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Show iyjfTTm5TTTrj 1 I fll to put the declines and m East, nis predepolitely ed the elaborate verbiage cessor. It is ably composed, strikes British Lion'within the power of the the points aimed at once, and in- hug or the claws. If England is not SATURDAY Published every WEDNESDAY dicates a sound mind and a culby the Codes Publisuins Compact. in the compact it may as well never intellect. tivated Editor. Cliurlc W. Penrose, We believe it will be received with be made. E SVRATFOHU, Banna) Manager, The time is not ripe for inter favor throughout the country, and be acknowledged by the press as well national arbitration. The era of the as the legal fraternity as a fair and sword and the caunon is not OGDEX. UTAH. past. A Rabid document. 1873. impartial SATURDAY, MAY 15, will cemc when words will take journals will no doubt utter day about the place of bullets in national some of their usual clap-tra- p but all quarrels, but before that time the THE AN ELIZA CASE. its effects on "Monnonism," into earth will can who enter rational people pass through a baptism of satisfaction its merits will perceive that it inIt is a source of great but blood and fire. to the people of Utah, and to the volves no general principles those of law and equity, which should press Tvhich battles for their rights, IV !io are Afraid hiveeq" ! effect and be administered that the judicial rulings designed for impartially to all persons without re Old Women of Jlecoiiiing H itches. their injury by a partizan Judge, who spect to creed or party. The life of an Indian maiden is has openly expressed his antagonism blithe and merry for a few years, but to their faith and institutions, have PIETY THE QUALIFICAwhen she becomes a wife she is soon subinvariably been reversed when TION. broken down with the pains of au-- ; jected to the test of impartial metheihood and the heavy labors It is generally supposed that Gov- which fall to her lot, and thoritative criticism. she soon will be becomes of Suernor Indiana, Hendricks, the to taken on Causes appeal wrinkled, garrulous, cross, Presi- scoldiuz. in fact, an old hag. Of for candidate Democratic the States United the of preme Court States. A corres- course such hajrs are not pleasant have demonstrated the fallacy of his dent of the United of the Martinsburg States- company in camp, and in the belief position, and now the order of court pondent of the Numa such old hags grow Henof nomtnatiou man the n assur-afull urges the him under issued by u ;lier and meaner until they dry up elevation his of on the of dricks, ground ana no was whirlwinds carry mem away cc that there possibility his of the of and character when purity they are transformed luto preventing its enforcement, has been morals. He says: "This gentleman witches; and lest such a fate should get aside, and its error in law, as well befall old women, they are taught is a member of the Episcopal Church, as the animus irbich inspired it, that it is their duty to die when ne shame to the in and, in true good standing their shown have been longer needed, and if thev do not up be seen a and the of many pretender, may any die by natural means in a reasonable light by the lamp of reason Sabbath-dataking up the collection time, they must commit suicide. ays of established legal principles, This they seem willing to do rather all of which is in accordance with in the houe of God." than to meet that terrible fate of struck We not are of particularly that the arguments ef portion being transformed into witches and Hendricks' claim this for with .which being compelled to Ike in snake skins the press of the Territory see do and and wriggle about among the rocks, not of character," speaks for the people. their only being to repeat the The opinion delivered yesterday that he is qualified for the Presidency words of delight in mockery. . by passers round the plate in in the Third District C6urt by Chief because he passes once saw three old women thus vol e have peen men pass Justice Lowe, to be found in another "meetin. untarily starving themselves. I rodi remaika-ble whose round t'le only plate up to what was almost a deserted column, is well worthy of perusal. It And "cheek." if was camp, the three old women only re quality will be scanned with interest as an by the fire and in evidence of the Judge's ability to lendrie'es is bo fond of taking up niaining, sitting iuto the embers. They collections in Church what may he tently gazing and a with seemed to heed not my approach, but knotty snbje:,, grapple the tho head of he stands do at if not sat there m'umblincr and eroanins stand to his disposition independent the until they rose, each dragging up her of The State? present occupant of party or faction, and decide' in White House is said to be eminent weight witn a stall, and then they equity, according to his best judgment, joined in a sidewise, shuffling, senile unfettered by religious antipathies in the collection line, taking all he dance around the fire, propped by and unbiased by political clamor. J caj get, even to bull pups. And their staffs, and singmg a doleful to collect is song; having nmshed .which, they It is clear from His Honor's ruling this disposition used a as argument sat again on their hoels, and gazed strong that any" question as to the jrifdic Ihe less into the fire and I rode away. On tioa of the court in this case must against his coming to the new camp of the tribe l o decided by ahigher judicial body. said about Hendricks penchaut for the next day, and inquiring of Chui their chief, why these Also that under the civil code of the gathering the donations, and the at-a- n women better Said wore left behind, and what about his piety the Territory there is no appeal from an ess were I 7was informed they they dding, for his prospects. Statesmen of the L 11 interlocutory order of court. The nao to comtuii suicide, determined latter rule seems very unjust, but we pious order are not in the best odor, fearing lest they should be transform have no doubt it is according to the for piety and peculation have been ed into witches. Maior Powell's btatute. It is also, clear that the or- correlative distinctions in several of furthcoming Book., der requiring the plaintiff to pay the our once eminent but now character defendant an exorbitant aunt of less political dignitaries. Say nothing Before and after ' - -- "anti-Mormo- n" y l'elc-vatio- n ; um-pea- k, 1 1 . 1 Marriage. about the plate nor tho piety, if you money aa temporary alimony, when A philosopher writes: "The girl is bhe had net the ghost of a chanc to waut Hendricks to win. generally educated on navels, and her her first disappointment comes in on the obtain permanent alimony,' legal quiet indifference of the husband NOT YET TIME. ttatus precluding the possibility of a after the honeymoon. kYou love me divorce, was as erroneous aa other would be for a grand thing hu no longer,' said ; a bride of a lew It rulings of the former Chief Justice, in his gown if the differences between months to her better-hal- f and not warranted either by legal manity and slippers. 'Why do you say that nations could bo adjusted by iutel Puss?' he asked quietly, removing a discretion vested or the precedents lectual argument instead of physical ' from his lips. 'You do not ; cigar iu the Court. warfare. Bui this is impossible caress me nor call me pet names; you The discharge of the rulo is in ef while each power distrusts all others no longer seek so anxiously for my fect the defeat of the suit. The Governments lack confidence in each company,' was the tearful answer. contracted the continued the aggravating nature of' marriage other's proniea and agreements, and 'My dear,' wetch, 'did you , ever notice a man between the principal pai ties' baa treaties have to be guarded by watch running after "a car? How he does been acknowledged by both, and ful eyes and armed hosts. run over stones, through mud, rebeing only cf a religious character Russia has made a second attempt gardless of everything till he reaches and polygamous, claiming no legal the car and he seizes holdaud swings recognition, has not any lorce which to establish an "International Code on. ' Then ha quietly seats himself the courts can recognize in a suit for Conference." The nominal object on and reads his paper. 'And what' . divorce. both occasions was to establish rules does that mean?' 'An illustration my No more alimony will be paicLand to assuage the horrors of war. Cer djar. The car is as important to the the deep laid scheme fdr plunder is man after he gets in, as when he is shattered. We do Bot know what tain regulations were to be established chasing it, but the manifestation is no course will be taken in regard to the binding upon ill the Powers limit-ir- g longer called for.". I would have shot amounts paid for counsel fees, &c. their facilities for attack and anyone who put himself in my way "We hope that measures will be adoptdefence. But both efforts met with when in pursuit of you, as 1 would ed to recover it. The whole order result. England was only rep- now shoot anyone who would 'come is pronounced erroneous, and should the same between us, but as a proof of my love manner at be recognized as void. And though resented in a you insist upon my running after the it might be a difficult task to compel the first Conference, which was held car. Learn to smoke, my dear, and the birds of prey who have swallowed at Brusseli, but has declined to take be a philosopher.- The two the spoil, to disgorge it, judgment clear tho brain, quiet the in the to take second, proposed part against them tor the amount would nerves, open the . pores, and improve be some satisfaction, and a further place at St. Petersburg. the digestion.'." , 1' This virtually kills the Conference vindication of the rights of the plain tiff, and a further exposure of the The British premier sees beneath " plot to bleed him. Why is a newspaper like a tooth the paws of the ' Russian Bear Lowe's has the Do ypu give it up? Beoause brush? Judge opinion stretched out in friendly greeting to merits of brevity and concisenessnq every- one should have one of his claws whic the are the worlds , the aroidanco df '.that vituperation long own, and not be borrowing his ne'gh aud invective which bo sadly disngur itching to grasp Turkey and the bors. , - . semi-offici- al 5om-bin- 1 - od Young T. Young. inonv whenvYioriA control ohhe c; iecttot'frT of the cause. TkV """aW Decision of Chief Justice Lowe, denying me .VttBe udo record is in bri.r the motion of an attachment, and dis- alleges a marriage nni charging the rale to show cause. ;jr.! concedes new Ann Eliza Young, Bv her Next Friend, George R. Maxwell, plaintiff, defendant, Young, J ereW T' SC'V1. or polygamons ToT bigamous alleged jets does the V vs. Brigbam hl anurriaze. matter in aroU" which clearlv show Lm l la c9 ""w "pon pleadings? It seem, n On the 26th day of February last, an that such new matter in the order was made in this cause directing be deemed as controverted f the defendant to pay to the plaintiff as the statute. Bt thi, sum of $9,600, alimony pendente lite, the applied to an proJr being at the rate of $500 per month from The 65th section of the to of -also the commencement suit; the Clares, that everv matUi pay her $500 per month subsequently of the complaint, when it t. . " Hot during the pendency of the suit, and finnr.ifioall v nonr.rnvorfoH .l. Be. v" l'.'ue answer 3,000 as attorneys' lees to tne attorneys j..' J M'Ptrpoee of the action, of the plaintiff. It appears that under as true. The of paid order and subsequent proceedings, matter in the answer allegation on the trid shall, aliand of tha attorneys' fees $3,000, be deemed controverted by the mony $500, have been paid. A rule upon party." Thus the new matter Jill the defendant to show cause why he UnBlVAll f (fl daiiMnrl ..... .v Kbc UCCUICU wuiroTertedonlv y mat, should not be compelled by attachment -- on me me statute not prescribing to further comply with said order, has the character in which the new matter been granted, to which the defendant has is to be for the other purposes regarded answered, and the plaintiff now moves of the action, as is done in the same acfor an attachment, and the defendant tion in reference to the allegations of the to rule. moves discharge mo uuiupmiui. me allegations of Betr A discharge of the rule is asked upon matter, therefore, in the answer, for three several grounds. The first thot the purposes of the action, other than the court has n jurisdirtion of the action. trial, must have their ordinary Wj of Court of the the Supreme The decision effect, and that is to regard them as true aDd Cast of case in the Cust, Territory unless actua ly controverted. And such the overruling cf the demurrer to the appears to be the character attributed to complaint in this cause, seems to con- the answer in interlocutory proceedings clude that question in this court for that by the supreme court of California under case. Any reagitation of that question a statute which is identical with the 65th should be in the Supreme Court. . section of our practice act as quoted The second ground of defense is that above. Burnett vs.Whitesides, 13 Cal an appeal from the order now sought to 156, was an from an order diappeal be enforced has been taken to the Su- ssolving an injunction, tho case having preme Court. If there were any reasonbeen heard upon complaint and answer able ground for holding that under the alone. The answer denied the equity of practice act such an appeal was main- the complaint and set up affirmative tainable, I would most gladly act upon matter in avoidance, and the court it, and thus hope to obtain the opinion answer of the defendants is s of the Supreme Ccurt upon the order in much proof of the defendants' right, as question; but it seems too plain for the complaint of the plaintiff is evidence doubt that no appeal lies from such an of his right; and the order dissalvingtke interlocutory order, and that it cannot injunction was affirmed. Delger vsj em be by an7 admissable construction 44 Cal., 182, a late case, was braced in any o.ne of the provisions of also an appeal fro hvery an order dissolving section 828 of the practice act, which an injunction which had been heard up. defines appealable cases. I think, there on complaint and answer alone, tke in that the attempted rroceediugs fore, pleadings being verified. The answer set up new affirmative matter in defense appeal are inoperative and nugatory. There remains for consideration the which the court says "if true would jusfurther ground urged in argument, that tify the court in dissolving the injunupon the pleadings and records, such a ction." And in reference to the answer, state of facts is disclosed as shows it to the court says "it was held in be inequitable to require the payment of r$ Lacy, 35 Cal. 62, and many other ad interim alimony. cases in this court, that whea the dThe plaintiff in her complaint alleges efendant moves on the complaint and anthat she intermarried with the defend swer, to dissolve and ininni-.iin. . fit ant on the 6 h day of April, 1863, and veer will he trebled for all the purpom tf sets up facts of negligence and desertion the motion as an affidavit," and the injuncwhich constitute statutory grounds for tion having been dissolved upen tho divorce. The defendant in hi answer uncontradicted new matter of the anmakes a qualified denial ef the marriage, swer, the order was by the stzpremt and alleges by way of avoidance that at court affirmed. the time of such marriage the plaintiff The record of this ease, therefore, ia was the lawfnl wife of James L. Dee, view of the provisions of the a section who is still living, and from whom the of the act. and the authorities practice has never been divorced; that tke de- just cited, does disclose fw the purpose fendant was. lawfully married on the 10th of tie present inquixy the uncol, day of January, 1834, to Mary Ann ntradicted fact that marriage who then became and etill is, his was a bigamous or polygamous aiarriage. He further alleges in If Buch a lawful wife. marriage was entered into the that terms, marriage with the plainby the complainant, and tiff was a plural marriage, entered into through the fraud of the defendant, according to the doetrine and customs equity will open its doors for her relief; Saints. The but upon the case as it stands, it is not, of the Church of Latter-dais each answer and upon oath, in the complaint ef the court according and it appears from the record as well to the judgment of principles equity and good as from the statement of counsel in ar- conscience to enforce the payment o!td gument, that the order for alimony and interim alimony. It appears from the reexpenses was made upon the complaint cord that the alleged marriage was celand answer alone, without any other ebrated in this city, that the plaintiff tod evidence or showing whatever. defendant both resided in this city. It It is the general doctrine of the courts cannot, therefore, be a difficult or expenin divorce, that before temporary ali- sive duty for the plaintiff to place upon mony can properly be awarded, the the record a confutation or some explmarriage must be admitted by the par- anation of the unexampled and roost ties, or established by proofs. 2d Bishop, extraordinary allegations made if any . , on Mar. & Div., explanation exists, and the court case of York vs. just recent In the very believes that such explanation is due to and York, 84 Iowa, 530, it is said "alimony the common principles of equity is a right that results from the marital further public justice before proceeding relation, and the fact of marriage be- in the direction It would he tween the parties must be admitted or strange, indeed, ifsought. such a state of upon proved before there can be a decree for facts unoontroverted by nny rule of it tvtxi pendente lite." If some exception- pleading or of law, and unextenuated by al cases to this rule exist,' they will be evidence, it could be imposed as or found to proceed upon tacts and circum- any upon a court of equity to direct stances having no analogy to the present duty enforce the payment of alioony, nI case. It is also an accepted doctrine thua bestow the if not indeed that alimony pendente lit, cannot be the real sanction apparent, law of the upon a pracclaimed as a natter of right, but that its tice which ia hostile to the civiliiatioBof allowance rests in the sound legal dis- the age, and which the penal statutes e' cretion of the courts. In Jones vt. Jones, the land visit with punisnmeui-Thcondign Chancellor Walworth said, it is not a motion for an attachment is denied matter of right under all circumstances, and ihe rule discharged. for the wife who has commenced a suit divorce a or for separation, te refor a quire the court to direct an allowance to Birth. be paid to her by the defendant for the 12:30 At ta the wife of Mr. purpose of defraying the expenses of the suit. Nor is it a matter of right that Thomas Burdett, of the Jcnctios office,, she should be allowed her ad interim ali- a fine son. AU well. f mony in all cases." Aad ad interim alimony was refused because (here appeared no probability that the plaintiff ATTHATIOX. ought to euoceed in the case. 2 Barb. J .ieK'Sf 7'' , t. . says-'Th- obit-so- n, Fulkin-bur- g n. -- An-gel- the-allege- . . y , 402-406- to-da- y, Ch. Hep. 146. In Worden vs. Word on, the said, "If the answer be true the complainant has no just cause of comIt is not a plaint ' matter of course in every case, whatever may be the complexion of it, to make an order for temporary alimony;" and ad interim alimony was refused on the ground that it did not appear frem all that. was vice-chancell- -'- .-. WHO WOULD WAUfi . WHEN Z. C.M.I. will furnish a t ' Ligt Spring Wagon run DOLLARS ' before the court that the complainant ONE HUNDRED had a meritorious cause of action. 8 ITY, UTAH. Edwds. Ch Rep. S87. It is also con- -, SALT LAKE ,' d2S3-lceded that the order for temporary ali- .V. II-- H00PB, a 1 ! . |