| Show local ana other matters diat KIat FRIDAYS DAILY dally AVO 22 2 instantly killed A dispatch aroca P cef states that y ester eater day johnson gfa Gla glanville riville jr a miner of that place places was instantly killed kuwa by a cave in the tecumseh lillue tane railroad matters bishop john sharp returned from the terminus ot of the utah southern last evening the work on the extension ia Is being rapidly iron lion la Is not furnished urnis hed bed fast enough elnua to keep a fali fall force employed the freight bubness business of the local roads roada is increasing the there W were te more cars of freight in tha the da depot depol e yard yesterday than there had been any day before for six year yearn Q last list evenings freight train north took out 30 cars cara and tha southern brought in 33 ogden items bulam W WU iam lam henty henry 1 imprisoned in uhe tha court house H ouse tor tur robbing win nei Nel nelvina vinis room at the globe hotel the other day tried escape yesterday morning sent bent out to empty a bucket of slops ii to his neels heels aud finding he be was pursued took refuge in a barn beneath the bay he was found and escorted back to his quarters A contemptible cun con balf half drui drunken iken fellow named vm wm price on wedlee day evening gave vent to the ea sa of hib hla position dl by PY cut ting 0 oaf off a pori portion loLl of thia ilia th tali tail of a valuable grey groy greyhound hounds passing up the street such a piece of cruelty should be punished aa as it dek def deserves erves we vve are indebted to the Di for foi th e above w HABEAS CORPUS I 1 A application OF or tre THE THE PARTIES TO APPEAR IN COURT arties TOMORROW MORROW TO at atlo 10 this thia morning the supreme court of the territory of utah opened aa as announced chief justice john A hunter and associate justice P H E emerson merson being present judge boreman having failed to arrive as expected the hearing on the certiorari was deferred until tomorrow to morrow saturday morning at 9 previous to adjournment mr Raw rawlins lins lius of counsel for the executors read the following pet fori 1011 for a writ of habeas cepus which was issued the tho executors will therefore appear in cou court rt tomorrow morning to attend the hearing on this and und the other proceedings ce in their case PETITION toa TOB WRIT or OF HABEAS CORPUS viled TILED AUGUST 22 1879 lo 10 the kon son justices rust fust icea of the supreme court of utah territory the petition of george gorgo Q can non brigham young dAlbert an Cirr airrington ington respectfully shows that they are now prisoners confined in tra tue of michael states marshal lor the territory of utah in the penitentiary in the county of salt lake in baid bald territory your petition petitioners ers also aleo shiow show that such euch confinement Is by virtue of or a warrant a copy of which is hereto an marked A and thal thai the ibe facts fact concerning the mid imprisonment of your petitioners ers arp are aa all followay sy to wit that on the ilo ilu day of june A D 1819 emeline emelino A young yuting ou on herself and fhe iho beirs heirs at law ani kni legatees lega tees and beneficiaries will and testament of young late of salt lake utah territory deceased a suit against and aud others 0 by y filing h her er knipl nt ju the district 4 r court of ottha tha the third of utah and und causing a summons to be issued there thereon A copy of said comp complaint labit Is ib hereto annexed and marked exhibit 33 1 and made a part hereof after tue toe filing of offield said sald complaint and upon the same amme day without any notice to your petitioners ers or eitner of them upon said eaid complaint alone an order was made mado by the judge of said courte court directed to your petitioners ers and others a copy of which is attached marked ex hibit C 1 and made part of this petition that on the soth day of june A D 1879 and in due duo time after service of ube ibe summons and a certified copy orlaid of baid said complaint upon them your petition petitioners ers tiled filed their ee parate answer tho iho thereto reto duly verified A copy of said answer with verification is hereto attached marked exhibit D and made a of lula petition that on the second day of july A D 1879 the of W r ri 3 ble mccornick McL Cornick ornick and of ufa J G sutherland and john B R mcbride coples copies of being hereto attached marked respectively exhibit exhibits a elz etz ell E and nud IF fand and made a pai t hereof were made aud filed in said bald upun upon and without any other or dif terent forent showing and without any previous notice of your petitioners erg ers on the tho bame same day the said court made the order hereto attached marked exhibit ul G and made a part of this thia petition that on the same day days pursuant to bald order an attachment issued and your petit petition petitioners louers erb ers were arrested brought before belore sald said court bud and held to answer as for the alleged contempt therein mentioned that on the lath day of july A D 1879 your filed their answers answer ansour duly vc verified rifled to the baid said charge a copy of which with ver vet thereto ia is hereto attached marked exhibit 11 11 and made a par part i t ot of this petition thereupon arter after hearing evidence evid enco and investigation or bala salti charge on the soth day of tendered rendered its ita opinion and flud findings ingal and on the bhame barno day filed the samei same and also filed died the order bokhof both of which are hereto attached marled mailed respectively exhibits 1 I anu and jarid jarld s and made a part apart of this petition whereupon the warrant lie lle rein n mat rbt set outa a issued and lour our petitioners ers ets further farther state thad that thatis it Is a n dot DOC ot within their power or the power of either of them to comply with the balu bald lait la it mentioned order orden with respect to the dell deil vary of ot the property pro pio perty to the receiver aa as therein directed and your further furtner state that the record of the wore a suld proceedings and judgment aud and conviction la now in this thia coun court certiorari oa to said bis dis district brict coult court and your petitioners petition ers pray said record may be consi considered derad sd by the court her ber herein efti and your petitioners ers further that they ure are advised by their counsel bennett harkness and sheeks residing in sit salt lake Cit and verily believe belleve that their imp doumen donmen t is illegal and aud that such buch illegality consists in this thit 1 the tha court had no authority to leatia an attachment as for contempt upon the order marked exhibit gic gio 0 O or upon a fail fall rire tire to comply therewith 2 0 the tho affidavits mah mak baked ed exhibits W gie gim and IF did not state facts buffi sufficient clent to authorize aut borizo the issuing of buch euch attachment or to give the court coutt jurisdiction to proceed fi against your petitioners petition ers as for contempt t 3 said attachment was issued without notice to your poti petition petitioners tion ens ers or either ot of them 4 the court had bad no jurisdiction of tha subject matter of obeaid eaid said charge of contempt 5 rhe rho order marked exhibit J was in excess of the jurisdiction of the court and void in addition to td the tho reasons mentioned because ic it embraced matters which were not the subject of the tho charge made lathe in the upon which the proceeding aa as for contempt was based and in res respect hect to which your were not called upon and hud had bad no opportunity to abs answer and because eaid order directed the i delav delivery e ry of which had passed beyond thir their control and which they had no p pwen power wen to de iver liver aa as appears from the face fice of syd stid order and aud did not pot embrace any aDy specific property the a assets sets of theesta the estate of the baid said decemia in their 6 That said baid order and the warrant of commitment thereupon issued were werra otherwise illegal and void aa as appears from irom irom the facts hereinbefore set foith forth wherefore roford reford your petition petitioners n e erb ers ri pray a writ corpus to the end thal thai they may ibay be dle die charged from custody i I 1 GEO 0 CANNON youna ALBERT carrl CARRI carrington NUTON sait salt lake lako Co county tinty I 1 88 ss 88 geo Q cannon Brigham Brigha mYoung youn 91 and the peti pett above named being severally duly sworn each for sayd sayel 1 that he be baa haa heard read the forego foregoing lug petition and knows the contents con coti tente tents thereof that ia is true of his bid own knowledge except as to the matters therein stated elated on information and belief and as to those in matlega he befi believes eves it to be true GEO Q CANNON YOUNG ALBERT ALBEKT carrington INGTON subscribed ribe ilbe id and sworn to bufore before moe roe this day of 0 august awn AD 1879 JAMES JACIC JACK notary jb 1 bublic for fur salt oake oakl county U T tho the exhibits referred biln to in th above petition appeared appealed it print before it is therefore cestary to again rive give them ty in uil uli full all FROM SATURDAYS dail KAIL aca 23 for soda last evening T IS taylor esq eq bu business siness sineas manager of this office and Eld elder W W raylor faylor clerk ol 01 the stake will start with their families for an outly out of beveral several weeks at soda springs nga oga ve ye wish them a pleasant visit and a sate return exciting runaway last even fog about abou L 4 oclo nelo cit a team hitched tot to a loaded wagon at one side oi 01 main alain street became frightened fright ened foed broke loose and started up the tbt street at a terrible terri blo rate ur the corner opposite this office they the y ran east for half a block came in iti contact with another span of of horses also hitched bear benr the sidewalk and were brought to a standstill in the water ditch near by nothing burt hurt but one of horses horbes ran into by the runaways runn runa waye police count court A fellow named harmon was yesterday before justice tice on a chargo charge of threaten ing to kiil kill his wife wire it appeared that be he had repeatedly beaten and otherwise ill lil treated her and was waa generally cruel and brutal in his deportment towards his family he wies was placed under bonds of to keep the peace for 6 months j assessed hessed costs cost and in default of bail bali committed to prison affidavits of two water stealing cases in the sugar fugar ugar house ward were filed this morning and were to be heard this af afternoon ter noon dispatch gleanings colonel lil all miller ler and nad the other members of the california rifle team passed through ogden yeat yesterday erday on their way to creedmoor creed moor 1 to contest in the international shoo shooting ting match next month yesterday a matta man mau detected in secreting a pair of new pants in a saloon was arrested on suspicion of theft which was afterwards confirmed by a merchant identifying the apparel as belonging to his store I 1 the three worthies found in the glass carat car at the ogdon ogden depot the other day have been bound bouda over in the bums of each they gi give ve their na names mets as georgo george lee tony coyle and thomas johnson air mr john greenwell green well weil of west weber while killing a sheep the other daymut his hand very severely inflammation laflam mation matlon hav having ing set in it Is will be necessary tho movement inaugurated we are pleased to notice that thal a step is being tallen taken to establish the new plan of graded schools discussed at the educational meeting held in this city several days ago to the thirteenth ward belongs the credit of the tho initial movement the their ir trustees having decided that the primary and intermediate departments part menta ments of their district school shall sll hereafter form grades to the deseret Univ erelt ahe design a to extend this system gnout the city thereby making a complete comple pie te and thorough gradation from every district to id the university with dr john B R park as principal by this means stricter economy order and ohel dhel discipline pline will b 0 lm ur edy eds ed means and ability will wil be concentrated cent dent rated and better facilities afforded for the pursuit of learning in every everyday way pupils will iid lid no louger longer be compelled jo to lenter center primary grades when fully prepared for more advanced departments nor forced to enter clab das ses seb for which they are dot sot properly qualified through the lack of schools of a lower we NV e can seo see in thia this we hope ia Is fo be gene geDe generally rally raily adopted many advantages which do not now no w exist for the furtherance of the cause of education in our midst habeas corpus and Cart lorari at the opening of the ti he supreme court this morning all the justices be bing ing present judge bennett Be unett of counsel for the executors moved for the return of the writ of habeas corpus 40 apus linued yesterday 3 and as the executors Exe eutora cutora were present in court awaiting the beating in the matter that it be proceeded with summarily judge bu therland sutherland of cou counsel tor for or the other side stated that they were not ready with their argument on the matter of habeas cor pus and desired that the certiorari c case ste ate proceed in the meantime to this the court acceded stating that the hearing on habeas corpus would follow that of certiorari and that in the meantime though not wishing to appear harshly barsh harsh lt could not admit the executors to bail ball and was war therefore under the necessity sf of remanding them to the custody of the marshal the certiorari hearing then commenced judge sutherland presenting the following rn motion in the supreme court of utah territory june term j 1879 1 I 1 A YOUNG et al alf vs GEO 4 CANNON CANNO et el al defendants 0 ON 1 certiorari I 1 now come the plaintiffs by their attorneys kt orneys and move to quash the thel writ issued herein ht rein on the mh day of august 1879 and to dismiss all proceedings heroin on certiorari upon the ground that this court has no j to issue bald said writ oi 01 to heror hear or determine the proceedings herein on certiorari thau that thid this court coutt has no original jurle furie diction and no jurisdiction ol 01 this cause sutherland tilford hagan rag HAG A attorneys tt orneys for plaintiffs judge sutherland then entered into an extended argument to show that supreme courts have no original but merely appellate jurisdiction they being merely tribunals they had bad jurisdiction in matters of certiorari unless the case in hand was not 40 10 CAI cal p Ali an judgments not linal final were in iii chii contempt case the judgment was waa final and aud therefore not but the supreme court bad had no right to issue the writ of certiorari tao tae speaker also referred to sec see 9 of the revised statutes of utah tind bind rd claimed that not only was waa certiorari unmentioned among the modes of review and there fo fore foro not available on the code but that legislatures had no power to extend the jurisdiction of su supreme courts and hence were without the right of conferring upon them ju rU dIction in mattery of another argument was waa that certiorari was waa peculiarly up applicable to corn coen common mon law cases and ana not to be used in suits in chancey chancery this argument being finished judge Harkne harkness ea and J jj L rawlins raw Kaw lins llos esq of f counsel for the Executor executory is replied in turn the former submitted a brief of their argument meAt a and nd con considered eldered some of the the tho point advanced by the opposite ite side bide the tbt latter took up and answered other points of the same the tho substance D of the return argument was waa thau thai the supreme court had j jurisdiction to labots issue the writ of |
