Ogden Evening Standard | 1910-08-19 | Page 6 | Refuses to Hear the Case

REFUSES TO HEAR THE CASE I I Judge Murphy this morning refused to hear the case of tho city against G. G. Griffith, charged with selling ice cream from a street wagon without a license, claiming that he Is disqualified disquali-fied by virtue of past proceedings in the matter. The complaint alleges- that on May j .10th of this year the defendant operated oper-ated a certain ice cream wagon, from which he sold Ice cream, without first having secured a license The case was taken up by Judge Murphy Immediately after the filing of the complaint, but tiio defendant filed an affidavit alleging that the court was biased and prejudiced ' against the defendant, and asked that ' the case bo certified to the district court for trial, the claim being mode then that the d. strict court had Jurisdiction. Juris-diction. The motion to certify the caso to the district court was granted and the record was sent to the district court and tbe case was entertained by Judge Howell. Subsequently, however, Judge Howell concluded that the district court did not have jurisdiction juris-diction and, remanded ttie case back i to the municipal court for trial. ' Judge Murphy refusing to hear the case, a Judge pro tem will be called. It Is the purpose of the defendant to ! carry tho matter to the supreme court of the state to test the constitutionality constitutional-ity of the merchants' license ordinance ordi-nance The facts will likely be agreed to by the city and the defendant and the case sent to the supreme court at an early date. Mr. Griffith claims that the ordinance under which he Is , being prosecuted Is discriminatory and not In accordance with the provisions pro-visions of the state law. Judge Murphy stated this morning that ho considered that ho was dls-qial.fied dls-qial.fied to hear the case, and that be desired that it be taken to the supreme su-preme court He also stated that he should like the question of Jurfsdlc-lion, Jurfsdlc-lion, as passed upon by Judge Howell, taken to the upper court for decision.