| Show JUDGE CHERRY IS Attorney Ferguson Objects to o Rule of Court Governing Jury Trials SAYS IS S uNCONSTITUTIONAL to Try frT a Sui Stilt for or the lint Itee Iee Wis Sot Not laid aid Jul Iture Vase e u ae Ferguson n one of oC the alo neya nera for pLaintiff In the cue case ot of George Nicholl Nicholls vs 1 the tho Oron Oregon Short Un IIno Railway company applied to the Sir au thIs afternoon for tor n a Writ Irem Promo court of at mandamus directed against JUgo Cherry requirIng IrIs hll honor to grant n a h the action In his hll petition sets Mt forth that on Saturday 3 the action re ne erred to Wa was called by Judge Chery Cherry for tor the tho of having the tho lame caDre ret for tor trial Petitioner rays that whorl whon the 01 eade wu WAS called lie he demanded L a jury orlly orally In oven open court anti at al the I same Je time handed the clerk 5 the amount amorini ot of th the jury te fee required by la law JudIe Judge Cherry Petitioner says refus refused the do aD aol e that the CIC case would bu bo trie tried by the Iho court u a Jur jury and would b be Id set at the n next let ot of the rU cares I giving 11 err U a reason that tha t the jury leo fee had not nol b been n laid 10 five days before the setting 0 ne re ne by rule 9 0 of the district curt court Attorney Ferguson says as he bellet the rule II i voi void and in contel with see ee Uon tion 10 artIcle I 1 ot of the State Const Conti and he asks for tor an onion ottha of thu tuto requiring Judge Cherry to 10 grant his client jury triAl In accordance wih with his rights Nichols Nichola suIts against t the Oreon Oregon Short Line Hallway company compan I is to r re recover cover coer for tur to hel The curl court Issued an alternative writ made mado the same returnable March Cases The SUI court beard arRum arguments In the following ca cases e today antI and took tIre the same under 1 E M Camp vs s Fred Simon ot ct nl aI apa ap J W V Owens Clark vs Joseph Joaeph M I Jen oen aen appellant 1 ft J 1 appellant vs 1 First National Dank of tire RepublIc |
