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Show I. ft. CGDEX DAILY COMMERCIAL: FRIDAY. JANUARY 23, 1S91. THE GREAT HAT & FURNISHING GOODS SALE ATTERBURY, DOBSON & CO'S 306 Twenty fifth Street Until Feb. 1st we will Give Goods aiitomiwifmmmimmfmmmttmit!mnmimimftmrwtim uiuiuimuuuimiuimtutitbuittMtUiUtuuMuuiuuiUHiuutuiu $.00, for SO'cts., $5.00 for $4.00, To the Value of $10.00 for $S.OO, and so on. imtmiHuitimiimmHimtiiHtmmtmimiimtmnmmmnmnmniim iMiuuMuuuuiMiuiiiiiuimiiiiuiuMiiiuiuiuiuiiUuiiM Business and Pleasure Combined. We have on sale tickets for Bums' Anniversary Concert and Ball to be given Jan. 2Cth. To any purchaser of goods to the value of t").00 at' our regular prices, we will A furnish nnn t.irket to the above entertain- 2 nient, free. ATTERBURY, DOBSON & CO. ' NCLL AND VOID. ff II W of the Decision of the Supreme Court. In the case of Dr. L. IL Mead, who "ffi-ft- oi was arrested for practicing dentistry iu this city without a license as required by an ordinance, which was appealed from the First district court of Ogden, which had liberated Mead on a writ of habeas corpus, the court dismissed the appeal. As this decision is of considerable importance it is herewith given in full: In the Sunreme court of the Territory of Utah, January term, 1891. L. IL Mead, respondent vs. J. W. Met-cal- f, marshal of Ogden City, appellant Zane, C. J. The plaintiff was arrested for a violation of an alleged ordinance of Ogden City prohibiting dentists from practicing their profession without license from a board of examiners appointed by the city council, and the court below discharged him after a hearing upon a writ of habeas corpus. From the order of discharge the defendant has prosecuted an appeal to this conrt. And the plaintiff moves the court to dismiss, for the reason that the right of appeal does not exist from such an order. When an individual is unlawfully deprived of his liberty, a writ of habeas corpus is his most simple and speedy remedy. Under the statutes of Utah the writ may issue upon application of the prisoner or other person in his behalf, or the judge or court may issue the writ on his or its own motion upon sufficient evidence. And upon the ruturn of the writ the statute requires the court or judge to proceed in a summary manner to hear the testimony and arguments and to dispose of the prisoner as the case may require. And in all cases where the imprisonment is for a criminal offense, and the commitment may have been informal or without due authority or the process may have been executed by a person not duly authorized, the court is authorized to make a new commitment, or admit the party to bail, if the case be bailabla The duty of the judge or court upon such a hearing is similar to that of the magistrates examina a preliminary upon SPECTACLES, AL In no instance have prices been raised for the purposes of this sale. Call at once and secure first choice. It will pay you to buy now for the future. We must reduce our stock before arrival of Spring Purchases. And though the prisoner tion. may be discharged he may be again arrested for the same offense upon a sufficient showing. While the decision of the judge or court may liberate the pris. oner from arrest, it does not determine his innocence. He may be indicted, tried and convicted without regard to the discharge upon the writ of habeas corpus. Upon such a hearing the guilt or innocence of the pioneer of the crime charged, or of the right to reimprison him in consequence of it cannot be finally determined. The order of his discharge simply releases him from the to which he is subparticular restraint jected. Such a decision cannot convict him or acquit him of the crime or determine his imprisonment in consequence of it it is not final. Section 9 f the Org anic act of Utah Territory provides that, "Writs of error, bills of exceptions and appeal shall bo allowed in all cases from the final decision of said District courts to the Supreme court under such regulations as may be subscribed by law. And section 3G35,vol. 2, Compiled Laws of Utah, 1888, provides that, "An appeal may be taken to the Supreme court from the District court from all final judgments in an action or special proceeding." And section 5134 of the same volume provides that, "Either party in a criminal action may appeal to the Supreme court on questions of law alone." The order from which the defendant attempted to appeal was not a final judgment within either of the provisions above quoted; nor did the order of discharge upon the hearing upon the writ of habeas corpus involve a question of law only; nor do we think an appeal from such an order within any special provision of the prive it of its efficacy as a simple and speedy remedy for the wrongs for which it was designed. In many cases an appeal would be an idle process, unless the iU prisoner couid be held during pendency: and if so held, this beneficent d writ in all such cases and would be thereby deprived of its efficacy as a means of swift relief from oppression by unlawful imprisonment. In the case "In Re Clasby 3 Utah R., 183, the 3ourt holds that neither the defendant named in the rit nor the people have the right to an appeal from an order discharging a person upon a hearing upon a writ of habeas corpus, lo the same effect are People vs. Schuster, 40 Cal, 027; Wythe vs. Richardson, 10 Grav 240. We are of the opinion that an appeal does not lie to this court from an order of the District Court discharging a person from arrest upon a writ of habeas SPECTACLES, SILVERWARE, time-honore- corpua The motion of the respondent to dismiss the appeal for want of jurisdiction in this court to hear it is allowed. Apppal dismissed. We concur; (Signed) Anderson.J Blackhurn, J. Raised the Money. The Railway Register says John W. Young has succeeded in getting for building the Utah Central to Chihuahua, Mexico and .north to the Northern Pacific. It is not stated that he actually wiil construct the road at once. SoO,-000,0- Edwards & Townshend. Accountants, auditors, purchasing and general agents. Merchants; and storestatute. keepers books kept at reasonable monthly In some of the slates the decision of charges. andcomplicated the court upon such a hearing may be accounts adjustod. Records searched. reviewed at the instance of the state Collections made. etc. 2266 Washington when the prisoner is discharged, as well ave. P. O. box 204. as at the instance of the prisoner when he is remanded. In others, the appeal A Railroad Sold at Auction. is allowed only at the instance of the is when ho or remanded when prisoner Cincinnati, Jan. 22. The Dayton, the writ is denied. The right of appeal Fort Wayne & Chicago railroad was sold does not exist in eithor case without at auction today. Tue creditors purstatutory authority. To entangle the proceeding by writ of chased the property and they will put habeas corj)us with an appeal would de it in good condition and operate it. YOUNGEST ASTOR TO WED. ton, Ind., and this city. No train haa arrived or left since yesterday, and no has been made since Tueedny John Jacob to Harry Miss Willing, of They Literate at the County Court attempt night to move any freight. The Erie House Tonijbt. Philadelphia. officials here refused this morning to "The Ogden Literary society meets to- give any information as to the condition New York, Jan. 22. The engagement of John Jacob Astor, the only son and night at the county court house and of affairs. will offer for the edification of the friends heir of Mr. and Mrs. William --Afatnr, to A Sort of Armed Truce. of the organization a special program. Miss Willing, daughter of Mr. and Mrs. Dublin, Jan. 22. The papers today Edward Willing of Philadelphia, was All are invited to be present The proannounces that Parnell, O'Brien, Dillon officially announced. John Jacob Astor will consist of excellent music. A gram simply come to an is the youngest member of the family, debate participated in by four of the and McCarthy have to to the maintain- being about twenty-fou- r in regard years old, tall best speakers will be one feature of the agreement at statu quo until the next and slender, with blue eyes and fair entertainment besidos which there will ing of affairs hair. Miss Willing, who comes of an old be several orations and essays. Ex- general election. Philadelphia family, is a beautiful wocellent music has been secured and the man with dark hair and eyes, and is well Valuable Letters Stolen. members expect to furnish the best proknown in Now York society. gram of the year. The plan of charging Jan. 22 The facts have Chicago, an admission fee has been abandoned just transpired in regard to the theft of and the entertainment is free for all. Will Tay In Full. a very valuable package of letters beKansas Citt, Jan. 22. There was a longing to the Northwestern National run on the Kansas Towderly Is There. City Deposit and The bank's Washington, Jan. 22. There was no bank yesterday morning. this morning. Since bank Savings meeting this morning as was expected of messenger called at the postofflce for Monday it has paid out tlf0,000, and ia mail, and was told to call for to pay the full amount of dethe representatives of the committee of the bank's remainder in fifteen minutes. Just prepared1900,000. the the confederation of the National before the expiration of that time a posits, The Central bank was absorbed today farmers' alliance and Industrial union young man who had evidently overheard the Merchants' National bank, which on account of the of some of the conversation with the messenger, by the delegates. Grand Master Workman called for the remainder of the mail. It will pay all claims. The Central bank went out of business because the profits Powderly and his executive committee was given him without question and were too small to pay adequate interest arrived and it is probable that the was more of the thought nothing on the capital. conference will bo held this afternoon. matter until the arrival of the regular By that time the thief had messenger. Tarnell Will Assert Himself. The Empress of India. escaped. It is supposed the stolen Jan. 22. During a conversaLondon, of consisted about sixty letters, London, Lan. 22. The trial trip of package to from in 1100,000 $130,000, tion the containing lobby of the commons today the new screw steamer Empress of India most likely in drafts, checks and other Parnell declared his intention to assert was made at Barrow. The steamer atpaper. his authority as a leader of the National tained a speed of 10 knots per hour. The Empress of India is owned by the party and engage actively in the work A Gladstonian Elected. Canadian Pacific railroad company and during the present session of parliawill be employed in the service between London, Jan. 22. Fureriso, Glad- ment. Van Couverand Japan. It is claimed that a motion in regard stonian candidate, was elected over the to the administration of the crimes act to in succeed the unionist Hartiepool by Parnoll at today's session of the The Crisis Orer. late Thomas Richardson. At the last made house cuts the ground from under McRio Janeiro, Jan. 21. Minister of election the home ruler was defeated. Carthy's feet, as obtaining precedence of War Constant died today. In political McCarthy's motion concerning the trial Corbin's Return to Chicasro. circles the beliof is expressed that the of William O'Brien. 22. ministerial crisis is about over. Assistant Adjutant Chicago, Jan. Geneeral Corbin of Genoral Miles' staff The Equitable Will Wind Up. The Erie Strike. reached this city this morning from the New York, Jan. 22. The Equitable Chicago, Jan. 22. Business seems to Pine Ridge agency. lie was not expect- Insurance ed until Monday, company, because of its small but to the ill owing have been practically suspended by tho health of his wife, he hastened his re- capital and unprofitable business, will Chicago & Erie road between Hunting turn. wind up its affairs. THE LITERATI. x non-arriv- al JEWELRY, WATCHES, DIAMONDS. V Silver-monnte- d Solid Line and Oold Complete Spectacles Properly Fitted. J. Gk RAINE Umbrellas Eyes treated by Experienced Optician for all defects, Free of 8c COMPANY, 2483 "Washington Avenue. . ; Cha.--j e. Oexlen, Utah. |