| Show WILL TEST THE TE NEW JUDGE LAW The question quos lon of or tho the constitutionality of lt If the net act creating time the of ot an nn ad additional at dHonal Judge for the Third district court has haj been brought before the su au court of or this state sUte by b the time tiling filing of an nn action In iii that hat court today by hy den against T P D U DLewis DLewIs Lewis the newly newl appointed Judge Time The complaint In the Iho name of r the th by hy the th command direction of or Governor Heber leber M Wel Well U It I alleges that on April Apri 1 I by of at a n pretended law pawed plod by tho the Logic Legis Legislature I II lature and ancl approved by I the tIme on March 12 1003 the governor pretended to tn appoint miami 11 did Ild appoint the said T F TD TD FD D Lewis district dl Judge for tor the Third judicial district sand and to evidence soul said 81 appointment the governor Issued Is ue to tn said Lewis LoIR a I pretended commission au atm n him him tu to tl take charge of at said of 01 and 11 perform the thu duties and claim lie th emoluments of or Mid pretended of oC tte ce On April 10 tO It I Is alleged oloS that Judge Lewis subscribed to the tho oath of or onel and tiled filed the time some same with the tho secre secretary tary of ot state tall Since nc that date the tho Ih said sai Thomas thames D U Luti has been and an now Is lain In possession II s of sold said anti exercises the tune tunc tons I I thereof mind claims tho the emoluments emolument ments ment The fhe complaint charges that Judge Lewis usurps the and han hanno hal la lanil no nil ni light or legal authority to exercise the functions thereof and that he hI has hiA unlawfully Intruded himself Into said raid and Ind threatens band to will wl continue to 10 hold the time same sanne unless ousted there ther from hm Time Tho Th complaint closes copes with the follow following log ing prayer Wherefore the tho ald M r A In behalf of the State of Utah Itah demands Judgment that the saM calm D U Lewis I Is I not nt entitled to said al ItI and fn that he be N ousted by L this lila court and for costa costs of or action Aton Judge Lewi accepted service of ot th tb complaint today tod and nl waived the ser eer service vice ace Ico upon him of ot many an notice writ wrt af or qu qUA or summons In the Ihl PEd Ings reserving his right how however over to demur or answer to the time complaint with within UbIn in five ve days train from trl date dalp The Te supreme court cour will 1 grant nt a special hearing of ot Hi tim which will wi be b the early er PHI I of ot next week So that the tho ques que lon of ot the right r ht of or Judge Judg Lewis to hold hoM his bin hl will 1 be he determined without hr ty delay delAv delv whatever tover |
