| Show COPS TO CALL CALLON CALLON CALLON ON TWO STATE OFFICIALS FOR OGDEN HEARING More l Complications Arise Iu Ill Habeas Corpus Proceedings SERVED Cluff and Wilson Tilson Say They Want T Fees First More complications were in- in In Injected Saturday into the habeas corpus case of o Parley P Val Walton ton wanted in Boise Dohe Idaho on a war war- warrant war warrant rant r charging obtaining money un under der false pretenses the un-I un re rc suit that two officers may have to be sent after Attorney General Genera Gen lL IL raIL II H Cluff and ancl George Georgo Wilson lIson y of state who were subpoenaed district to appear In the dl dis court hero here h ro Monday afternoon t at 2 o'clock Petition for the habeas corpus writ was tiled filed by Attorney A G Horn here Attorney General duff Cluff and Dep Deputy uty Wilson were subpoenaed to bring papers Into the court Mon Monday day to show who signed the th nam name of Governor George II H Dern to toa toa toa a warrant for allons Walton arrest orrest IU In Morgan following the presentation of a requisition from the time gover nor g nor of Idaho for tor Waltons Walton's return there i J Sheriff Richard and Mr I Horn went to Salt Lake Saturday and served the upon both Mr Cluff and Mr Wilson The They accepted the service the thi sh and Mr Horn paid Id ThEY Y WONT WON'T III H However by the time that Sheriff returned to Ogden ho he received a a telephone call front from Sir Mr Cluff setting forth that the two stale state officials would not all ap- appear ap appear pear peor Monday because the sheriff had not given dyen them their fees when he served the summons SU on them Time The fees amount to 20 0 cents a II mile and pa pay pay-of f 3 a da day Attorney Horn answered that a 01 person can demand his ls fees at tIre the th time the summons summons Is served bat It if he falls fails todo falls to to do 10 this he Is bound to appear regardless of at fees fcC's Doth Both Mr r Horn and the sheriff said uld tha that t both bolh Mr Wilson lIson and Mr CI duff accepted the service Ice and ond did not noL ask osk for Cor fees at that time When Mr Cluff and Mr Wilson were notified as to this they both Indicated they would not appear Monday WILL J GO AFTER THEM TIIE TilE Mr Ir Horn declared last night that If It the state officials disregarded the served on them and failed tolled to make an ap- ap appearance ap appearance Monday he would file an application holding them thorn In con con- contempt con contempt tempt of court and would ask that officers be sent for them and ond bring them to Ogden by force it If necessary He further said that rarely do city county or state of- of of officials ask for tor fees in cases but regardless of this point he Is pre pre- prepared pre prepared pared t to show sho that they did not ask for fees at the time of servIng serving serving ing the summons and therefore hove have waived wal this right Judge Judio James N Kimball Issued the for Mr duff Clute and Mr Wilson lIson Saturday morning to bring into court all papers In the Walton case Walton alton was as arrested In Morgan Utah on request of the Boise Idaho authorities on a charge charce of o obtaining money under false pre pre- pretenses pretenses pre pretenses tenses by selling an automobile which he had not fully tully paid for tor PAPERS ISSUED An Idaho deputy sheriff came cameto cameto cameto to Utah and presented requisition p papers at ot the state slate capitol In Inthe Inthe the tho absence of Governor Go George Georgo GeorgeH GeorgeH H Bern Dern In the oil all fields ClE of south south- southern southern em ern Utah the papers were honored by Attorney General Clute and George Wilson II on who l la Is chief deputy depury to Secretary of State II H U 1 Crockett Mr Crockett Is Ill III When hen the prisoner arrived In Ogden en on route to Boise with tho deput deputy Attorney A G 0 Ibm Horn flied application for tor a writ of habeas corpus on the round ground that the papers had not been sIgned per per- personally per personally by the tire governor go although he was still within the borders of the state He contended that the governor cannot delegate his power to anyone anone as long as he is within the state A A hearing hearing set net for Friday at at 2 o'clock was postponed until Mon Mon- Monday Mon Monday day when Judge Judie KImball ordered the Issued for Mr Clute Cluff and Mr Wilson to have thorn them tes testify tiry who sIgned l the papers In the absence of ot Governor Dern Bern Mr Horn demanded their appear appear- appear I appearance ance amice While the case ColIe Is In controversy Walton is being held In the tire county jail here and the Idaho deputy sheriff Is cooling his heels wall wait waitIng walt walt-ine Ing to find rind whether ho he ba has a pris Iris prisoner oner or not go 00 |
