Show HIGGINS BUR BURTN 1 N CASE HAS 1 I 1 BEEN PRA practically ac ALLY SETTLED I 1 s no cause for action is 19 tithe the legislative committee I 1 decision ago ifft tat tho the ot at william 13 higgins of for mor district attorney of tho the illi Is erict for tho the impeachment of J agu ge thomas 11 burton of batago go i of that district which emil I 1 cos washington iron beaver juab oid millard counties count lea was announce anno unco in 1 11 a report made to tho the ho 13 1 el yesterday 41 afternoon after tart noor 6 by tile tho committee on judiciary jud c ary tell has be been en making an all the burton case sanco I 1 A u ary 14 J i when the report was pro ted and read there was no I 1 on the she recommendations ma badt d on motion of hamilton gard neair air man of the committee it was da daled led to defer action on the raper bill next tuesday aate afternoon it the committees report Is opted the higgins burton will be dropped as far as the faatu legislature Is 18 concerned and nn dhere there will bo be no further investigation or consideration of tho the charges chang anade ade against judge burton p the chief recommendation at g the committee was that tho the petition V on IV 0 and that the house do roe parter arfer articles of impeachment against julge juige thomas H burton other recommendations are that mileage and witness fees be paid to 0 yr mr higgins judge burton F J i schultz of st george IV W olaen of 11 price rice and J AT foster of codar cedar I 1 city and that the petition and affidavit of mr air higgins be spread upon tho the house journal tho the committee report which la Is signed by mr gardner says saya that the higgins burton controversy was considered nt at eleven meetings after telling of the committees pro pre limin tary work and a decision not to hear ex parte evidence the report continues 11 in ili his affidavit higgins stated ten grounds which he thought ceru ample causes for impeachment only one of which did the committee give any serious consideration as follows 11 b that judge burton ble illegally gally and maliciously to have mr schultz discharge william B higgins and willard hanson as his attorney by speaking personally tu io mr schultz to this effect by preparing I 1 a letter ot of di discharge tor for the signature of schultz and by a formal order of discharge to be 0 filed in the case tho the regarded this aa the tha most serious matter presented to it accordingly it heard tho the issues involved tho the following witnessed witness ew on this pat point nt william 13 fillmore J al foter coder city willard hanson Ha inson salt lake city J H mcknight F J schultz Sc bultz st george W W olsen of price t D H morris st george wll wil liam ham F knotx beaver and thomay ir burton in addition the committee had before it the sworn affidavit f gordon cardon aon whitehead st george utah the sworn affidavit of george geore B lynnr cock cedar city tho the bill official cial record of at the entire p oce edings of the court and other documentary proof after after ca carefully considering all anu evidence pertaining to this matter the committee considers that no corrupt motive or braction action justifying the impeachment of judge burton Is disclosed however it doea appear that the defendant F J schultz Se hultz repa wat leUy edly solicited judge burton out aado 3 de of court to hasten a settlement ot 6 the he case acting on such tau lau and j moved by a desire to settle the matter as rapidly as aa possible jiing budge burton did ai attempt io ao effect a settlement aa betheen tb 0 part parties bartles les there abere Is no evidence upon which to pre a finding eluding that judge burtin attempted in any way to inter fre with tho the relationship 0 at schultz wid his attorneys judge burtons bartons Bur tons etkins in the schultz case may havo have been indiscrete but they were not impeachable other matter matford s wore were ca called I 1 to tho the attention of the committee but the flioy were not at of sufficient importance tu to justify commeau comme alt hore bore the attention of tho the house a again directed to tho the belief of anu committee that it was waa not called upon in any sense dense to hoar hear evidence as to tha fitness or qualifications of 01 judge judat hurton tor for the office the tha sole question the committee had bad to decide was whether tho the facts just fled flod recommending to the house that charges of impeachment be preferred the question of qualification of judge durton burton was waa tor for the people of the fifth judicial district to decide at tho the election of 1924 it la the understanding der standing of the committee that all tho the charges contained in the petition except the matter of the tha alleged disbarment of mr hugina and mr foster wore fully spread before tile tho electorate in tho the recent campaign acang on tho be information thus presented present pd to them chose to elect judge hurton burton thu committee felt that it hail had no right to go into the matter of fitness except in so BO fa far r as improper 1 motives or actions constituting malfeasance were involved |