| OCR Text |
Show T f JUDGE SMITH LEGALLY LEFT. No Appeal From the Supreme Court of Utah Wenner Undoubtedly Victorious. The effects of the Supreme Court decision deci-sion which was yesterday delivered by Judge Powers in the case of U. J. Wenner, Wen-ner, respondent, vs. Elias Smith, appellant, appel-lant, are of a very complicated character so far as they pertain to the appellant, Judge Smith. In ; the first place, a motion mo-tion for an appeal to the United States Supreme Court must be made within ten days after the affirmation of judgment ; and under the Territorial judiciary bill no case not involving $5,000 can be ap-pealed ap-pealed Unless the construction or validity of a United - States Statute is called into question, which is not the case in the present instance. The Supreme Court decisions hold that a person per-son not claiming title under a .United States statute cannot appeal. . Mr. Wenner, Wen-ner, in the case referred to, puts in his claim under such a statute, and in the event of judgment having gone against him would have been legally entitled to an appeal ; whereas, Judge Smith took a i position under the protection of the Territorial Ter-ritorial statute, and would therefore seem to have no status justifying appeal to the highest tribunal. . In the event of appeal being denied herer which is morally certain to be the case, it is probable that the matter will be presented at Washington under a writ of errors, and a motion for dismissal there would, it is believed, settle the matter in favor of the respondent, Mr. Wenner. There is some doubt as to whether Judge Smith will carry the case any further, or attempt to ; at least, he I had not decided as to his next course when seen to-day. Mr. Wenner is the only one of the Governor's appointees who went into the matter in real earnest, and had the decision de-cision come some months earlier before the interim of eight months expired, which was the term of vacancy sought to be filled by the Governor's appointments there is little doubt but a long list of suits would have been instituted. As it is the prospects are very good for Mr. Wenner to acquire the amount involved in the suit, which, with the costs so far, approximates $1,600. The gentleman already manifests some delicacy at the prospects of pocketing the fees resulting from the labors of another, but comforts himself with the fact that he presented himself at the court-house ready for business, busi-ness, and that he did not perform the duties of the Probate Judgeship was no fault of his. |
