The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-17
THEY NEEDN'T WORK
No Law to Compel City Prisoners
to Labor.
LANEY ON HIS INHERENT RIGHTS
Judge Zane Very Curly Informs Him That
He Hasn't Any as Police Judge
Curious Scene.

Attorney Q. B. Glenn appeared in the
Third district court yesterday morning and
filed petition for writ of habeas corpus
in behalf of Kid Edwards. The petition
recited that Edwards was unlawfully i'm
prisoned and restrained Of his liberty by
Marshal Young, and that such imprison-
ment was without warrant or warrant Of
commitment, and was therefore illegal; that
the Judgment under which he was i'm
prisoned was illegal and of no effect, where
fore he prayed that writ be issued COM
handing Marshal Young to have the body
OF the petitioner before the court at such
time and place as might be specified.
1.-The entries on the docket of the police
court" said Mr.. Glenn, "show that on
Thursday, April 90, Edwards pleaded guilty
to the charge Of vagrancy and was released
on his own recognizance until Apr IL "a at Q
p. N. Sentence suspended. On Wednes-
day, May Is, Edwards was sentenced on
the charge of April % to thirty days at
labor"
well, >" remarked Judge Zane, justice
OF the peace has no authority to suspend
has so decided. Let the writ be issued"
Mr.. Glenn-When shall make it return
ablea
Judge Zane (sternly) -Instanter.
Mr.. Glenn vanished, but was on hand
again promptly at Q o'clock Edwards had
not been produced in court at that time, so
an attachment was issued This had the
desired effect and in a short time Sergeant
Glenn entered with the prisoner and was
followed by Judge Laney, Clerk Stewart,
Assistant City Attorney Eichnor and
Marshal Young.
Mr.. Eichnor at once made brief return
to the writ and Mr.. Newcomb, who was as
ISOLATED with Mr.. Glenn, proceeded to ar
que the case. His first point was that the
justice was required to pass sentence upon
the defendant within two days Of the time
when he was convicted, unless he waived
that right. The defendant did not waive
the time and sentence was passed three
weeks after conviction. The next point
was that no JUST ce had the authority to
sentence man to labor, as was done in this
case, and the justice therefore exceeded his
authority.
The city hall magnates made a wild
scramble through the law books to find an
ordinance authorizing the court to impose
labor in any case, but failed, although Mr..
Eichnor tried to save the point by saying
that there were some ordinances which had
not been published and the much sought
for authority might be found there. Mr.
Glenn stated that he had examined the or
dinances in question and they did not give
the authority
Judge Zane stated that if there was no
such authority it was very strange that the
city had been working persons on the
streets for years, and yet that appeared to
be the case. AS to the other point even the
district court had no authority to suspend
sentence except to definite time, and the
supreme court had so held.
Mr.. Eichnor-We think its very good
plan to give these tin horns twenty-four
hours in which toileave town. Its the only
way to get rid of them.
Judge Zane-Yes, but there is no law for
it, that's the trouble.
Judge Laney-Various decisions of the
courts hold that its a power inerent in the
court to suspend sentence on certain condi.
tions, and that if the conditions are VIC
lated, the judgment may be executed
Judge Zane replied that the police mag
istrate had no inherent" powers, and or
dered the discharge of the prisoner
This ruling will doubtless result in the
immediate passage of an ordinance giving
the police magistrate the power to impose
labor. The charter confers the power
upon the city council, but for some reason
it appears that the council has never exer-
cised it.
Another effect that the ruling will have
will be to put an end to suspending SEN
tence, in order to induce people to leave
town.