| Show r ELECTION DECISION fall Tent or the Suprema Court Opinion in the Ritchie Contest Till LAW IS COSST11111IONV Court Holds Hut Nail I of Plat illfii IIJ cllom w r MU1I I nil Ili Application fl Writ lenleJ IMIowlne 10 I the I lull I text 01 LLD S interne court opinion In the much HI > otpd election contest case of Morris It Hltchls vs the t Slain canvassing IIDUJ as partially pjbllihod lu the > IW3 last evening In the Supreme Court ol tho State I Dl Utah September term 1S90 I Worrit L Kltchlr plalntlU vs Mor I cnn Hlcbarde state auditors James I Ublpruan Stale treasurer and A C lllslior attorney general 1 board of canvasierr j defendants Zane C J j The plalattn i la one ot the Judges ol the Third ludlelal district of tnu State I of Ulan appointed by UIB Governor I luJnuu lit to till n vacancy caused I by the resignation Judge JjeGrtnJ I Iounr whole terra of cUIco extended I to Ibe List Monday ot January 19U1 I In pursuance ot au entitled An net relation to and making sundry provisions pro-visions concerning elections In totes April 5th IBM Bear 1 Law Utah of that year pane 309 and of an Ret In i relation to elections defining i flicsos against tbe nine and providing pun i lbraeut therefore In force Mnrcti I i8tb Id page 183 a general elietlou was held on the 3rd day of November of that year at whlcu a person was i I elected 1 oeJ 1111 the i vacancy to e dw by the plaintiff The plaintiff asks the court to Issue I a writ problblllng Ibo deeuJants from canvassing the return ot the election of his successor held and conducted according to those laws The plalntlll Insists that tbcy ore void and that therefore the wilt should litue The Journals of the t Itsltlature do not expressly show how tile votes were taken on the final passage of the blllt but the plalullil Claims that the entries authorize the Inference that they w viva voce the fact Is I entered upon the journals jour-nals ot Ibo respective homes that too presiding olUcer of Ibo house over which be presided signed both tllli It Is cuncodou that the bills were roperly em oiled signed by tbo pres I ding clllcur of each house ana approved ap-proved and signed by the governor and duly filed In the ifllto ot Ibu secretary ol State The defendants Insist that hue bills autbontlcated should deemed complete and unimpeachable that soon authentication furnisher on cluilvo evidence that tno JjeglslMuie compiled wllli all requisite cooitllu tlonal provisions la their enactment and that they were duly enrolled sliueil approved mill deposited In the public archives Section 14 ol article 6 of the t Brain Constliliutlon declares that Each house boll keep a journal of Us pro cee JlllRf blah excels In clues ol executive seiilons shall 10 I publlibed and toe yeas nod Days on any lines tion lIDO icqutst ol five members of home shall Le entered upon the Journal Jour-nal IhUsirtlouriqjirts the jeas and nays ui > 6n any question to bo eo < tereU en the journals upon there the-re no of five member Tbe 1 urposo 01 this entry onw to te lor fuiuu referee and IubllcnyIhal Ibo members may act under a conscious nUll of their responilblllllly lu tbtlr constituents aud to the public Btcllon 22 ot tbn same article pro vldtf II The enacting claiuo el every law shall bll lie It enacted by the Legislature of the State of Utah end no bill on joint reaolutlon ball be I page 2 it txiept with the n > cent ot a majority ol all luo numbers elected to each house ol tire Legislature and after tt bas been read three limo The vole upon the final passage of tbe bills shall be by Yea atid nayr and DO low shall bo I revised or amended by relerenco to Hi title only Lot Ibo act as revised or flection ca ntueodei ball bo reooacted end published at houillb10 This l section proscribes the enacting clause uf every law mil requires Ibo akseut of a majority of all the members leciid to each house thereto after It bas been read three timer And a vote by jbasnud nays uiou Its Ilual page and forbids the levisloii ol I buy law by reference to Its title but requires tile act reviled or section as amended to be enacted and published I length This otcllon docs not ex II I pntsly rtqulie tbe yeas and unje to be I entered on the journals nor doe Italy fly what means the acts specified b Ube I U-be evidenced Section 24 of tbe same article declares I de-clares The presiding otllcer of each Louis In the pretence ol Ibo home over which be presides ball sljn all i kills and lolnt resolutions pasted by the Legislature after Ibolr title have five publicly read Immediately before signing I sign-ing and the fact of such signing shall te entered upon Ibo Journal Tbs socllonmiulreilhe title of each bill pnnd to bu publicly read In the pr n of eaoli house aud Ibo bill to be then clwal and tbu toot of signing to be entered on tbe 1 journal Ejection a of article 7 of the same Instrument far as oectttary to finale It I Is Every bill passed by the legis 1 lature before It becomes a law thull 10 I presented to tbe Ooveruoi If lie approve ap-prove lie aball sign It and tbereupsn II ball become a law I This provision In eflect ssjs Ibat every bill passed by the legislature i becomes a law upon being signed by lle Uovernor Hut It does 1101111Y I bow the passage of a law shall be 1 evidenced CoDstltutloual provisions prticrlh I JnK modes ot enacting laws should be ibiervid But whether tho Proof of lucb observance uoniltln cf tho I enrolled en-rolled laws deposited lu the cllKe of Ibo tecrctary or stale duly signed by be presiding illlcsrs cf Ibo respective nouses and be approval and sUuuluiu I it Ibo Governor or of the tattles found so the Journals of tbe usfeclive Routes furnishes a jutttlou as t > whlib be courts of last roiort In the vatic lie titis dlHer Objectlonj lusy I lu urgoi I o either I moo of proof Mluu ei aid aniiuorood may not alnajs be cor I ala al transcribed upon the Jumilf nd the minutes and mimiranili ore omitlmts made droll circumstances I of lalculated I contuse mud distract Ibo 1 tttullou mud to divert it from the milLtn lu band llllli they some Jose be enrolled aud signed uy pie Idluz clllcers and approved by the uTerij t that bave never bteu duly W posited llther source Is suljcot to HOMlhl error Cciiru Anil lavytr will I U ftsr as In Vii In the sultrl belt source hI f Information However when itatuln lire I ublljhed people hare hair I Sell 0 tit and cjnduct with rujcot to tcemtbey Incur Oblige tone acquire tights find ul < onarc dams iu reliance upon them It ucn alaw 10 any ltsttoifshouI mm out lobe void bectua noiue 1 Ieflul Dinner ot JoeL Joe-L utiou linit unt bieu obtervod In I l1k tn sair great lijusllce would In lively toollow Wunml regard this enrolled 1111 duly tlEiivif approved and deposited In run public nrrhlvo ae a lucre arctptavlo and convenient sourco of nuibenilrallon and J II re tentil 1 to loot I liable to OVFIIUNI law and quit its Iliblo at ti the J luriiali ol Lbo two houtts Ibe eupfi Ito I-to Lu ruiuiied to raniaiU tuci I I urcnld tu MOer n u it b till A r Unt Uae btuu duly rae 8u1 I they uu not 10 1 tupctto I uuj si N r ebtu d lawyers be ore nV Ini clients bo required re-quired to haii i Inch J uruale blnlu tory eusclmeuta should rot dvpctiJ Pool vlai iinn each a sandy and uncertain un-certain foundation If a better one can ho Iou no We ate of the opinion that tbe enrollment en-rollment bill duly tliincrl approved anti del Defied iu tile kIllcor ol Inn ticrenry ol stato Is quite an rtilablr and mote Acceptable and convenient than tire border or the absence of entries ul legislative action which may be found on the Journam 0 tbo two houses And If relied upon a unimpeachable will be less liable to overturn law ucon which tire people 1 have relied Hud under nblclj they have acquired ell Incurred obligations sun lint 1 formed dutict Ies liable In Ibat way to cause litigation mud confusion The question Involves Considerations ol publlijollcj lnL > Uen > vjUuflmtn a Ute caso decided by the Kinlucay Court of Appvalr the objection to tile law nor That ou the I flaal passsia the Hat H-at of the bill as amended In Ihe Other House Ibo vote nss not taken by yeas aud Urlyrlp Alter thorough examination examina-tion of the question similar to tbe otic 110IV under cn1ldollon anti tile curl said 11rom every point of reason there forrwe are convinced that the enrolled bill when attested by Jib pnelJIiiK cQlLers us Ihe law cqulrcs mutt Lo accepted by the courts as the very bill adopted by the legislature and mat Us nioae of enactment was lu conformity tu oil conit tutloual requirements When noaulbeotlcaled It imports ab nature verily Sail Is iiulmtacheJ ly tbe Journal When WL look to thn outuorltles we finds as Indicated U lore a attest diversity of opinion They are too uunetous tu be reviewed here Wo notice however that the more recent cases are adopting the iPHllfil rule and boIillnE I the enrolled bill 001le1u1 Ve In vetis l of the caite where tile I courts fell constrained to follow their former itillnr hoMIn HID journal competent regret Is txprosied Ibat a dllleiout rule had not prevalltd Two Lawyen Reports Annotated page 203 male of Nevada vs bwltt 10 Kevadl 17u rati bjru va Vouuir 1J N Y 29 Hhermau vsHlory M Cal > aIn a-In Field vs Clue 14t QH 04J Iho I court alter etullui toot u was not necessary lo decide lu that case to what extent the valldllY ur legislative act may be affected by the allllrlo enter ou too Journals matters which tile CoDauttillsts expriesly tailuires 10 bo entered ud Ibo 10UOWIU Ian gllIIlbe I ollllt lIy I the Sileei of Ibo llcuieof Iteprereotatlves aud by the IreelUont of the Senate In open sis lion ot an enrolled bill Is an ofllclal attestation by the two houses of such bill AN one that passed Uougle Ills a declaratiOn by the two houses Ihromh I their residing odlcers to the I Presidents that a bill thus I allIed allI-ed bag roclved In duo form the sanction cf tile I legislative branch ot the government and that it Is I tlo livered to him In obedience to tort constitutional rtqulremcnt test all bills Which pats Congress shall be presented to him And when a bill lbu attested receives bla approval udl Is du 1 posited in tbe public archives Its authentication n bill that has paired Congress should bo doomed complete and unlmpoachablB 0 llarwood v Wentworth 162 US I 547 I 547Ibe constitutions ot many of tin t states expressly require the yean and obeys on the passage of a bill in wall as other mattors to be entered on the Journals while the couslllutloce ol olber states do not expressly require such entries The decisions holding that the court may lojh beyond the enrolled bill In the public archive duly signed and aporoved 10 I nearly every Instance were made In states whom constitutions expressly required such entries upon tire Journal while the decisions with some exceptions holding tbe law duly signed and ap proved I In the I public archives as un Impescbsblr I were made under oouill furious wit requiring such enlrlts There alP however WWI considered Cutts that bd such laws so deposited slgaed aud approved conclusively authenticate thougn constitutional provllloD expressly require such entrki be msde on the Journal It Is not necessary for in to no tint I t far In this cam at constitution does not expressly rebuireeuch entries to be made except wLeu demanded by five member nod that entry we have seen tt mainly for tbD purpose of publication LoRlish statutes found In the prorcr custody duly jnutlnutlcn ol Import Absolute vert such has be tin the common law 01 Knglaiid from early tlinel The statutes lu queillcu havli s been duly signed upprovtd and depol lied lu tilt illlieoflhi tetretnry o Half stris nlIl LO rlmlvely I mumn Itoonstitullorul I rtiatiitlt wire complied with In Ibelrmatmenl I tis also cltlmrd that section 21 of fin act In force March S 1600 tuprs is void because U 1 coclllclB Mllhtft tlonS ol articled ot the Slate Conl 1 tattoos I wliunrtajt All nltcllous hAll bn fly necrol ballot > othlnglu thli section hall tilt C3iislrued to prevent tho u < u ol ncy machine tr mechanical Lontrlrauco for the purpose of lecilvliii and routir Ing the voice 01 lit any tltcl c pro vloeJ that secrecy In voting be ire eervtd Ills couredol that Ibis section re qulrei a secret ballol but defendants imlm tuM the tatuliii prOVId I Cot for a rcret tllot I Ibo portion of section < j objicted to is at fall Uirsi Too ml cur c-ur clerk shall Irumodiatily write toe nauo ut such v ittr upiu IUD poll list I lied thnll take Ihe ballot ol Fuels voter and number II III Ink In ouocaro Ion the top ttienuf lu uh Manuel as not lu upao or allow bow tn voter Jose voted Tin same to bu numbered 111 the ardor In which It shall Lu reo cvled consecutively an I lo I us to rot alit Ihe ajrner to bo lurni a and posted i diwn with miicllazr I which I I shall I then ha done sotliat tho uumt trlw not there f I alter I visible mid tucu teal shall only bubrokculu I cite if n contmted alec II i tbn Flail the anus number shall Ile rtcuidrd i7 Ills tliUlon I JuJgu or clerk nr J tg I on the tin J i f v tern I burble the name ot such voter 1 Without t n violation of law no Drift can titccrtsln from lull niinitnriiiK fur whom any cltlztni tile voted without I contest ail then tile CUIt or trlbi not before whoui the Contest It I conducted I con-ducted should only allow token Last by I pmous who Art lot legal 1 voters lot lo-t > eexmlucj and I airline casting such vole cannot heist I upon secrecy If I f a I erion succeeds KOttlui all Illegal ticket I j toe bx caunol Lo Ihr wn out without identification Bud without with-out thu number ur some other cbsrsc lor Dr milk upon the ticket cannot beideillllid Whin tbu name ol a person 1 wife loss cast an Illegal ticket Is I aictitalned and Ihe I number li Irarced from thu poll lint some iiiitliorUui person mutt open Ibo box and truak the I funs until tile right number la lounJ but until that one Is I reached sucti person his cu right tj uniuinii bo names on uny ticket The lIum bar bologna the the corner It would nol bu firii n4jr would It lie lawful lot him lo examine the names en may lawful ticket t It It should lecimii necessary lo count Iho tickets In toe box It would not be rroj er to break tile seals sea examine Ibo number Ur that purpoet It Is clear that ru titnln tlon necessary tn u contest cannot dhclco for wtitm any persons except Imuulent voters bavo voted without a violation tbu iplrltof tbe law Wocaouotjre Inal the mothers or tile Uonmllulloii Inteude to n > vont kctlon contests to prevent any puceeJIon by wbkn ballots east toy lllejal voters dm be thrown out the method devised by this 1 law JlILrv legal sec ecy Then The-n t of the convention must have C tt known that election I I t contests I were permute In all the Haiti and that ILey lie iitmed uoctesary wherever EY people express their will at the poll Juitloiihould ba pLnu ted to pursue fraud even Into th Lai o bjx KJ man should bonllowiJ to bold an clllcu obtained by corrupt or Illegal i vote lo prevent It a numbering or 11111 is necessary 10 same cli is ocllouoa Ly authority Hodges VB JAY 0 V 100 ill 277 Jedtietter ve flail o Mo 4j Vett vs Hoe 51 t Mu ijO Willie wo am of Ibo opinion tbat u law might be trowel permitting an election contest and bettor adopted 10 < tour a secret ballot we are ul iosJ 10 bold the prevent love valid notwllh tandloe this nljeo Ion IheplalntlQ insists further that the subject uf tbo act tn force April Stb upra is not clearly expressed In lit tlllr and that it ooctalua more than one subject nan that It does not conform con-form lo section 23 or article Us ot the Constitution whlci declares that except ex-cept ceoeral arproprlatlou bill nod bill for the codlllcatlou and general revision of law no bill shall paia conJoining con-Joining more Men ouo cutjtct which shall be clearly expressed U Us tltleJ Undoubtedly tills Provision requires the subjects 01 all LIII not Within tile exceptions to bo clearly exproieej In their Olives And Ibo title limned to ono subject Such limitations were not tublect4 Imposed formerly on legislation but I observation and experience nave demonstrated J necessity for tbelr aptllcallon It la belluvtid that such restriction lend to prevent hasty lu considerate Imprtvoruuut aud sometimes some-times corrupt legislation to tile detriment detri-ment of tbe common good Theotlect my bu a general ones however and it 1 may bo staled lu team eulllcleritly compreheuilvu to embrace every means and end necesiary or con veDleDI for the accomplishment 01 the genera purpose Their I UrIDO 10 Dot fragmentary Jeglslalli however nor will tbey permit subjects to be lu chilled not connected with tbo general purpose not ueecieary or convenient us a means to Lilt general und Tile title ot tbe act In question la I expleakeditsfullolli Au aol rolthl to nod making sundry provisions concerning elections The title ae expreiso1 Indicates rovliloua I relating to or concern In elections elec-tions It rates a feceral purpose It Resorts that the entire act relate to election stud that It 1 contains notify provliloo concerning nice tloue Iu that way the tltlo describee the act aDd the provisions It con tame The elections which the net concerns and for which It professes to llb make nruvieloo mtg dolucribel in gen I eral teriar broad enough to Include all elections special and general elections elec-tions to Jill omce for the term or to till a vacancy thus the subject Is < z created and wo think lIlt expressed with nuillclcnt clearness Cooley ou Conit Llrullktloas p 170 172 Teoplo V Maliancy 13 Mich 431 Tutlll vBlrout T Mluu 115 1 This brings us to the further qups thin Is the act wbat the title mayor It Is I nud dolts provisions concern eltctbot Two 01 Hi sections no will consider with risptct to the till Section fi Is S DB follows fill a vacancy occurs lu tile allied cf judge ot the supreme district courts secretary of state Hot auditor train treasurer attorney general niperlulemlpnt uf public instruction the uovornor shall appoint a person to hold the office until triO election Sol qualification of a tuc ceior to fill tile vacancy which election shall take place tt Ibo next tticcetdlug general election and the I person to electod shall hold the tlllco for the remainder of tbe t true plied term I In can ot a vacancy In either of tho t edicts mentioned this section makes provision for fllllug election at this mxt Succeeding geusral election find rjqalres tot coverts to appoint a i itBOn to hold U 1 until that time Iho llovl > loa for thin election ol a person 10 1111 the vacancy lit I IndlcalIl by tile title nt Iho net but tno provisIon provis-Ion for anrnlntln in Incumbent In tin meantime It not Ihu roncril I PJrlou described tho title InciuJM tile election but does not Inoluitutho rii a intent rbo provide fir the election < i valid unites It conflicts with orotloii 10 nf article of the Constitution lull provision for an election will Ira counhloretl With re React to bull section 10 further oil Hut the pawer In ap olut n persists to boll I thoGfllse H con nrrml upon thr Uovrrunr by gecMon lu of the cjantl lotion mentlonoil and the Invalidity ol the provision fur iuc1 npiralntruent because be-cause It U embraced in the t title of the act It Immaterial It also appear In fiction 4S ot tile cot under dlscusilou that all ai polnlUu Officers In cold Cliffs aud towns shelf hold their respective cilices until their Biircemors mull lo si pilnto and quolllloJ This section dots mt rejito loolcUloB nor doe It consider elections there uro the title does not embrace II 1 ho other trovlni J ins nf the act ap pear to relate to lot throji are there lore valid ft > far at they depend ou the title and 11 IPJ uio ellec by those held tobe vold If the 011 Is broader that the t title the rule JR l lust the provision InJI cored by the title miy stand while thoou lot ludloaleJ IOUOI laU onto 0 they eta so dependent on each other II I I that Itivy Ila front bo execute I ear I I uly Jouey ouUon > lllullot > > l llmllallou I p 77 6 ai An wu have Been this In tire lint I term a union of Ulitrlct Judges under the Cnntiltut und that tnl term extends Ihu first Mondaj Jan I nary IMl and that plalntlU vat ap ginluted lu Julie that 10 urcord Judg Young who hu resigned and fur that question In this l came Its cm he bold uutll the end ol the term tin the I first Monday in Jaou r 1101 or until the iiitallfloollou of Ihu I person who vat elected In pureuitnce of see flail u Mipra on luo tril day u tlvembcr last If Ihat I section sec-tion governs fits eurccrsor WM I duly eleted at provide by laws aria upon hit qualification the defendants r rill lo tIe oHlga vlll I bu ot once teriuluatutl I Whether it shall govern ciopeuJt I unra the mount tf section 10 ot article 7 ul the Constitution Inat i section reads at followti Ibe Governor shall uomlnrlonml by ana w th Ibo consent of the Senile appoint III liters and dlolllt clUee I whaioclllotaars nslabllnhed by this I Constitution cr who I ch may bo crejlcJ by law anti whose app01nlmout Dr election la I not Drum r wlea proUed for If durlii the I recess of tho Senate a vciucj occur lu an state or district till Llbu Governor shall appoint some lit person 10 discharge tire duties thereof until Ibu I next inietlus ol the Bennie when bo shall nominate some person to fill tticb ollloe It the allies uf r Justice of the t Supreme or dlitr ct court secretary 01 states state oudllo state treasurers attoriley general or urrloleodenlol tullJo 10lruclloo bo vocatcJ by death resignation or otherWise other-wise it shall bu The duty ot tbe Governor Gov-ernor lo 11II1 rho 11111 by appointment and tile appointed a It bold lilt dUe until his KUoceseor baa been appointed and ijuilltlod as by law provided This action Is composed of three distinct cluusrs cr provisions The nfl makes It the duty of the Cover nor to nominate mud with the concent ot Ibo Senate appoint all State and district oBlern whose olUoot are ct Iabll8bed by the Constitution or which may bo cranial by laws anu whose appointment ur el cloD It I not otherwise provided for I n vacancy occur lu any Share or district onice i dhtlOKlbo recess of the Senate the second clause requires Ibo O ova that to appoint an person to discharge the duties ot the clllca no ill Ibo next meellnz of the Senate aodl then It require re-quire him to nominate a person to till the plllce 1 Ibe lilies of Justice of the Supreme or district court secretary sec-retary of state Stile auditor State treasurer attorney ccncr l or super lulemleui I of public Inetructlon bent como vacant Ibo third ndll claul nt the section makes 1 Ibo duty ol the Governor to IIII the same by appoint Ill 11 nt I 1 prnvl ie tual rur > ai pni Up Mull in u tl i n1 un II Its inn ce or hal ttH t iilij flu lilKuan pruviaell hy l Inn I uruttlos n Ugli I latlvoonaeimeut Was pnntcraplitcd In I tin ilituccenf soon I law here I wouid be l Lrenuorco In the claim that such apjnlnttn would hall until the Kriieral elcctlou tu nil tin tlllco In 1011 anti until the iualillcnlljii uf Mich pro or a euctntor tfior that time I I ul EO much of eccJou 5 of Ibo Met 01 April Stbabovii quslej as re latin to elections woholu 10 bu valid tl must Li field la jovorn Iheplalullll alto Insists list ballots I Iepod Und piluteil Hcuiielmg tu rho net of ilarca S above m IIlnnoJ 1 and exoluttvely utuJ ut the N vciulur eltclloi di nit ullirl eipmi faullules luvolotonll viI tci taut a hollot miy bo rant fur pry emi lutei wl h less i fllcullj firsts for those nJIdatre whir Drove nu cIom oa the toIllot tu I terettDt Iheni tha a partttan can i voluca lerllutu I nn lid cuduul fall 1 unit that Ibu low uuei nut oitialu 1 ijjilly I andunliormlynu ml 1 voters U Is I Hue I at Vivy oral z floor Way by tbu ubvrrvnncu in ceriilu ru iliilronieutB Imvu thu iiamc i their einuldou mij ihslr ettb cm rluiud nn this 1UII whllo ollleV c ndi tatra ire lelldred to obtain the tuuatuiet ul a rpeoillcJ iiiralerof voters to a curtlbcnla bclorn their I would cm Lt printed on tile ballot Atilt by B latly plaolol a erol opposite R arty I em blew n veto my bn cast tut ail 1 I lie eadldleol a party whlo 0 vole loran i lor-an number 01 codldaw at I I party lees trial nil ftn only Ie I Ivan hy lit CMO owolu Illt 1121110 oil enell conol dateauil If a voter wltlno in COlt n vote for a candiilutu these name la not ulll hi l nblli0 lu wrll tile natun uu the ballot an I plAce across oppce v to itOi Oi ccuriu tbu voter should le allowed In terfurui title duty with Ibo lean d Iflculty and inca Tea run r VD 11nl with all lIouest bit lair eelou uo IIIUOcOor lldlmont or 11 etravenhintoehould fits Ifirowt 10 of AWay A-Way wnIhe llm > it m lojets to itCLrro tu < > voting ettalynt tlckele jul lu tit > cjuraiu ludpeu enl utlug which some think to l an injection Ibu YI few fiat IU merutui well HI ilfruvls Bud tire Je2iPltlvo l l department of tin Htnle government ban soon nt lu Us wlJOW lu eneIIH law aria im do riot 101 uthorlzid tu oyttfurn Ibt Ioplt will no UI reouJ 1ODib Hint I body In tilt JKw I Ihe court holJn lint none of the various Objections timed by Ibo plain till Is I wel foulidej 1yetuerefors IIly the I application apllICAloD for tbo writ 1 concur In thu rein t anJ all tile icparalu opinion llvincjiJ Ill Mil J Clncuis Iu the reboil b110N A ISOSrl Following Is the oplulon In the Sionton hahuuii corpus iclullng tu tie rulutalot Mr Btuutou tu Issue cite i oil cerllflcatK rihcrlll Xaae C J dVThl thjrlesl Htauton vs Harvey list Ihln Is a habeas eor us procoodln instituted lu tins court for me purnotu ot obllllulm tile I release I uf I the plultitlU from Imprliuumerit by IUD defendant In ot writ lu his purtuinto a hands no sheriff All tie material lolnla I relied Uou by tbuplaliitlll fertile itlsohiir ur 0 decided 111 the 00 ol Morris 1It the vt Morgan llieuarde it al ai will appear ap-pear from BU examination nf tho uptt ion this day riled Too application for the writ IB deulid and ts in plaintiff It remauJul lo the custody rf the therlU until discharged according h low I lowWe We concur In lire I result llAUICll J MIMII J |
