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Show MUNICIPAL JUDGE HAS AUTHORITY Supreme Court Refuses to Declare Municipal Act Unconstitutional in the Habeas Corpus Case of Michael J. Ryan Recalls . an Attempted Hold-up. Yesterday the State nupreme court rendered a decision In the habeas corpus proceedings of Michael J. Ryan, who was bound over by Judso Murphy of the municipal court of Og-den Og-den to await the action of the district court on the eharKe of astinuU with Intent to commit robbery. The contention con-tention of the attorneys for Ryan was that the act creatine the office of municipal judge in Og'len 1 unconstitutional uncon-stitutional anil that the act of the Judse In binding Ryan over to lh district court was void and of no legal I effect. The supremo court holds th?t i tho act of the legislature Is const It n-I tlonal and that Ryon lsbelng legally held under the order 01 Judge, Murphy, Mur-phy, Ryan Im the man who attempted to hold up Joseph Paine at his gate one night last winter, while the latter was on his way home. It will bo remembered remem-bered that Mr. Paine was accosted by a man at bis gate and told to throw up his hands. Instead of doing do-ing this, however, Mr, Paine grappled grap-pled with the fellow and succeeded In gottlDg his gun from him, and. as tho fellow ran away, fired a shot at him. The man left his hat at the gate. Shortly after the shooting, Ryan was arrested on lower Twenty-fifth street, tatless, and was recognized by Mr. Paine as the man with whom he had come In contact. Following Is ihe decision of the hu-preme hu-preme court, written by Chief Justice C. J. Straup and concurred In by Justices Frlck and McCarty; 'The petitioner alleged that, upon proceedings had before Judge J. D. Murphy, Judge of the municipal court of Ogden City, I'tah, lie was held to answer upon a charge of assault with Intent to commit robbery and admitted admit-ted to ball In the sum of S.'no, an 1 committed to the hherlif of Weber count) until he gave sneh bnll or h legally discharged, and that the municipal mu-nicipal act, being chapter 5. title fi, C. I a. 1007, Is unconstitutional and that the said Murphyp had, therefore, no authority to hear such proceed-ing proceed-ing nor to lawfully make such com-nJtiuefii. com-nJtiuefii. ' We are of the opinion that the questions In that regard hero rals- . ed were Involved and deterrilncd in the case of Hall vs. Howell, 2C T'lan 12. In that case the act complained of wac held constitutional. The writ is, therefore, denied and tho petitioner petition-er remanded to the custody of the sheriff of Weber county." Thli; matter being settled, the district dis-trict attorney wlH file an information fgainst Ryan and proceed to try him for attempted robbery. |