Show 1 w II I The Mackelprang l Case v As is generally known the editor of this this' paper paper Is also Justice of the Peace of Cedar City Just why he was ever made the latter he has heretofore not notI 1 I known mown Now after hIs Jils first encounter as such justice of the peace with that august body the Supreme Court of the State he has come to the conclusion I that It was for no reason at all other than the fact that he Is lacking in in legal knowledge and training This Is the story Once upon a time In the long ago on September 27 27 1027 to be exact Delroy Mackelprang Mackelprang appeared before the editor while acting in capacity of justice of the peace and pleaded guilty to posse possession lon of one pint of moonshine whiskey As appears written In the docket though not written there at the time Ume of paSIng passIng pass pass- Ing lug sentence sentence sentence-at at that time all that was written guilty Fined or 75 days In jail Paid 2500 and that on a copy of the complaint not In tn th the e docket Delroy was sentenced to pay a afine fine of or serve 75 days In th the e city that language according language according to to the majority members of the e Supreme Supreme Court a justice sentence expressed in such words Is void for consistency and therefore only a string of words actually meaning nothing At time Ume sentence was passed by the Justice Delroy paid 25 of the fine and gave a bond for the payment of the remaining 50 in thirty days Five months passed Delroy didn't pay nor did he have his bondsmen pay Efforts were made to have him serve fifty days In in jail Even then he wouldn't pay and he didn't like the Idea of going to jail He hired a a lawyer faught two habeas corpus proceedings In the District Court over at Parowan Judge B Bates tes sitting in ip lieu of Judge Burton and carried the second proceeding which was as carried against him to the Supreme Court Finally on last Saturday hat at court decided the appeal Three opinions are written in the case Justice Elias Ellas Hansen wrote the opinion Justice Ephriam Hanson concurred and Justice wrote Tote c a long concurring opinion These three a majority hold that everything we did down here in Iron County was all wrong Chief Justice Cherry and Justice Folland join in a vigorous dissenting opinion holding that everything that was done In the case dow here was all right and Delroy should have been sent to jail JaU Altogether there are written by the numbers of the Supreme Court upwards of words which would more than fill seven column of this paper The case Is now a precedent Tre opinions will be printed In several editions of various law books and be read everywhere by lawyers and by them cited to and talked about to Judges in courts everywhere In similar cases Delroy sure I gets some advertising lIe He ought to be proud Advertising must be a good thing It costs a lot of money mOlley and Delroy sure cure has lots for it what with lawyers fees appealing his case and all He still will have to pay more because all five live of the Justice of the Supreme Court say that he ought to be sued now In a civil court and made to pay the plus courts and further lawyers' lawyers fees No doubt he will be It Is up to the city attorney Still SUll the majority of the highest court of the state has said he Is free from further criminal proceedings being taken against him over for and about that pint of moonshine All he has to do now is to pay the money to the city or If he hasn't the money and therefore cant can't pay have his property attached or any wages he might earn In the future garnisheed As we gather from the opinions of the higher court ourt after having part payment of the fine the justices's court lost jurisdiction to proceed further by criminal process for the collection of the balance and therefore Cedar City has no other recourse or remedy than to sue Delroy and his bondsmen civilly that the sentence should have ha been written in the docket at the time Urne of passing It U that such sentence should have been written In full rounded and complete legs legal phraseology to the effect that Delroy was fined and upon failure to 10 1 pay such fine was waa ordered imprisoned at hard labor Jabor for a specifically named number of days We hereby promise covenant and agree to hereafter and always write 1 out a sentence In full rounded and complete legal phraseology and further write the sentence In the docket Instanter on passing the sentence and further to always and ever make mate them dig us us We dont don't know how to write rite that last expression In legal What w we mean Is that be no more delays delas allowed It will be either pay the money or go to Jail right now Such is the law for so the court has said and we are strong on this law stuff The M M. I I. I A A. slogan says We stand for law We dont know wether w we e stand for it or not We do know this that it sometimes knocks us down an and d that we often dont don't know what the blooming stuff is at all at all Weve We've sure re been told a lot about it in this words written TUten by the Supreme Court about abou t this little old Mackelprang case down at Cedar City |