Show tho tito mandain Man damn damm saturdays gives gives the tile following additional particulars par ti let larston concerning the mandamus case in the supreme su reme court I the R supreme court met today to day at I a full bench present tho the court rendered a decision in the case of ofa J N kimball Kira ball respondent nt vs F P D ill appellant being the matter of the weber co probate judgeship which kimii seeks to obtain by mandamus the judgment confirmed that of the court below chief justice hunter dissenting in asserting his dissent dia sent judge hunter said I dissent from that opinion so 50 far as this branch of the case ue is is con concerned the discussion on the question of jurisdiction has not been of such a nature ns an to satisfy ray my mind one way or the me other so that on that point I have not arrived at any conclusion upon the question as to whether or not a vacancy is created by the hoar hear amendment I am clearly of opinion that the act of congress conferred the power upon tho the governor only to maka an appointment in case of f a vacancy occurring and I hold th tl t f the decisions in the various stales ohio cai california if ania and new york sustain the position that when there is a tenure of effice office as in this instance for two or more year years or until a successor ia is duly elected and qualified failure to elect does not create a vacancy vaca ncr the salt silt lake herald adds the following developments judge williams illiams lV of ogden wh who appeared for the appellant asked that he be be allowed to take an ftp ap peal to the supreme court of the t e united states and deai red the court to fix the amount of the bond objection was made by kimballs Kim balls attorneys and a brief and an d informal discussion discus aien ensued the court finally stated that tbt be fore fare deciding the question on appeal to the united states stat es court in this case it would like to bear the question fully and formally argued and therefore decided that the next session of the court which will be held on saturday the the matter be argued and the estion of the right to appeal in such a case to the united states supreme court be decided in the meantime the sending up of a was stayed and thus the matter stands while a decision has been given no arguments menta for it are yet advanced and the public are just 93 as they were before the decision as is to the reason reasons upon which it ie its based |