Show THE DISTRICT COURTS tile tiie cases before judges sandford henderson Hender soa and judd THIRD DISTRICT COURT 1 yesterday afternoon judge sandford filed the following opinion in the auit ol of L P kelsey vs george D 1 the relator is the assignee of a claim of the mileage and tee fee of john C stevenson alleged to arave have been a witness for one day at the term of the third district court bourt held in february and iu in attendance thereat when criminals criminal 8 were tried for violation of the territorial enactments the court awarded an alternative arrit of mandamus requiring the responds respondent 1 to pay the claims of the relator or why the same should not be done to the writ the defendant has demurred on the grounds that it does not contain facts sufficient to constitute a cause of action or for the relief demanded and the case comes before the court solely on the allegations of the writ the demurrer admits the truth of those allegations by chapter 52 section 1 ot of the territorial laws of 1888 it is provided that witnesses attending for the territory in criminal cases in the district courts shill shall be paid at tue rate of 3 9 per them diem for each days at this art act was approved march fth aw and after the rendition of the services oi of the rela re latora tors assignor it expressly provided that it should bo be in force from and after the date of i its ts approval this was the latest ex expression ot the legislative will chapter chapters ert 53 laws of md 1888 the question then is whether a witness in such a case shall be paid for his attendance act or under a prior act it ib a general rule that a statute effew ing rights and liabilities should not bo be construed so as to act upon those already existing and courts do not construe acts to have a retrospective operation unless the intention be clearly expressed A statute to take effect upon a J future day has no force until such day has arrived later specific provisions of a statute must prevail as against against earlier general provisions which mig might t otherwise prevail until the later act act took effect the former act or acts the fees of witnesses were in and their provisions were the only rules lor the pa pay n nent ent ot of witnesses wy by this act of im supra sn the commissioners ave certain powers section 13 but bat the power to alter the per them diem rate or the mileage fees is not given them that was fixed by the legis 1 lature and they have mo BO power to change the amount of fees for services rendered prior to march 8 the motion to quash the alternative writ of mandamus must bo be denied unless a return or answer be made hereon within ten days a peremptory writ requiring the commissioner to proceed and take action will issue out of this court today in the case of A Cill anim ond vs alex glen the plaintiff not being present was dismissed on motion ot oi the defendants attorney george A luke vs harriet A lewis case settled and dismissed the petit jury were excused until thursday december 6 margaret hamilton vs emma fulton et al defel defendants adanto move ter a continuance and file affidavit ther elor memorandum OP OF BUSINESS I 1 transacted by Honorable elliot sand ford as judge of we tue district bourt of the third judicial district of utah territory from september 1888 to november soab IM 1888 inclusive sitti sitting g as a court during 49 days CRIMINAL BUSINESS jury trials is 18 dismissals 20 pleas fleas of guilty 21 judgments pronounced in criminal cases caes 0 39 9 CIVIL BUSINESS jury trials tn als 22 trials before the court 26 options heard beard and determined decrees in naturalization 19 judgments rendered 41 FIRST DIs COURT PROVO proceedings yesterday before judge judd in abe case of the united states vs J A pace the curt made the observation that in the ad ministration administration of the law the court can not look upon or treat the plural wives as harlots while the law does not recognize the in arriage as lawful yet the women nave ave some rights in their husbands property under certain circumstances there is also a divorce case between helen pace dud and john A pace mr pace was indicted for and pleaded guilty to adultery at this term of court and promised to obey the law afterwards it appears the promise was not kept A decree of divorce was rendered dered and the first wife gets the house an and d I 1 lots iu spanish fork and one halt half ot all the defendants other property the plural wile gets abe other halt the tae court paid faid the defendant ought to be sent to the penitentiary for three years betit but if lid hi will now execute conveyances vey ances to hiti bis property as decreed f and marry the wife the C couri ouri will not imprison him the defendant is to pay the costs and attorneys fees of the divorce case anna marks vs W 11 culmer calmer et ai trial still in progress FIRST DISTRICT at ogden yesterday the following cases were before judge henderdon Hend Hender ergon edn hiram bowen indicted for cohabitation was as ordered to appear for or arraignment on dec ad josiah read head a native of england now dow a resident of weber county ap 1 piled lor for citizenship lie he believed lu ill revelation and polygamy and that it the latter was to be revealed as a prin 1 ciple I 1 that higher bibber law should supersede t the he laws made by man the court thought he had bad better think the matter over tor lor a few diye days and therefore refused him admission niels P charged with unlawful cohabitation withdrew his p plea les ol of not guilty cuilty and substituted one 0 of t cuilty u ity Sent sentence eLCe was set for dec henry charged with unlawful cohabitation withdrew his bis former plea of not guilty and entered one of guilty sentence was set for dec the two cases of the united states vp VF annie hansen and wm win willey were ordered dismissed robert L watson and john ramsden were admitted admi admit tied Led to citizenship the cases of the united states vs wm win williams adultery and mary ward fornication were ordered dismissed the case of the people etc vs v james awley Q petit atit larceny was placed on trial ariar the be evidence was not sufficient to convict as aa it app appeared pared that the alleged stealing could not be called such and it was therefore dismissed cleanth jensen of clarkston ClarK cache County charged with unlawful cohabitation withdrew his bis plea of not guilty and rd pleaded guilty lie ile was desirous 0 of f receiving sentence at once as an be wished to have ave his bis punishment over with by the opening of et aspria a he was 49 40 years of age b bad ad three wives married the first wife 21 years ago and the other two dj during ur ale winter of the tw two were 29 and 34 yeara of ape age his youngest children by them were 13 and 17 months old he had sixteen children in all he was a bishops counselor had heard that there was a law against polygamy court I 1 find that a great number of your people from cache county who have been here for a been to a great extent unacquainted with the fact that there is a ia law w prohibiting polygamy now you are a bishops bIshop 18 counselor and it is your duty to tell these people about abolt these matters your ar duty in that respect but you rave have set a bad example to them you held an important position among them as a leader you have taken an aa oath to uphold tue laws ol of the land isad and you deliberately broke them the sentence aea sea tence of the court in your rase case is that you be confined in too penion biary for six months and pay a line alue of f later on ob the court stated that be had forgotten for the moment mr hensens jensens Jen Jens sens enla plea of guilty which should be taken into consideration and there tore diminished the fine to john Halg halgren reu from richmond hanged changed his bis plea pica of not guilty oi 01 unlawful awful cohabitation to guilty and upon presentation of mitigating circumstances cum stances the court sentenced hita bib to 30 days imprisonment had he be been able to pay a fine of 50 he would not have been unde andey the necessity of going to prison peter C jensen ajensen CJ ensen charged with unlawful cohabitation changed his plea of not guilty to one of gouty yen beli tence was set lor for dec on petition of ef david reese marshal of brigham Bri aham city who had bad bet bein n arrest ed and bound over to keep the pence peace and bad been ommittee to the sheriff the court issued a writ of habeas corpus and the hearing of the ease case was set eel tor lor friday dec 7 |