Show CA GALL NO EITHER EulER PHO E That Is If Th There IC Is Any Trouble on the Party Line I INDEPENDENT SUSTAINED Supreme C Com COUlt I Decide It CUll Can Use Use- the time Same Sume n II as the tIme Bell If Desired I An tim opinion handed hun ed down own yesterday Y t tda In iii the supreme court affirmed the he action action ac tic- tion Ion of time the lower court in iii dismissing the thc case o of ot the Rocky Hocky Mountain Bell Telephone company compan which sought to secure an Injunction restraining the thc Utah Telephone company and Elmer B. B Jones from using I for calling its trouble clerk clerIc Justice Joseph E. E Fmick who opinIon opinion ion held hold that lint there here were no or ot attempt 10 to defraud on un the part of the thc defendant In using the thc number for Cor tho the trouble clerk as used h by the lie plaintiff and that lint the tho number was given n Iven for fOI the tho convenience convenience conven con of or its patrons It declares that any ma made mado p b by the patrons or orlie orthe orthe the lie public In calling up lip the lie wrong department was as due to the lie carelessness of the thc pali patrons oils and auth not the defendant In lh the thc 1 lower el court the complaint was demurred d to O and it was dismissed on oh the grounds that the UH facts were wert nut not to case calc The Thc supreme court all affirmed this actIon The Tho opinion was concurred In b by Chief Justice W. W M. M McCarty and Ju Judge ge Gur Gorge e G. G Armstrong who sat sti in the thc cn case on account of Justice D. D N. N being disqualified J. Bg I X n illS HIS lJ g. g I lie lie- m I I lIi I i iVi Vi Wife H ie c of or Her Infirmities ls l's Benjamin J. J I Thomas filed an answer and cross complaint mm t yesterday In In the thc third district court to time the suit stilt for Cor t L b by his wife Mrs In Ell Elizabeth Thomai Thomar lie Ill denies that he dC deserted her hem ion on account of her hel age and infirmities ns ns sho hc charged in hi her hem complaint He lie states that she has five O children husband husband hus bus grown up tip by a former band and that sh she prefers to live JI with hem them He lie charges chargeR that on account of her health she has been unable to keep up a home for tOI him and amid that before before be hc- fore forc she went to live JI with one of her married daughters s she was was' discon ten tented ted S Thomas states that ho he is cm employed loed us is s a miner at al DIngham and aud has been beon living King there thero since his 1118 wife went to toivo live ivo with her d daughter He lie agrees arces to deed dee to her hem half halt Interest a in his cul estate property In Sanpete count county coun coun- t ty and amid asks the court to grant rant her hor a divorce J orce S HUSBAND J KICK hER H. H Mr- Mr rohn n. n St Sr Stood od fOI XO Now Sues She's Deserted ami anui il Aks ks Dl Mrs hs Florence FlorenceA A M. M JoHnson Johnon n filed suit for fOI or divorce tco yesterday In In Iq lie Iho Third District District Dis DIs- court a against p p. p. p I Johnson o 0 othe or thc the grounds rounds of ot cruelty and antI desertion For two years she has been subjected to Inhuman treatment ti b by her husband the thc complaint states On one occasion Johnson I her und and she did not miot recover from Crom her injuries for 01 two months Afterward d she ha had harf to undergo undergo un un- umi- umi dergo o an operation anti and since then her health has been greatly impaired Johnson she states deserted her In lii October 1905 1105 She has been compelled to live 11 upon the thc charily charity of ot her friends and relatives Mrs l Johnson asks for tor forthe forthe the custody custod of her three minor children chil dren Geor George l H Jt years old Ivin ln 1 11 years old and arid Francis Rex 9 years ohm old 1 Mrs rH Johnson filed flied an affidavit of ot and asks proper re relief re- re lief from the court |