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Show junction OGDEN . , - v FIFTH- STREET. - , Penrose, - - Epitoh JL STSlTFORD, fruit Xanager. Charles ' W; Saturdaj Evening. Oct. 30. 1875 V YOUXG ts.: JUilIIlA31 YOUAO. XSTi ELIZ We extract from the Salt Late "of the opinion Tribune "delivered yesterday by' Associate Justice Boretnan la the above, case, a we have room fbr to day. We re grei that we cannot print the opinion otire, not 80 much on account of its peculiar merits a a legal opinion, as because we' know our readers are taxk&s to see all that is done io'that Case. y We give ; enough t enable them to see the points, however. We hall have some comments to make auoH-portio- poa this case in our oext-issue:- . OPINION. IS TBI THIED DlSTBICT COCET, Utah Tsbeitoei,. AIR. ELIZA October Term, 1875 YoWQ BI G0, "J J bee next Uaxwill, ' F aiitiu, a Plaintiff. vs. BatoKAM Yots6; Defendant. Vptn an application to enforce an orJer neretofor madagranting &limfy pendente lite, Boretnan; delivered JnsJic, lb following opinion : 1 approaoh the consideration of the ; question now belore me in this ease, with much hesitation and solicitude by reason of fact thai th" subject of th motien has, prior to its hearing before me, been twice elaborately-anably argued by counsel and passed upon in this court, once by Chief Justice Ma Kern; and once by Chief Justice Lowe, tbo farmer ruling one way an J the latter the other Way, in regard to the enforcement of the order which I am asked lu enforce. The faoia are subatntially as follows: This being a suit of divorce. bt p aiutiff ked the court to allow her alimony pendente lilt, and on the 25th day of Feb runty, 1875, it was ordered and adjudged that the defendant pay to the plaintiff $9,500 alimony, pendente lite, and thereafter SoOO per month during the pendency of the suit, and $3,000 attorney's frffi to the atiorny of tbe plaintiff, the nid $3,000 to bt paid in ten dxys thereafter, and the $9,500 in twenty, dnys tuia('ter. The said attorney's fees not httug been paid within the ten days, ttn implication was then made to this pourf o enforce said order by requiring the (Wend ant' to show cause why he fcU'tttUi not be punished as for a contempt iu ui obeying, the order. To this the riswfij of the defendant was made and tU4, and after argument, the Court. (Chief Justice McKean, pn sidin?,) adjudged that as thcprUerstood unrevoked U must be enforced and thereupon adjudged the defendant guilty of contempt, and ordered" his imprisonment for the The $3,000 was at that time contempt paid by the defendant. "Afterward, oo the 17th of April. 1875, the time hRvinir rvpired for the payment of 'the i'J,50O, and it cot having been paid, the plaintiff belted this Court, (Chief Justice Lowe, presiding), to further enforce laid order by requiring defendant to show cause why he should hot be punished as for contempt or failing to pay said sum adjudged to plaintiff as alimony. The an ewer to this further requirement having been made and the arsumenl of counsel and heard, the court denied the motion ' tiade the following order : This case baring been neard on toe notice to appear and aha cause why ha tie defendant? h mid not be compelled. Vy attachment, to cptnply 'with the order this Court, to pay the $9,600 alimony the motion pmdtntt litet now on this-dafor attachment u denied and the taid rule to appear and show, causa heretofore ' made, ditchargtd" 'Afterwards on the. 18th of October, 1375, application was again made to this vout to eqiorce tbe order Tor a!i mony, made oa the 25tb of February last, the same baring been complied with oaly ia part The rule on tbe defendant to show cause why tbe same should not bt enforced, having been duly executed and answer thereto made by the defend ant, the motion, with the affidavits and answer after argument by oounsel, wa aubmitted to Court, and it now become In my duty to pass upon tbe matter. considering the matter, I am first me' with the order vf this Court,, requiring-aliaonto be paid; unrevoked and made sous eight menths ago, and I am asked The order, to enforce lu therefore, is not void, and if not void, eaa the Court ignore it and refuse to enforce it, and if it be a matter of discre-- ; lion, would it be sound d scretion so to do? The Court is not. bv the defendant's answer, asked to vacate or revoke the order- -' bat simply to refuse to enforce it, and to allow tbs defendant to disregard lit jfc, ., .'' 1 j , - Further, tbe notion now before tbe Court to enforce its order, is not merely of interest to. the parties to this case. The publio in all countries have an interest in courts maintaining their authority, and tbe Court itself is interested in se' ing hs judgment obeyed and enforced Tbe proceedings for ooBtempt, therefore are authorized that courts may uphold, their own authority as their duty requires. ' It is a proceeding that the Court may take without motion of either that Ms orders are priy upon evidence committed to a is It power disobeyed. Courta for their own protection; and whilst an order of Court stands upon reoord unrevoked, and there 'is a manifest unwillingness' to ask the Court to revoke it, tbe Court cannot stand jdly by and see its judgment disregarded and . . ., ignored. These conclusions" are mnifelt!y de cisive of this case.... But auppose they ro not correct, and that the Court should examine into tbe validity of tbe alimony order itself. It is claimed to bare been improperly ana wrongiuuy is sued. Upon what grounds is U iuequi' table? It is not claimed either in the c newer to the rule or in the argument of the counsel, that the sum allowed is anreasonablv larze, or that the defend ant baa not had time to pay it, or that he is unable to pay it. But it ia alleged that tbe answer of the defendant on the merits of the case, contained new mat ter which was not denied, and not be ing denied, it was to be t ken as true, tbe trial" wben it was deem except ed to bo controverted, but it is lastly conttndrd that tbe order for alimony should not have bten made because "the marriaae was neither proveu nor admitted. If this be true that tbe fact of marrixge is neither proven nor admitted, then the order should never have been made, tor tbe law is settled that one of these things must appear before the Court can grant alimony.; The complaint charges niai- riage of the plaint iff and defendant at a specified time and place, and alleged that far a year after tbe marriage he lived and cohabited with her, but afterwards treaitd her in a cruel and iu human manner and deserted her, did not support her and ber eliilerev, and that of this course of the defendby rea-o- u ant her life was miserable; that she and defendant caunot live in peace and uni on together; that , their mutual welfare is requires a separation, and that sue eans of support. ' Had wholly without defendant not said nnytliing about the marriage, under California rulings and our statute, the marriage wa admitted (Fox T8 Fox, 25 Ci'- 587 ) (Bennett vs Bennett, 28 Cal 699 J But bo goes fun her; and in express words admits the fa"t cf marriage,' that the ceremony did take place at tbe time and place alleged. But he seeks to s.void it by alleging that tbe plaintiff had a husband then living trora whom the was not divorced, and that, he bad a wife tben living from Me whom be was not divorced. confession ar.d avoidance, and as part of the avoidance, he pleads his own crime. lie cannot do this. He cannot set up his own crime as a defense to Ihe action. That doctrine is too well set, This Court tied. cannot on the pleadings say that either plaintiff or defendant bad another sub sisting marriage relation existing at the date of their inter marriage. - s , . - we find that the order for ali thony was not improperly made and Btuads unrevoked, and not obeyed and no good reason given for not complying with it And I am asked to enforce it. A court can not allow its orders to be re pudiated, and (Lee 13) disregarded, and continue to maintain its dignity, its self respect and its authority. Were a court in a condition not to be able to enforce its authority, its failures to make efforts to do so might be proper, but when a Thus court can enforce its orders and flatly refuses so to do, it cannot long be held ia respect or its authorify recognized. A court, therefore, is in duty bound to en V ? force its orders. aTbere is but one 'course left ; open to the court and that is to enforce tbe or. der It is therefore the judgment of this court that the defendant be imprisoned until tbe $9,500 alimony and costs of this motion be paid, or until released by the court .t At the conclusion of the delivery of the above opinion by Judge Bore-man- .' HempBtead, defendant's 6aid that he designed to attorney, Mr. appeal from, this order, aud asked the Court to fix an; appeal bond high enough to meet all The Judge said, "If there were auy doubts in my niiud in regard U this matter I would be willing to hear ar 3T,AmFSlDJ, J i FIFTH - 7' . JUST-YET- ' ' . The City Council met, as per adjournment, at 2 o'clock p. m.. in the City Halt, October 29th, 1875, Mayor L. 3. Merrick in the chair. A petitien was read, signed by Thomas Salisbury, Arthur Larson and fifty-fiv- e others, complaining of the dangerous condition of a 'piece of road north of Ogden city, near Ihe line of the C. P. R. R. The petitioners bad to travel the road to and from Ogden city, aud( therefor asked the Counsel to take immediate steps to make it safe and convenient The matter was referred to the committee on streets. , A license to run a jeb wagon, for three months, was granted to W. F. McEntire. The licenses of Messrs. Adiais and Vandy ke, II . E. W. Cheules. W. W ggins, H..T. Kiesel, F. Randall, T R Chapman, Rosenthal & Bros.,' O. E. jWat-on-, J. A. P. Perkins, John IJerrocks, Jas. Evans, James Carey, James Ilsrrocks, were renewed, according to their respective petitions. The committee on public grounds reported favorably on tbe petition of Jane 8 Richards, Harriet Ci. Brown and Sarah A. Merrick, asking the use of a piece of land near the Junction Office, on which to erect a building for a straw hat and bonnet manufactory, and recommended thtt the use of the land desired be granted on certain specified conditions. . Tbe report was accepted and the recommendation adopted.'; ' The committee on Fire Department reported that instead of building a tower for an alarm bell, and a place to dry the engine hose, it would best subserve the interests of the city to combine in one building all tbe compartments necessary, including a Firemen's Hall. The committee therefore recommended that these matters remain in abeyance for the present, and that when taken up, at an early day, a building be erected to meet every need of the department. ; ; The committee further recommended that Stephens' Hall be rented for the use of tbe Fire Brigade. The report was received, and recom ' , mendations adop;ed.. whom Tbe committee on streets, to at a previous meeting was referred the draiuitig of the stagnant 'water from Main Street, between Second and Third Streets, made a partial report, and were instructed to continue their labors. Several billa for public labor were preented ami allowed. Tbe Council adjourned till the 12lh November,'1 1875, to meet' in the City 1 ' Hall, at 2 o'clock p. oi. , $250 REWARD - . . a . , , , ,S'"'a' For Homes. Shoes AND GENTS', FURNISHINGS, - i.., Just reoeived. o'm. the' East. 'lVe wish to inform the Public, or those iscekiug ... sell we will IIoineM, that any of the following de sirable property, to wit : ' '''No.' l. ' - CAMMED GOODS, &c, GROCERIES, Prices down to the lowest possible margin, S H. l 3E3 ' FRPII ' V'"' ' EVERY" DAY. ' .fV 'J ' ONE HOUSE AND CORNER LOT On the Bench, two bioclsfrom Main Street,1 aad one block north of the containing three of an acre. One of the Public A- un ;.) () best orchards M.rQQ U a a a jt VI. 0 e, 0 9 2 a. & s ' Williams, the 'proprietor. U 6. 17 h t. dJ Y k! tS s S J3 gU jsp - s ao a i p 'rf .i THE BENCH, -- 9 K C S 0 : 'Va X s A GOOD BUSINESS LOCATION us oo 'O f'. O a a 3 o .ao O , "3 o5 es I . id' S2 5 s - r r .a B c No 3. S ' n J3 ' m - ' " "'35 W 3 h. 3 3ir&3.i! vj a 1 bo; BOteioSa , s. s A - ?loi?ia! H young orchard, good fence, .splendid spring of water, which will supply a fountain if needed, and a good grass S - . . it' 0 " .. ' m a , Near the Tabernacle, aod adjoining the residence ef Mr. Henry Tribe, containing one (1) acre, with a ' 2 5 ci O I, 0-- a x. fl ?'t 58 Z tj g It S 3 i 1 55ca' . US 10 GOODS! Fifth Street, 29 x 165 feet; now J. B. Czachert. occupied by .rr 2 P s c- Q C? No. 2. All improvements a :. a' j first-clas- c or T ON o M P&1 k.. i.. other conveniences on the premises, At present occupied by Mr. Joshua On S N M C9 .S room, good cellar, pantry, etc. There and is also a good stable, wash-hous- tOT 09 A ' " . w W M OS - it i pump, hose, ete. The house is new, and has six large rooms and, kitchen,, closets, bath ONE s ; ' f . in the city on the lot, with good water privileges, force plat. Cit?,. J? '. Square, fourths ... bart of the All Goods delivered free to any 03-ttv- " '.'I ti. ii .it The i"Best Tlace in Northern Utah at which to Pnrchas i , .: :'.., J No. 4. A BUSINESS LOCATION On Wall Street, near Williams & it:-- ' t '. ! P U R NI TJdRrE For Any Part, of the House is at Go's. Cumber Yard, 32 x 80 feet. ; s No buildings. OGDEN MAIN ST. Who is j in continual .receipt of. jic"yflsliip- ments from Hie Jbest? Eastern i No. 5. ONE DESIRABLE i DOUBLE ' ' RESI DENCE ' Manufactories. , On Wall Street, near the corner ot Sixth Street. House just completed. Suitable for one or two families. PRICES TO SUIT THE TIMES. , 7 COME AND SEE. - Funerals Furnished. t Caskets V al way5 , guments.. But the question is set tied, I therefore deciiue to fix the amount of the bond." Mr Williams, Attorney for difend- ant, raised the question aa to whit V prison the defendant bhould be con fined in,' objecting to the peniten ! tiary, the place where the def'endaa1 had heretofore been consigned. PAT TWO HUNDRED AND arrest ($260) reward for tb To tbis the J udge replied that TWILL and conrictiun of the pfrson or perton. who wt on on fit tit th. residence of William Gilbert where no place was specified by the fth.'ioth of Oct, or MS HUNDRED wuiDg statute the question woulo be left to DOLLARS (SluO) for any information that shall lwd to bit or thoir rric ti1 ronviction. ' LKfl'kK J. it KHKlt'K, the Marshal. , , of Ogd.a City. Major Subsequently Marshal Maxwell,ao-compan.eby Drs. Williamson and Young, proceeded to the residence ef Mr. Young, where they found that of 5000BUSHELS tworowe(1 BrleJ', gentlemai in quite delicate health, so unwell, indeed, that at the instance of '.GROVE BREWERY, Dr. Williamson,the Marshal left him at his own house in charge of Deputy Ogden, Utah. U. S. Marshals, Arthur Pratt and rThe Highest maiket price in Cah Harry Porter. will be paid. is . understood Mr. , o:- Dry Goods, Notions, Boots & CES ; Municipal. OGIDEiT - A FULL STOCK OF''."'''! '.'1:!.''' -- I .1 busy in another direction to Evanston matters, his time just now beiug devoted to matters in Arizona. If tbe honest P. M. at Evanston will deliver ,the mail matter coming to his office in the meantime promptly, we can wait till the Cul.'s return, in fact we are not vindictive, all wo tfant is for officers to discharge their duties. , While the Special Agent is absent we wish it understood, however, that he will put in odd spells in sharpening up that little guillotine. So look out. " f ? tW.' W' .' v terday,' a letter' came this morning informing us that be is at present too r- . RARE-CHAN- ' In response to our polite appeal to Col. Wickizer in the Junction yes "'"' r-- ' NO PROCLAMATION ' ' STREET, ; -- - pa n ? ... CofensImpbrted or made tc '., No. 6. " A FIRST-RAT- R 1 ..-,,..,- FARM, Of eighty (80) acres, in excellent condition, well fenced, with or without a dwelling house and orchard, f IUCHTEii 67-C- m & FRY. : ... . . B71-8- , J FOURTEENTH ' WiR We have also a number of other valuable locations besides those men tioned above, to dispose of. Any party wishing to purchase a home will do well to give us a call, as we are determined to sell and will give good .terms to reliable pur ' ' '. chasers. , ' U.O. Brush Factor ', '.'.. ' " ..... .h t , j I' Wholesale and Retail Matfufactarers Jiij'.5 . i of ,r Household, Painters' and other ' ';'" cor-ne- & Co. - f l WILLIAMS Four Dotra below Walker House,- , For further particulars' apply to r the undersigned, at their office, Wall and Fifth Street, Ogden. A yW.HrJMlLES, Svn n Til OS. TAYLOR, Peest. tf WANTED ir:; ,.i situated on the line of the U.P.R.R. . d36-- Order CABINET WORK DONEOJt Picture frames" a Specialty. Mattresses best pattern ' Clark's ehaaeery R., 429 la the People vs. 8(,aiding. the defendants had , been adjudged goil'jr of contempt in dis d obeying an order of injunction. Tbe Chancellor says 'hat the Court had to do with the merits of the cause iu which tbe injunction has been and that while the injunction remained in foroe, it was the duty of the Court tr punish every breaob of it. end that in no case can a defendant be permitted to disobey an injunction regu'arly issued, whatever may be the final decision of the Court upon the merits oi tbe cause. , 2 Page, Ch. 326. 1 Cal. Dig title "Law of ca?e," 581 Blackmar vs. In wager, 6 How. 867. Thut O'der granting alimony therefore, that if is the law of this case, until set aside or It revoked upon a re heating, and its vai binding force c'nnnl be Young's health will permit he will lidity betremoved either to the penitentiary) questioned. no-thi- or t rooms in the Clift House, now called the Federal Court House We have as yet see ho signs of any attempt tomteriere with the opera tion of the order, and expect to see none, so that the hopes of the) rin are likely to be blasted once moxe--rThey may get.the motiey though even that is doubtfuU-jbu- t they have no blood. ALL Ulf SUTEKIOK QUALllI,, . sy . X; At prices as low as the imported- articlei.and ' iidre Satisfaclion ioVeeT d to - Warrant ... 436T-8- m give ana Consumers. " V. Give us a trial, edcourage Home Manufactures, afld quit wpiog A f i orior, imported article, when a good one can bfc, bap the sjftue:tnonev. i .. k ?1if'M.'fA' ',." w -- 31 aii cruers prompiry u;ica,anu;i (lra.and I1ortliir tnLpn'in i'n'ariVexcbange."1' of rar ion j &tads laanu facta rwl to order. CM dn0 3 |