Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-06
The SUPREME COURT.
Alma S. KsndalrS Removal as City
Inspector oil Provisions,
ACTION ON An ASSIGNED BILL
A Remittiiur TO Issue In the HOlton'
NaylOr Case Judsmcat
Affirmed
Tho Territorial Supreme court has
been DO sesllon aRnIn to-day.

Tho Territorial Supreme court has
been In session again today.
A IuDonENr AFFIRMED.
In the case VI the People VI Larsen
Fourth districD Judge Bartoh ALL
nounceI that the judgment Of tue
lower court WAS affirmed. An opinion
IN willing will hs handed down later
on.
HEuIr1ITuR To ISSUE.
In the case Of Bolton Va NSylor a
temlttitur was ordered 10 issue IN
twenty days.
KENDALL AID THE CITY COUNCIL.
Tue hut case nrguei was tuat
Of tue People Of UAh Territory,
By County Attorney Murphy, ON the
complaint Of Alma 3. Rental, plain
tin aud appellant, VI James q. Me-
Ailistuf, defendant aud respondent.
The appellants eide Of the mnltot
was argued 10y Attorneys n. w. Some
decker and Frank Pierce; Judge Hoge
appeared for the respondent
THIS was an uction In the nature OF
guO tCdrfuHtO 10 test thU right OF the
i,spondent " hold the office Of pro.
vision inspector for Salt Lake CITY.
IL was tried before Judge Merritt
In the Third district court several
| months ago. Kendall, the complain.
ant, on November lSth, 1892, was ap.
pointed Inspector Of provisions, Aud,
having qualified, was duly COmmit.
stoned by warrant sgnod by the Mayor
| Aud recorder, for a prri0d OF two years.
On November 2i,h % the following
year, Mayor BAskin claimed the power
/ to remove him "at his pleasure" and
undertook his removal by sending ia
/ to the Council the name Of A. G..
Young, TO act In kendAlps stead, Bat
Mt. Young's nomination was not con-
fifmud, nnd on January 2nd, 1894, his
honor appointed James q. McA lister
| 10 nll the vacancy caused by kendalPs
"fomovAlO anu submitted his name for
/ confirmation. The Council disputed
the Mayors power 10 remove, claim :
| lug that the p1war TO arbitrarily re-
move any AppOinlive officer vested In
| their own body. Thefeupon they
passed n resolution by unanimous vote
declaring the oflloe OF provision iu'
speclor vacant, thereby removing Ken
dali; ami they then Confined Me-
Allistef's appointment.
a general demurrer was iuierpossd
{, plaintiffs bill anu sustained.
whereupon the plaintiff elected 10 rely
on the bill, anu judgment was entered
for the defendant. From this the
plaintiff prosecuted hisapprAl.
Counsel for the appellant pointed out
that no charges were ever preferred
against Kendall, nor was any com.
piaint made AZ 10 ineiiiciency,
out that the action was based
solely upon tho presumption
that an appoiniiye officer OF Salt LAX,
City was removable Al the pleasure oil
either the Mayor or CITY Council.
The case was submitted 10 the couti
after argument.
MrcORsfCK VI sADLER.
The next case on the list was that o
William 3, Mccormick, plaintiff anC
appellee, W Henry 5adler defondan
aud appellant
Sutherland 4 HowAt and Charlel
Baldwin were counsel for the appel
liant; Attorney q. B. Narian was OF
the other side.
THIS was an action by the plaintiff /,
recover, ~ gstignee Of Contraction
TAFT q KtOIgtuE, certain money
claimed 10 have been due from sadlel
on the building OF n residence for him
In tho year 1890. He obtained on tn,
trial OF the case Ia the Third distrio
court a verdict aud Judgment for 81,
1870; hence Ihe appeal, the doiendsn
Claiming that demand has been wrong
fully made upon him second timo.
OTHER MArrERs
There remaining short time after
the conclusion OF the Arguments Ia th'
Scott Elliot Whltmors case yesterday
afternoon, that Of l.. T.. Ri.er, ct Al.
appellants, VI. the Sun Foundry a
Machine %. OF al was taken up huu
argued--by Attorney George suther-
land for the appellants and Attorney
NJ. NJ. Kellogg Tor the respondents. In
the Court below plaintiffs sued for the
sum Of $3.50 alleged 10 be due fol
machinery sold. Judgment wal
rendered on the hearing against tn,
sun Foundry a Machine CompAny
for the amount demanded, but tn,
Court disr'lssed the action ms TO de-,
tendant Noon. From this the plaintiff
appealed.
Hits aud II. b. Crltuhlow were NJ
pointed n committee 10 examine appli
cAnts for admission to tho bar a. thu
term. The applications Of +. q. Lee,
j, n, Anderson, Arthur Is, Witche
and Fred Modurrin were referred /,
than