| Show from the dally daily of nov L THE CASE AGAINST DELEGATE CANNON inthe IN ix the third district court bonalon on monday day chief justice hunter rendered a decision in the campbell cannon case as follows IN tue tun DISTRICT COURT comit 1 fou FOB THE tall JUDICI JUDICIAL ALbi albl dis 8 V act l OF or UTAH TERRITORY J ne the united states on the Be relation lation 0 of mien alln ff campber campbell Camp ber beU plaintiff tyl vs george Q cannon deafen defendant dant complaint to annul a certificate held hold by defendant and used by him as a certificate of naturalization the demurrer of the ibe defendant to the complaint filed in this action having been heretofore argued by counsel for the respective parties and taken under advisement and the court having duly considered the same and it appearing to the court that the attorney general of the united states should file complaint comi I 1 ia in behalf odthe of the government an fn in such cases and that from tb the 0 facts stated in the complaint which are admitted by defendants demurrer that there is no record of defendants and that no proceeding for that purpose ever took place in court and that the certificate held by defendant as a certificate of naturalization was obtained by fraud and has bas been fraudulently used and is void on its face in not professing to be tho copy of a record and not certifying a regular naturalization and therefore that there bisno is no sufficient cause shown bbown for tor annulling it it is ordered that the said demurrer be and the same J so jam L oba ajr and that the complaint be and is hereby dismissed signed JOHN joun A HUNTER judee judge IS LS attest H G AN deputy clerk that this decision may be properly understood and correctly valued valued it will bo be necessary to make some explanations e 1 la nations it is well known that hon george Q cannon was elected in november 1880 as delegate to congress that he received votes while his opponent opponents mr campbell received but 1357 votes that not with standing this and the ibe the provision of united states law that the person having the greatest number of votes a mil mii be declared by the governor gave a certificate of election to alien allen G campbeli campbell thata that a copy of the returns certified by the secretary was filed with the clerk of the house of representatives at washington that this being regarded as a valid certificate mr cannons name was entered upon the roll and that news came of the payment to mr cannon of the per diem them as a member that mr C camp bells helps attorneys failing to get hold of chisper diem adz ew reported to be their the expected r c t e d fee for working w wretch e ch ed d case c se were exceedingly wrathful and that they instituted proceedings proceed inga ingi to enjoin mr cannon from rece receiving V any mcney which might be paid to him as the delegate from utah on the of june 1881 the attorneys for mr sir campbell campbeli in company with the district attorney n ey swore oud out a complaint complaints which after going over the oft refuted statements sta temen la about mr cannons jack lack of citizenship asked askea the following lat that the court adjudge and decree that the said defendant george Q cannon is not a citizen of the united states and has not hitherto been or ever was naturalized according to law as sueh such su eh ad that the certificate of naturalization aliza tion or pretended naturalization now held by said cannon dated december ath 1854 as set forth in the complaint be adjudged fraudulent and void and be annulled 3rd ard that the said george Q cannon be enjoined and commanded to desist deslat and refrain from demanding accepting or receiving ec elving from the treasury of the united states through its dis bursing of officer fleer the sergeant at arms of the house houe of represents tives of the congress of the states or any other person directly or otherwise the salary and aud compensation pensa tion pertaining to the office of delegate to the 47 tb congress for the territory of utah pending this action and upon the final hearing bearing the injunction be made perpetual ath for such other and further relief as the justice of the case may require and for costs of this action PT VAN vax ZILE U S dist atty and SU nand LAND macbride MO BRIDE attys without stopping to consider the folly of attempting to enjoin a man from receiving money tendered him as salary for an office to which he was elected we have next to refer to ta the demurrer to the complaint which was interposed by mr mi cannons attorney as annexed in the District court for the third judicial district 0 of f utah united states ex rel fel alien allen G campbell plaintiff demurrer vs george Q cannon defendant the defendant answers to the complaint and for cause of demurrer alleges Thair the court hu has no jurls juris diction of the subject of tho the action 2nd and that the plaintiff has no legal capacity to sue the cause of action mentioned in the said writ but the action should have been brought in the name of the real party in ln in terest viz alien allen G campbell ad that there is a misjoinder of parties plaintiff in this that the comp complaint faint attempts to unite a cause of action in which the united states alone as a republic in its own behalf is interested and one in which alien allen G campbell is alone interested ath tha that several causes of action have been improperly joined to wit accuse of action for annulling a certificate of naturalization with a cause of action for enjoining defendant from exercising the functions of office of delegate to receiving pay ath that the complaint does not state facts sufficient to constitute a brown BBOWN attorney for adept TERRITORY OF or UTAH 1 salt lake city f arthur brown being duly sworn says I 1 am the attorney of the defendant in this action I 1 know the matters contained in the fore foregoing ang demurrer that it is not interposed inter posed for delay merely but in good falth faith and I 1 believe it to be well taken artnur BROWN bro VW subscribed and sworn to before me this day of june 1681 0 J averill clerk by H G deputy clerk this having been argued pro and con was taken under advisement by the court courts and the decision is given at the commencement of this article it is a most remarkable document the dismissal of the case is undoubtedly correct it is evident that it had no legal leg to stand on it was simply a piece of vexatious ung ong gation gatlon exhibiting more than any biting else that quality I 1 supposed to be needful to t the tele lele legal 9 a profession and vulgarly called sublime 11 cheek 11 the judge may be quite correct in his hia opinion t at the proper person to file complaint in such case Is the attorney general of the united states but he certainly is not cor nor even truthful in stating that by defendant defendants demurrer it is admitted that there is no record of defendants naturalization that no proceedings for that purpose ever over took place in court etc etc the demurrer is copied in full fh in in 0 this article let the reader examine it and find if he can any apy anything thing a ap preaching pro aching to an admission admi aaion of any 0 t the allegations set forth in the complaint and declared by judge hunter hun t to be in the demurrer this declaration cl made by the judge cannot be viewed in any other light than as a gross perversion of truth athe the demurrer is here the decision Is here let the them be compared and then let 1 any honest man decide how bow much truth there is in the latter litter As a matter offart of fact it is absolutely untrue but lest iest it should be argued as a matter of law that the fall fail deny the alleged facts of or the complaint was a virtual or legal admission of their truth we will briefly examine that side of the subject supposing that either ay by tar tacit it acknowledgment or actual statement the facts alleged were admitted in the demurrer does not any one who understands anything of law or of ordinary debate know that such admission would only be for forthe the purpose of trying the main questions ques quee tion which was the dismissal of the suit for the reasons bet set forth af if such admission had been made mide it would have halve been simply for arguments sake the proof roof root of this is in the fact that if the demurrer demurrer Ne had been overruled the case would then have been tried on its merits the admission in the demurrer could not be pleaded in the trial the alleged facts would lie open olento to denial and would require e just as much proof to subs bubs substantiate tantia te them as if no such ad admission mission had been made or demurrer int interposed reposed in arguing a demurrer of this his t kind the sufficiency of the complaint is tacitly admitted because tle point at issue Is not lla prove its truth or falsity but to decide the questions in demurrer of law not statements of fact are involved if the demurrer had been overruled ten days would have been given under the law regulating such procedure to file nile an answer to the complaint in which nil ell the statements of fact could be denied let jnet ua us see eee what the authorities have to say on this question in the case of the commercial bank bankc of manchester vs H S buchner appealed from the circuit court of louisiana to the supreme court of the united state justice wayne in rendering the decision haid said it was frequently urged in the argument by the counsel for forcum eam nants nanta that the demurrer of the defendant was a confession of the frauds alleged in the hlll bill and that therefore the circuit court had hadju ju T ris lis diction to relief our view of that demurrer Is dlf dif lerent different it ia Is only a confession of facts weli welt pleaded but in this bill bul none were so the power of the court to give relief and ol 01 the complainants nants to bring a suit sult either at law or in equity for the original debt which they had llad proved in bankruptcy having been mistaken 20 howard page that the facts in this case were not meil well pleaded ia a proven by the dismissal of the whole care case including both facts and legal propositions in I 1 greenleaf on evidence section we find the following buta bu t a demurrer in chancery does not adit admit m the ducts charged in the bill bli for fon fo rif if it be overruled the defendant may still answer so it is as to pleas in chancery these as aswell well weil as demurrers being merely h hypothetical y bt that supposing ilg ing the facts to be as alleged the defendant is not bound to answer other authorities notably 9 barbour page soi might be cited showing that judge hunter not makes assertions against the facts but contrary to plain and simple principles of law IV we do not pot wib wih to enter into the question of motives they aro arc biffl cult to determine we know that judge hunter is wrong in fact and law in this matter matters that he has stated something which cannot be sustained by evidence or argument but why he did it we will ili say bay little about whatever induced him to take talle such an indefensible fen sible stand he be has haa placed himself in an unenviable position and will be the laughing stock of the bar and the judiciary wherever the case is known and understood that will most interest our readers ie Is how does the case stand now it stands just where it did before the suit oom com commenced m encee the case against him is dismissed our pur delegates delegated name appears on the roll of the house Should there be any contest in congress it ivill will come before men who understand these legal points and by whom all the shifts and subterfuges es which have disgraced dlF graced the attack upon him will be clearly perceived attempts will be made to deceive the public by the wording of judge hunters decision but in congress such deception will signally fail and the ninal final every step taken in this shameful conspiracy ay to cheat utah out of representation in congress will only exhibit the strength of our cause and the depths of chicanery falsehood and infamy to which men will stoop when filled with animosity towards the mon mor mons |
