Show JUSTICE OF PEACE LA W ASSAILED BY BYLA LA LAWYER WYER V County Officers Restrained From Enforcing Decrees of Brigham Clegg Officers of or Salt Lake county are temporarily restrained from carrying carrying carry carry- ing out the orders of ot the court o of Justice of the tho Peace Brigham Clegg in a writ of ot prohibition signed by Judge George Georgo G. G Armstrong of ot tho the Third district court toda today The Tile application application application ap ap- apI ap- I of or Frank Scott attorney for Mattie Mattle Davis of or Bingham for Cor a I permanent writ of ot prohibition makes I the new law giving gl Salt Lake City i two justices of the peace look like a sieve is tho the belief beller of lawyers First of ot all Scott ch charges that pro pro- proceedings proceedings instituted against his client to collect rent before Justice Clegg before the new law took effect According to the application the proceedings were started April 29 by Max Brisk That the act of or the last lost legisla legisla- legislature la laturo ture turo did not become a law until May 11 IB is the contention of Scott Ho lie I I outlines that the tho bill was passed by the tho le legislature March 11 and that it ors originally nally carried the emergency clause making It take effect on ap He however points to the records of the last senate declaring that the thc emergency clause was n u uI uon r I stricken on motion of Senator George I Dern Jurisdiction Questioned I For this reason ho contends Clegg Cleg although appointed April 14 b by the county commissioners had no Jurisdiction when the suit sull was filed Ho contends that the act could not become operative until May 11 sixty days after the Ote passage of or the bill The suit against Mrs r Davis was started to collect rent and eject hor her from a certain boarding hoarding house in hi Bingham A Jury In the court of ot Justice Clegg according to tho the pa pay papers pers porn filed this morning gave Kavo Judgment for thep on May 26 for and costs This judgment was later reduced b by Justice Clegg following a motion motion mo mo- tion for a new trial to 78 rS without without with with- out costs costa At tho the same sarno time a n writ of or and a writ of restitution tion lion wera wor Issued by the lower court courtIn In his application for tor a writ of or prohibition pro pro- Scott declares that it is entirely entirely en en- without the power of a Jus Joe tico tice to chan change o the Judgment entered b by a Jur Jury Scott has further complaint to offer concerning the proceedings inthe Inthe in inthe the Justices Justice's court He lie declares that two of the Jurors who fixed the first Judgment were never no sworn S by br the court Unconstitutional Charge The attorney questions the constitutionality constitutionality of tho the law Riving giving Salt Lake City two Justices of or the peace Ho He declares that it is unconstitutional unconstitutional unconstitutional because it has more than one subject because it makes a special law w where a general law would suffice suffice suf sur fice because use It is an on act designed to regulate tho courts of ot Justice and andI because it fixes a salary for tor forthe forthe I the Justices of the pea peace co contrary II to the provisions of the constitution Scott asks that the officers of or Salt Lake count county bo hI permanently restrained restrained re reo re- re strained from carrying out the orders orders or or- ders of or the Justices Justice's court courtAt At th the present time no court Is being held by Justice Clegg the constitutionality con con- constitutionality of or the law being under I Ithe the scrutiny of ot the supreme court cour |