Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-05
DEVINE FINED $lOO.
he Failed 10 lnloFm bis Counsel TIL
The Last Moment
TIE CONTEMPT PROCEEDINGS.
Judge Merritt Talks Very rmphall.
cally-The Hearing this
Afternoon.

O'CLOCK WIS M1INlNN lnluhluA W llFANh
to tho further developments 10 the
Dcvlnc. Montague controversy were
slightly disappointed Tor tho time
being.
On Tulslay last Judge Merritt Issued
an order upon the IRE chief to show
cause why ne should not be punished
for contempt, which consisted Ia his
having refused TO obey tue command
Of the court requiring him to foinstato
Plpoman Montague to his former posi.
zion Ia the department; aud
tho writ was made teluruable
Vt ten a. m. today. Judge PoWots, the
petitioners counsel, was there, 20 also
were Devine and his legal representa-.
tive, Judge H9gc; and lew moments
alter his honor had taken hls scat on
the bench Judge Powers called atten.
ton to tie fact that he was ready 10
uIuCuUs.
Hut counsel on tho other side, with
como somuiancc OF confusion, uail--l
would ike 10 ask the Indulgence % the
court. ] received these papyH lhgld.
NNNN w. NN' WIN NNHH 10 NHANN r. hH
minutra ago auJ / aiarluI hight down
ucfr of once.
Judge p1wcrs--Oi courlo desire TO
accommodate counsel, but the return
fi tue shufin shows that tue papers
were served upon the respondent on
Tuesday last, AMI the TACT that no has
not Huru 10 10 pay any more attention
Go the order ul thlH court than at ihu
very last moment TO 10 nud employ
counsel would certainly Indicate thui
he ih tTinug not only with tue law, uut
with tuu wTiiu OF this court
Judge Hogt-Wuun Me DIVINE
brought those paror g. mu this
morning, | told HIN there should have
urru "a wilton answer and au an.
davt put in. He ha1 though,
however, ihRs bare 0fAt HulWul
would Dc uiiglcui.
Judge Mufnu lsternlyl Dtvinu
may tniuk uH fuut tue nr, de aftnout,
uut hu d0rsupTln tuis court, nul prI.
pose t1cuiufcn the wfl,H and orders OF
tni, olurf, anu have tucm Ius tclvgu ami
Uuryut, even 10 81 should nau tho
whole puWHr VI this Territory. Lot
that uu understood ut tur start Al
order vts made that NE Dfyluo
ftH.0rH tais petitioner 90 bis tnlpr; now
be has violated that order, OF it ls
alleged that hv has violated ~, / d0n'l
want % force him 90 a hearing before
he - ready, aud 4 will therefore give
him uuul O'Clock this afternoon 90
make lis return GA THIS witt
judge huFt-l hOpu your Honor
dOrHuit blame mV Ia tAls ulnitcr
Juugo Mcfril-Not ntnll; Mt. DovInu
d. mRu OF ordinary iuiclliguucr, OF
marked Intelligence, anu shtu.t have
known better and acquainted hiH c1uu'
trl before,
The ilfo chioi lwho waB ia uuif1rml
rose from HE seat Just behind council,
sui proceeded to say- "li your honor
pirnsU;" but he was promptly cut short
Ia tho middle Of the tuntcnyu by the
c.uri, VINO gave uttrrAuce & the follow
ing foma.k-Wcll, you have not any
thing o. say, tit. " hen 4 want %
hear from you I Will call upon you.
Win this curt rej0indof nll tue pnT.
tics concerned left inc courtroom.
All the parties were In readiness nt
o.. M, but tho case hga 10 BE- slide
Tracked Tor nearly haitian hour 60 allow
uI tlu conclusion of s1me luEnl or. u.
mtutu in u matter began tuls morning.
When the opportunity ulurul Judge
X 70 put in the rysIoudou't answer
ANA uu affidavit by J0hn Chalmers,
the latter Of whom hos charge a. ihu
l0il u members and all tho books oil the
fro department
Toe respondent donigd 10 his answer
that he hal refused O. restore the
petitioner g. his position, On the
contrary, he says, on April
End, Immediately alter the Hcryiug
~ the peTemptOty writ Of mandate, no
then anu there Restored Montague,
placing his name on The pAyull Ani
certified, us required by law, 10 said
payroll, which entitled him 10 draw
the pay Tor services as fireman up 90
date. Afterwards he notified AiOu-
tAgue that he was suspended nom iIr-
thrr service, aud that he Dovinel
would present chatguH % his reason Tor
such suspension 10 the board Of
pollCo anu iifo commissioners. A copy
Of these charges mad deem served upon
Montague. Tue board mad now been
appointed ami qualified aul had those
charges I'm their hands Tor invtsliga-
ton. Rtfplndent then goes on %
slate that nu hnu no disi osiiiOn nor
Intention 10 avoid, eyaie or iu any way
a. bey NO writ "a mandate.
Chalmers, Ia his ttil iavit, certified
10 the placing OF the name OF Montague
upon tue pay roll OF mcmuufe, I'm.
meiiately alter the serving OF tho
wrt, at the uro ohiu's rt4ues,i the
latter cefuiyiug 10 Tue same.
Mr.. Davlne was vailed 10 the wilnO,g.
stand by Judge Powers, Ia answer 10
whom he said That ho suspended
Montague within fifteen OF twenty
minutes alter he hai asked 10 DO re-
stored TO hispUsi. Montague was 10,
Put 20 work Ut AL, though his
Hamp Wa placed ON the pay rul.
Wiz ess ami eX,Cty Attorney hog5
Consulted together aud tho latter AZ
vlsgl him 10 suspend Montague. lie
stld 10 would b. the proper thing Tor
him 10 obey tho writ 0t mandate, "uut
then" he added, you can suspend
hlmlundtT the law
Montague, the petitioner, was called
anu testified 10 the conversation be-.
tween himself anu Dsvine after the
serving OF tue writ upon the latter
Dsvine sa.d al Acknowledge th's writ
and / restore youp bat latter going
out aud returnlng) stated "NUu arc
now suspended" To Judge HOgo,
petitioner said he had received his
pay Tor the past month; no
deduction was made for tie time no
had boon laid OIL
II. l.. MOWetB, a member OF the FIRE
QeUuFfmNut uhu VIVA nfnanut lau tho