Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-08-11
TIE RESLER CASE.

ne viii NJ lthst khlh "Ntey ""'
meaus the emolumenls Of tilice for a
long A. the delay lasts. This OF cours'
IL quite ahrewd in n small way aud JUS
the kind Of tactics that might be ex
Iccted from the persons who have
adopted them. But the respect Of ih'
public for either Of them will not b,
thereby materially increased.
A petition for an ordcrot prohibition
against the City Council, to prevent
their substitution Of Justice Gee In
Kesler,s place a. Poll ce Justice was
He'd on Wednesday aud n temporary
writ was issued and copies served upon
the Councilman. Following IL the
document. As It contains all the alleg'
ations In the petition we only reproduce
the writ;
Territory Of Utah, Third Judicial Dis
irict Court.
Tho People OF tho Territory OF Utah,
send greeting
To tho CITY Council Of Salt Lake City
and to c. y. l.oofbourow, John l.. law
son, g. y. wantland, J. a. lieiss, 5. G.
Ewing, II. +. Evans, u. a. POLAND, T.
J.. Rich, q. II. Hardy, @. VI. Boil, T. j.
Norm, +. o. Horn, a. 4. simondi. l.. c.
karrick and NJ. II. BeaTdsloy. membofs
Of the City Council OF salt Lake ciiyi
Whereas. Fred io-ler, Jr., ot Salt Lake
CITY, salt Lake County. and Territory Of
Utah, lately In our court, before tao
Judge thereof. camo and gave TO tho court
10 understand and be informed, that he'
the said Frcd KcSler, Ir., Is n citizen resi-
dent aud voter Of said Salt Lake city,
that he il duly elected and qualified
Justlco Of the Peace OF said cliyi that Ia
accordance with the laws Of Utah rorfl-
tory, tho City Council for Salt Lake city
on the 9Th day OF April, a. d. 1902, duly
appointed him the said Fred Kesler, Jr.,
TO the oiIco OF CITY Justice Of the Peace,
for Salt Lake city, aud issued io'hlm
the said Fred Kcslor IT,, it, commission
rs such city Justice Of the Peace; that no
the said Fred Kesler, IT,, thereby bocaino
aud was entitled to hold said Office and
TO enjoy aud receive tho salary Of said
Office for the period OF two years from
aud after tho date Of his appointment 10
said Office a. aforesaid by said CITY
Council OF salt Lake Cityi tina, ON tho
ninth day Of August, A. u. iso2, Mt a
regular meeting Of said city Council for
Salt Lake city, tho following resolution
was introduced into said Council, to wits
Resolved, that W. W. Gee, Justice Of
the Peace Tor the Fifth Precinct Ia hereby
solec,ed Police Judge until further notice,
and that the CITY Marshal aud Chief OF
Police are hereby requested 10 bring
parties arrested Tor violation Of tho city
rtuinautes before said Goe nj his Office
In the Ciiy Hall for trial.
Further, that the City Auditor Is hereby
instructed not Ia pay Pred kcsler, Jf.,
any salary OF mony for acting as Policc
Judge alter the adoption oi this rusolu'
non, and that tho said Kosler IN hereby
inalruolod 10 vacnte the office he has 90.
cupiod In the Guy Hall
j. A. HISS,
q. y. IooInuuuow.
&. Il. MAINLAND,
:. G. EwIs0
Tha, the persons signing said rcsolu.
lion nre mcmbers Of said City Council
that tho effect Of the adoption Of sait
resolution will be to romoyo him. III,
said Fred lltslcT, Jr., from his said office
that 1t viii prevent him from receiving
u. he rightiully should, tho salary apper
tanning thereto. and prevent him frou
enjoying the honors and performing thu
duties OF said oliicc; that said City Coun
ell has never formulated or presented an,
changes against him, tho said Fred koslcr
Jr.; that II has never served or caused I,
bo served on him any notice or citation
To appear before said city Council anC
answer any charges; that laid city Coun
ell has refused aud docs refuse TO ALLOW
HIM to appear In his own defense; that /
refuses to allow him To appear by coun
sci; that II claims tito right to romovl
him tho said Fred kcsler, Jr., from hi
said Office without any charges agains
him made aud without any cause there
for shown or served aud without an,
hearing had whatsoever that M sale
meeting of .aid City Council had an,
held ON the nth day Of August, ls92, he
the said Fred Kesler, Jr., appeared by
his counsel, q. W. Powers, and protosto,
against said City Council taking any ao'
ton In the matter referred to, notwith
standing which said protest, said City
Counil proceeded to consider said matto
and Is proceeding and will, unless pro
hibited by this court, proceed To adop
said resolution, as he, tho said Ere,
Koslsr, Jr., verify believes, aud Dust hiu
from his said Office and proven
him from enjoying Its salary an,
performing its duties; that the pro
oeedings Of said city Council In tn
premises are without aud In excess Of tn
Jurisdiction OF said city Councii that tn
said Fred Kesler, Jr., has no other spoc
life legal remedy and cannot have AIDE
quate legal relief without tho aid of tn
writ of prohibition.
Nevertheless, you, the City Council d
Salt Lake city, and you, tho said q. 4
I.oofbourow, Jno. l.. Lawson, &, E.Want
land, j. a. Hoisa, s. c. Ewing, II. =
Evan T.. A. POLAND, L. T.. Rich. O. II
Hardy, q. NJ. Boil, II. j, Moran, Il. a
Horn, a, l., simondi, l.. q. Karrlck an,
NJ. II. Boardsloy, members OF tho CIT,
Council OF Salt Lake City, well.knowini
the premisos,yol contriying tho said Fro,
Nosler, Jr., unlustly to aggrloye and op
press, have proceeded and are proceeding
10 ADOPT said resolution, without caus
shown and without hearing had and thu