| Show BROWN DENIED Petition by Former Senator in la Adultery Case Caso Turned Down The Tho supreme court this afternoon de do denied donled nied tho the petition of ot Arthur Arlhur Drown Brown for tor fora torI a IL I writ of ot prohibition to prevent Judge Morse Mol of oC tho the district court caliri tram from coin tak take taking ing lag any further notion action In the tho case casa C 9 of ot the tho lie state va vs 8 Arthur In lit denying deny Ins the tho petition Ito tho court hell held that tho the proper limper remedy In such uch matters Is by b appeal und and not nol by implication application tot till a writ of prohibition In lii his petition that Morse Moreo had hull no Jurisdiction In tho the care cae because the Iho same not hot pro liro hotly Instituted In ho the city court It who WOl alleged that the lie complaint WOK was to 10 before b the tho deputy clerk of ot the tho Ito city colt um the tho warrant Issued for tho thin arrest of ot defendant without the magistrate examining tho the complaining wItness us nS to to hits his knowledge of tho ito nt lit tt all nil ns a required In III sections Ills 12 tind of ot tho tile RevIsed d Statutes of ot Utah Tho opinion of or th lie supreme court which WItS was written by hy Chief Justice Napkin Un urn tutu II nil concurred III In by ly holds that thul ns as Is II no question raised nw nH to the tho torm tl term or substance of ot if the tho complaint or warrant of or arrest or the commitment or tho ho Information but merely as nil to the tho preliminary steps taken to Institute the lie cn case tho ho district judge had hot tho jurisdiction to decide whether lie tho stops ere tere lent to 10 sustain tho this lout tion anti and Rill he ho octet acted within tho lie scope of ot hitH hili authority when ho lie denied d lie dc Uc readouts motion to quash and nail plea to tol the lie l o jurisdiction of ot the lie court It If there was unit any committed In that re itt Epert by hy the lie lower tower court tho the opinion states that hint tho Ito proper remedy Is by b and by b writ of at prohibition |
