Show WHO IS UT UTAH'S AMS AM'S GOVERNOR DERN OR CROCKETT JUDGE TO RULE Ogden Lawyer Attacks Papers Issued By Act Act- Acting Acting Acting ing Executive HEARING ORDERED Deru Holds Power When In Iii State Contention Attorneys Attorney's Whether or not the secretary of state Is to be recognized recognized-as recognized as the of- of official of official acting governor while the governor is 15 absent from th the stat capItol but still within the bor- bor borden den lers of o the tho state Is 0 to be decided In the district court here Friday morning before betor Judge Judg James James N The question arose over the ar- ar arrest ar arrest rest of Parley P Walton 45 years of age a laborer charged with ob taming money under false pro pre pre tenses pretenses In Idaho Walton Yalton was arrested In Morgan by the sheriff there and for hold held lor tl the tt a ar- ar arrival arrIval ar arrival rival of or noIse Boise officers U It DEPUTY Yesterday Deputy Sheriff Cole Cole- Coleman Coleman man Cole man ot of Boise arrived In Utah and went to the state capitol with ex- ex extraditIon ex extradition tradition papers signed by the gov gov- governor gov- gov governor governor of ot Idaho In the absence of Governor Dern In the th oil fields ol of o southern Utah Secretary of ot Stat State U if E U Crockett honored the tho papers as acting governor for Utah Deputy Colem Coleman n then Ihen proceeded proceeded to Morgan where he took custody of the prisoner and brought hint him to Ogden While here between trains the prisoner asked permission sion slon to confer with Attorney A AG G Horn and the th request was granted Within a short hort time Attorney Horn had filed tiled a petition for tor or a writ of habeas corpus In the court Ho Ito set let forth In the petition that according ng to law Jaw Secretary Crockett had no right to honor tiis th papers paper as acting gov while Governor Dern was wa stilt still within the state His contention lion tion Is that an acting governor can onlY act when tIre the governor is S out out- outsIde outside out sIde ld the he state ATTACKED ATT Furthermore Attorney Horn pointed out In his petition that the warrant for Walton arrest st had been Issued from a justice court in Boise Dolse and therefore was wad invalid for servIce In Utah Ulah Upon Upon the petition Judge Kimball ordered that Walton alton be b hold held In itt the th county lall jaIl In Ogden until Friday morning at 10 o'clock when the habeas corpus hearing will be bo held before him and decision made as asto asto asto to Attorney Horns Horn's contentions cOl Walton allon Is alleged to have pur pur- purchased purchased purchased chased an automobile In Boise Doise on ona ona ona a tub title retaining note not and to have bavo sold it and given ghen a 1 bill of ot sale sal nh- nh although al although though ho he stilt still owe owed upon the ear car He lIe came from Boise Doise Bols to Mor Morgan Morgan gan where officers arrested him upon request of oe the Doise author author- authorities rn |