Show MARTINEAU LOSES JUSTICE COURT SUIT Supreme Court Upholds Validity of Law Passed at Last Lasi Session The writ of prohibition filed by L. L R. R Martineau Jr justice of the p peace ce in III the Salt Lake precinct involving the tile validity of the law passed by the last legislature legislature leg- leg v providing for two justices justices justices jus- jus tices of the peace in cities of the the first class was denied and the constitutionality of the law upheld in a decision handed down b by the supreme court today loday The writ named as defendants In Inthe the case A A. A H. H Crabbe Charles F. F Stillman and Jesse H. H Wheeler county commissioners s. who had ap appointed appointed ap- ap pointed Brigham Clegg as second Justice of the peace In the Salt Lake precinct subscribed b by the as new law The decision of ot the tho supreme sc court S-court court urt upholds doges doge's appo appointment and and sustains Justice of tho the Peace Cleg In that capacity Ju Justice tice Clegg will be empowered to pro proceed eed with his court work as though nothing had bach happened as soon as 88 the case Is la handed down in the specified time In asking the writ of or prohibition tho the plaintiff asked an act amending section chapter 6 B of ot the compiled laws of ot Utah Uta 1907 1901 relating to Justice Jus jus- tice lice of ot the peace and constables In Inthe Inthe inthe the cities of ot the first class and providIng providing pro pro- viding that causes of ot action arising within the limits of or such cities be commenced and tried before such Justices fixing the qualifications and salaries and for the fees tees of ot such justice Jus- Jus Uce tice courts The new new law Jaw which was involved d in the writ of t prohibition states that cities clUes of ot over population bo ho dl- dl dived hed Into precincts by the county commission and that two Justices 8 shall shaH be elected That while white the act as approved by the governor gO bore hore an emergency clause making It effective at once one of tho the issues of or the writ was WOoS that the Journal of or th the senate showed that the tho enacting cia clause use had been beon stricken and It contended that the county commissioners acted under the emergency clause of ot the act ut be before before be- be fore the expiration of or the tho sixty days required had el elapsed making an appointment ap ap- ap- ap at al the tho time when the act would have bave become effective without an an emergency clause The court dismissed dismissed dis dis- missed the Issue with the contention that It Is a academic and has no bearIng bear- bear lag Ing on the point at Issue The act was attacked a as RS to lt lbs valid validity It on several other points among which were that th It was sp special legislation where general l legislation would ud serve the thc p purpose that It Il vio- vio jau latea a tn tac constitutional provision prohibiting changing of compensation tion of an elective officer during the t term rm for which he Is el elected and that It was class legislation In that It p p- p plied piled to some cities clUes and not to others In han handing Ung down the tho decision tho the court quotes numerous us authorities In p r support of oC Its contention and holds that the legislature had hOod within Its authority the power to pass such an act |