Show HIGGINS AND FOSTER VICTORIOUS Po 00 1 OO An h is le all too well known t to R Record rd readers for lo 10 these many moons moons rumblings have been long often loud threatening an oncoming Battle Royal Royl between Fillmore Bill O our or own wn more or less leIS able but rather r pugna pugnacious cious rious and more notorious than famous tam lam lamous ous district attorney and the incumbent Incumbent bent of what should be and which is la spite pite of all that has happened 1 in fact is the highly honorable office of Judge of this district court o othis of f t this county and the district courts court e of the other counties of the Fifth h Judicial District of the tho state That Tha t Battle Buttle Royal is now on and the endIs endIs end endis d td is not yet can any s be found willing to risk his reputation re re- reputation re by stating when the end i is s likely to be reached All AlI that ca cabe can n be said Mid now is that the holiday spirit of peace on earth good will to man particularly as affecting each other finds no lodging place in the breast breas of either Higgins or Burton Fro From m present appearances it would seem see m that while the public is lo 10 ing Peace Peace j 1 there is ana will m mL Le L no peace between these two and an d that neither will bear good will n to the tte other It is le a lawyers' lawyers scrap and ther therefore there there- r fore fote legal phra phraseology perhaps ou ought ouch h rt t to be employed in reporting its pro gress great The Record is not versed i in n that kind of language It will f for fo nr r that reason use only ordinary common cornmon com corn mon or everyday English in speaking speaking speak ing about this feud controversy o or r whatever it may rightly be called an and d that has for so long shamed and embarrassed em embarrassed em embarrassed if It not disgraced the com corn com communities of southern Utah which constitute constitute con the Fifth Judicial District The first round of the Battle Royal 1 was reported in n the tho issue of The Record Re cord ord of November 22 1924 wherein where n was chronicled the fact that at Par Par- owan the Judge told Bill that the latter lat ter had been real naughty for a longtime longtime long time past and had printed and said laid some ome mean things about Ills His Hon Honor Boni o r during the campaign and for these reasons Bill BUl would be temporarily s at t 1 least suspended from practicing law Bill claims that Ills His Honor was no not t sufficiently specific as is to whether tr r that meant in the Parowan court only or in the courts of the other counties of the district as well But then thel that that t was the first blow that landed ant and d Bill was slightly dazed The nex next blow was the appointment by nth athe the e Judge of an investigating committee committe tee of lawyers Still Bill was dazed and ana I claims to not know who or what is ie t to tobe tobe o be investigated nor wh what t the line o of f investigation may be nor who wi will 11 pay the committee for its ces s An lawyers ought to be paid fo for r whatever they do or undo you kno know w And so ended the first round the re t- t feree the public announcing a all 11 points in favor of Burton In th the e melee our own fellow townsman n John M. M Foster was blUed bitted right sigh it along with Bill BiU and in the same way wa y the Ju Judge ge remarking as a reason n that John had taken sides side s with Bill especially during the cam ca m Second round Both Higgins and Foster fresh Higgins especially showing sho renewed gameness instead of daze dazo from his drubbing of the first round Here this reporter is II compelled to revert to legal terms whether r he or his readers understand them or not Alternative writs of mandate procured by both Higgins and Foster to issue out of the Supreme Su preme Court at Salt Lake requiring Burton Durton to go up to the Big Cit City by the Lake on December and nd show cause whatever cause whatever that may mav mean These writs had the effect of instantly instant ly setting aside aalde Judge Burtons Burton's orders orders or or- ders of suspension and the two t-o legal lights were not thenceforth prevent d c-d from enjoying The Record does not vouch for what enjoying here means means means-it it had always been given to understand that what a lawyer does and calls work is far from being athing a athing athing thing of joy but on the contrary Isa is isa isa a racking nerve-racking strain and mighty hard on the poor fellow their right to be heard must mean menn to shout in the court romo to represent before be fore Ills His Honor or any other Judge who may be called into the to preside over any anyone one of the courts litigants Both Bill BiU and Foster are therefore still enjoying their fun excuse ex cuse cuss us work us-work work us-work work at the expense of foolish litigants who pay their goodmoney goodmoney good money to see them have that fun again we beg pardon we should have said do that work The same referee referee re re- feree the public announced all points of the second round in Higgins Higgin's and Fosters Foster's favor Third round State Capitol December De cember Result announced today in the form of two opinions by the Supreme Court Referee mum He lie dont don't seem to know what these opinions op inions say Nevertheless both Higgins Hig I gins and aDd Foster FOlter are again victorious The Record Is informed sub subrosa rosa that the seconds in Judge Burtons Burton's comer corner of the Squared ring are loudly as as- kerting that the Judge is not even winded not phased in fact and are asking the the ap spectators especially those of them who are betting on their inan man to wait walt and see the outcome of the fourth round which they say lay will willbe willbe i be staged at Nephi before making i up their final judgment or trying to I hedge on on their bets From the massof mass massof of legal Jeal verbiage that has been flung at The Record reporters reporter's unoffending head he takes this latter to mean that charges of contempt are to be filed Wed bythe by bythe bythe the investigating committee against Higgins and possibly against Foster but but the reporter frankly confesses that he may be in error in this because be be- cause he has not the gift of of tongues and these lawyer fellows have sure been talking in n tongues to him The hl higher her court states in the opinions that it finds an condition condit on or situation actuation in our statute law respecting the power of district courts to disbar or car suspend attorneys not heretofore noticed In territorial days the statutes provided for the admission to and removal from practice practice practice tice of attorneys by both the supreme court and the various district courts as they were then constituted In the change of 01 statehood the legislature took the power to admit attorneys from the district courts and vested that power in the supreme court only The supreme court now says that undoubtedly undoubtedly un un- the legislature at the same time intended to also take from the district courts the power to disbar disbar dis bar or remove attorneys from practice tire tice but that evidently through oversight over over- sight eight the bode ode code commissioners failed tailed to strike from section of the state statutes tho the words and by the district courts That is s the section on which Judge Burton relied relied as authorizing au nu him to make the orders enders of z Isi suspension en ion a against Higgins and Fos Fos- t ter r. r The upper court does not pass u uon on t ii n of whether or no that st sc ion as at present worded is tlona because not in har har- mory mony waft the spirit of the law as I Ip by t the he state legislature re con con- and aud the power of ofa a admission r act c of attorneys attorneys at tit law but seems to intimate th-t th the tho legislature which meets next month will I section by sti striking out the superfluous words words' and by the district courts I i I The upper court in the opinions finds for Higgins and Foster oster and I 1 against Judge Burton in this that I I while whilo a lawyer may commit a conof con cove tempt of court and as part of punishment punish ment for far the offense temporary temporal dis disbarment or suspension may come comeI pending I the time the offending lawyer law yer yen is given to purge himself Q of the contempt or comply with whatever order the district court may make that kind of contempt for which the district court is authorized to inflict punishment must moat be some act or con con- conduct duct of the attorney connected with I 1 some some official act of the judge and be committed in his presence while act ing That is la it is the tho dignity of the court as an institution and not ne necessarily tie tie- I of the judge as an individual ual that must be upheld Contempt i lof of the court not necessarily contempt of the person holding the office of judge is punishable by the district I court Summarily when committed in the tho immediately presence of the court but not until charges have hao been i filed med notice given the offending party par par- party ty hearing of evidence and conviction had when the alleged c contempt is committed elsewhere than in the courtroom court courtroom courtroom room and in the immediate presence I of the tho judge Higgins and Foster at Parowan were punished for contempt without having had charges preferred against them without being given notice or opportunity to be heard and defend themselves and without lawful lawful law law- ful conviction in this the Judge exceeded ex ced cec d his Some other r judge than Burton or even some jury might declare after hearing all the evidence that whatever Higgins and Foster may have haye said or done did not constitute contempt of court Undoubtedly it is to determine judicially whether or not Higgins and Foster have haye been actually guilty guilt of contempt of court that the ings are to be instituted 1 b by the investigation committee at Nephi |