Show LOCAL mio MID OTHER othen 1 FITTERS ATT E R S FROM FRIDAYS DAILY AUG 23 the tooele election case on the assembling of the third district court in chambers at ten this morning judge I 1 mckean 1 C made the following ruling and order territory of ubah utah third district court Lawren lawrence ceAL ceak A brown vs thomas atkin treasurer of tooele thoele county after hearing the proofs of the respective parties herein in in pursuance ursu of an order for trial matle macit made and filed on the day of august 1874 and after hearing mr hagan of counsel for the plaintiff and mr sutherland of counsel for the defendant fen dant the following conclusions of fact are found to wit 1 that on the day of an aug 1874 the defendant was and U he still is the acting treasurer of too ele county that on oa the said day of august the plaintiff called upon the defendant at the office of the latter in said county and then and there exhibited to the defendant a commission bearing date ou the day of august 1874 signed by the governor and antl attested by the secretary and impressed with the seal of said territory and such commission recited the the facts that where whereas lawrence aLawrence A brown wason the ad day of elected probate judge within and for the county of Too elein the territory of utah and he having duly quail qualified nned fled as such as ap appears pears by the tile proper evidence on file in the office of the secretary of the territory therefore 1 I george L woods governor of said territory Terri tor do hereby commission him a probate te judge for said county in said territory etc and that thai the defendant an t then took and examined the said commission commIs sign 1 2 that then and there to wit at tooele thoele aforesaid on the tho day of august 1874 and after said exhibition of said commission colu mission the plaintiff presented to the defendant as treasurer of said county a bond for the faithful discharge of his official duties in the penal sum of five thousand dollars with two sufficient sureties to wit horace bliss and edward W jones who then were and still are residents of the said county and worth the sum for which they became liable to wit the sum of five tive thousand dollars over and above all their debts and liabilities in property not exempt from execution which facts were verified by each of said sureties by affidavits attached to said bond that the plaintiff thereupon demanded of the tho defendant that the latter approve and file said bond that defendant refused to approve or flie file ille file the same assigning as his reason for such refusal the alleged C fact that the election of plaint plaintiff lIT to said office of probate judge would be contested that the said bond was left with the tho deren defendant dant daut by the plaintiff and that the tho said horace bliss and edward W jones were then and now are and each of them then was and now is worth more than the sum of twelve thousand dollars over and above all his debts and liabilities in property not exempt from execution tha thal t the defendant afterwards made som some P inquiry in relation to the pecuniary responsibility of the said aid sureties but there is nothing to show that either they or th the tho 0 plaintiff had any notice or knowledge of such inquiry nor does it appear that kny huy evidence was taken therein the conclusions of law jaw herein areas fol foJ follows lows tle the commission exhibited by the plaintiff to the de defendant was sufficient evidence to the latter of the right of the former to the office of probate judge and of his right to give a bond for the faithful performance for mance of the duties thereof the supposed or real fact that the plaintiffs right to said office of probate judge might or would be contested was a fact with which the defendant had nothing to do it was no reason why the b nd of the man who bore the commission 8 should hould not be approved and filed the inquiry in relation to the pecuniary responsibility of the sureties made by the defendant after he had rejected the bond was not so conducted as to justify him in continuing to reject it il the authority of the treasurer in in approving and filing bonds must be exercised reason and not capriciously he cannot be permitted arbitrarily and for tor partisan purposes purposed to keep a man duly commissioned out of his office the bond presented by the to the defendant answered the requirement of the statute and was wah ejected rejected by the defendant w without ah t out good c cause ause when the alternative writ of mandamus was wag issued herein the p ian jan tinn tiff X had a good cause of action aerio n against a feinst the defendant the alleged fact t that since then the selectmen have increased the penal sum of the bond of the probate judge of tooele thoele county cannot have a retroactive tro active effect and defeat that cause of action the defendant cannot now avail himself of that fact as a justification of a wrong done before the fact existed if such has been the action of the selectmen the legal effect thereof will be decided when the question is properly raised it has no in this case elve eive 0 thousand dollars was the sum provided by the statute and stated in the bond and the treasurer had no DO right to wait for the selectmen to increase the amount a thing which the tho selectmen were not bound to do the defendant has not shown good cause for refusing and neglecting to approve and nile nilo the bond in question and the plaintiff should have judgment against the defendant for the peremptory writ of mandamus with four hundred dollars damages besides his taxable costs it is ordered accordingly dated august 28 IS 74 JAS B MCKEAN judge y art arn after erthe the reading of the foregoing by the court mr sutherland for the defendant gave notice of an appe ampe appeal al to the supreme court of the te r to ry pending decision in which court he asked for a stay of proceedings in the case the tho judge intimated that he would prefer not to hear arguments of counsel then but was inclined rather for mr sutherland if to submit the necessary papers to him and he would decide the question as to the granting of a stay of proceedings ce atter alter a careful perusal of the statutes mr sutherland desired that the matter should not bo be decided by his honor without his being heard judge mckean said if thelah the law positively required him to grant a stay pending an appeal of course he would do so but lie ho did not intend to decide that in way without being positive as to the law as aa in view of the statute relating to probate judges which requires that they shall hair hold office for two years or until their successors are elected and qualified if lie he granted the tay stay of proceedings lb he would virtually order that the plaintiff should not hold the office of probate judge of tooele thoele county for were the case easue carried to the court or of last resort his term of office would in all probability have expired before a decision i be reached finally the court gave counsel the privilege of arguing for and against the motion for a stay of proceedings each argument to occupy twenty minutes in delivery A sad affair A few days ago we stated in the NEWS that daniel H R midgley 3 a nine nine year old sori son of brother and sister midgley of the ward vard had his arm trod upon by a horse at the time ot the accident there were no particular apprehensions of any very serious or at least fatal consequences result in 6 and aud the tile little fellow was out in a carriage ye yesterday with his mother r last night however he gave indications of being in a very precarious condition the fact of the matter being that mortin cation in the injured arm had set in which extended to his body causing his death at about half past seven seven this morning in common with other and numerous friends of brother and sister Blid midgley gley giey we extend to them our heartfelt sympathy in their bereavement military last evening general john E smith the new camp dauglas commandant and a portion of his troops the fourteenth infantry in lan fan try arrived in this city they were met at the railroad depot by general morrow and the other camp officers as well as a number of private citizens personal friends and acquaintances of general smith who was heartily welcomed once more to utah the troops at once proceeded to the post preceded by the regimental band which made the air resound with lively airs while they were on the march general smith and wife and several officers of the fourteenth and their wives went to the walker house where they will probably remain till sunday at which timo time it is expected that general morrow and the portion of his command at camp douglas will leave for their newly appointed stations in wyoming territory suicide on commercial street this morning it was discovered that a mab man man named gilbert F morris occupying a room in commercial street over the workshop of mr W J hooper had taken morphine with a view to committing suicide dr S B young was immediately sent for and on his arrival did all that could be done to resuscitate the unfortunate man but without effect he br breathed eathea his last at half hair past tm t elve it appears that the deceased had been in a very sickly condition for a long iong on 9 time having been a great sufferer from an disease and had several times threatened to commit selo seio destruction only a few days ago he had purchased a bottle of e tor for corthe the evident 1 purpose of carrying out ou t that intention but his friends succeeded in getting it away from him subsequently lie he purchased another bottle of the same stuff and from its appearance when found ho he had evidently taken about thirty grains gilbert F morris had been in the territory a year or two was formerly of aurora illinois was about 42 years of age and a brother in law named case and a sister of his are now living at waverly iowa on account of his sickly condition of health mr morris was somewhat reduced in circumstances all of which tended to render him mentally deSPOD despondent dent coroner georgo george J taylor and a jury ry be held d an inquest over the body this thib afternoon |