Show For abating the liquor establishment establishment establishment establish establish- ment of ot the In Salt Lake Cit City who It was alleged ged had violated the law In that they were selling liquors In Salt Lake at re- re tall tan when the license which thich had been Issued them to sell at wholesale wholesale wholesale whole whole- sale only caused the Indictment of ot Alderman Jet Jeter r Clinton and the police police po po- lice officials who had sacked the Englebrecht establishment and poured the entire stock of ot liquors wines and beer bler Into the street for their action was described as a wilful wilful wil wil- ful and malicious destruction of ot property Acts of ot this character under the laws of Utah at that time permitted d damages mages In three times the value of the property destroyed as the law today fixes the value of ot metal mines at three times the net proceeds for the purpose of ot taxation The sued for lor dam dam- ages Alderman Jeter and the police po lice who were with him In the de destruction destruction destruction de- de of ot the were tried In the district court under the Indictment against them with the result that damages were awarded Englebrecht In the sum of which It was declared was three times the amount of or the damage In In- In l. l An appeal was taken by bythe bythe bythe the officers to the supreme court of the territory which body affirmed the judgment of ot the trial court The case was then appealed to the court of last resort the supreme court of ot othe the he United States HEMPSTEAD RESIGNS While this appeal was filed United United United Unit Unit- ed States District Attorney Hempstead Hempstead Hempstead Hemp- Hemp stead resigned and pending the appointment appointment appointment ap ap- ap- ap of a successor Judge McKean d designated Judge Robert RobertN N N. Baskin as prosecuting attorney Judge Baskin was the attorney for tor forthe forthe the and In later years was tas mayor of Salt Lake City CIt Judge Baskin was bitter against the dominant dominant domi domi- nant church as was wag his assistant General Maxwell register of ot the theland land office In Salt Lake who It was said had volunteered his legal services services services ser ser- vices to aid the acting district at at- at torne torney Then came a deadlock In the Third district court There was no funds to carr carry on the duties of or the court and this deadlock was continued continued continued con con- for several months The general assembly of ot the territory had made provision for funds to carry carryon on the territorial courts but the appropriation bill for this purpose pur purpose put put- pose contained a provision that none of ot the fund should be disbursed or drawn upon except by the territorial terri tern marshal At that time according according according ac ac- ac- ac cording to the decisions of the courts there was no such office as territorial marshal the supreme court of ot the territory having af affirmed at at- firmed the Judgment of ot the district court which had declared that t the e tribunal over 11 which they presided were wele United States courts courts' and that the they could only be governed by acts of congress which ousted the territorial marshal and the territorial territorial terri tern tonal attorney general and that the general gereral assembly of Utah had no jurisdiction nor could the legislature legislature legislature legisla legisla- ture prescribe rules rule to vern them FUNDS REFUSED In view of this there was sas no one who could draw and disburse the fund which had haIJ been provided by bythe bythe bythe the legislature William Clayton was auditor fo for forthe forthe the territory United States Marshal Marshal Marshal Mar Mar- T. T M. M Patrick who asked tn toe auditor to issue warrants Upon the treasury treasur of the territory declined and arid further furtherS he refused to sanction any payment of funds to any anyone on one not authorized by law to receive them The comptroller of the treasur treasury treasury treas treas- ur ury of the United States likewise refused to honor or audit bills fo for forthe forthe the district courts of Utah except those Incurred In settlement of or business business bus bus- iness bess of ot the United States And thus matters stood in the Third district district dis dis- dis- dis court for several se months |