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Show 6006 the Federal Courts take judicial notice of any State statues. The Special Master. They take judicial notice if they are asked to. They do not take judicial notice of any statute that is not introduced into the case by either side; do they? Mr. Blackmar. I do not think it is necessary to introduce a State statute in evidence. The Special Master. It is necessary to call the Court's attention to it, is it not? The Court is not supposed to know all the statutes of the State of Utah. Mr. Blackmar. Yes, I think it is. The Special Master. It may take notice of them, but it is not supposed to know them unless they are called to the Court's attention. Mr. Blackmar. When you say that the Court takes judicial notice of a statute or anything else, does not that presuppose that the Court knows it? The Special Master. Well, the doctrine of judicial notice is merely a doctrine of the power of the Court to do a certain think; it is not a doctrine of the duty of the Court. Mr. Blackmar. I do not know what there is in this statute of Utah. I do not know what is in it, and I cannot tell at what time or what stage of this proceeding counsel for the State of Utah will elect to rely on that statute, and this case |
