request released and the court granted his Mr Rawlins was asked t engage In i it but he said he was on the other side side Mr Varian I suggest Mr P L Williams WIlam Mr Williams in an emphatic tonet object tu t thesugicesion Mr Varian Well Ill try to worry it through myself After fomefurther cusionthc hearing was set for the first Monday in June Mr Williams called up the application appli-cation of F 11 Dyer for compensation compensa-tion as receiver in the suit against the Church Judge Henderson suggested Ihat as the United States Supreme Court would adjourn in May a decision would probably b rendered by that time and this court could hear the compensation matter on the first Monday in June This date was agreed upon and upn the court aJjourned |