Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-29


Cnmo into existence, and when % dld,
then tie presumption % law was that
the chief would DO pNqCiiv what that
section % the law required Of him, and
report what he had done Ia this matter
ioriiH reconsideration. AZ that was not tile
proper construction OF the statute, the
cslamitica when he had merely limited
at might happen and the fire drgaft.
mont would be substantial y destroyed.
Counsel urului that THE wuaa dr..
mIssal ot tho petitioner without any
cause, aud CouicuIcI that % was n
case " suspension tote reported % the
board " commission when appointed.
A writ ui mauInmus would h reach
thlsCatu,
Judge P5wois, Ia HE rcDly, said he
dil not dcsiru 10 have this matter do.
Cldcd on any Technically, bat simply
in have the ruling Ut tho court on the
law na TO whether the head OF any
department of the city OF Salt Lake
was supreme aud above the Legislature
Oithe Territory OF Utah. No discfc.
ton hal boou vested IN thcso chiefs OF
departments either la this city Ut Og.
den, AMI they had no power, light or
authority To suspend or discharge any
AAAAN hNNNA NANNls nv AAHNHNfA NNAN
THIS act became law a. soon a. the
governor signed tue same, aui uIg.
geativuly remarked that there must
have been q something which moved
the Legislature Oi tue rorfItOfy 10 the
passage Of such a law us TINT. Counsel
took occasion 20 nlvUrt 90 The many
itaadH which hbd ftliuu vi late IN thu
local political shulllI; aud both he aud
Judge Hugr quoted freely from
tue law bearing on thu suit
ieci at Issue. This oct, said
Judge Poweif, from tcginniug 10
end, carefully protected thei men
who had been IN oillgt; it secured 10
them the rights they haI already Oh
talned, and gave them the reward OF
building up, here aud Ia Ogden, de-
paftmunis which wVfu the pride " the
city,and which should not bc subjected
10 tho touch % tue politician who
might be rewarded BY a departmental
OH q. Montague, no conleudel, mai
no remedy cxCCp by mnndauus.
Tho Intention VI tue lrgisIatu 10
was 10 put an end TO tie tewnfUing VI
ward politicians ana Of the near lfiunds
Of tho chiefs Of the different depart.
muntH aud build NJ here what the
f0uniali1n had alronly been laid f1i--
better IRE anu police department
than existed anywhere else within the
United States.
Attorney StrEup made como supple.
mentafy remarks, anu
Judge Hugo maize the closing nrgu.
mont, with several hhrI faps. Pow ere,
hu said, was tho father Of tuis biz;
but who was IT, mother II
was hard q Imagine NJ any
rate the mother must have been
"acruh" 10 have produced such "a
bantllng M had been now produced In
osuft. lLaughtur) Whatever odium
attached - this Bit, Judge Powers, IL
would seem, was ready 10 tack II on 10
the recent Legislature. "iLn con.
tlnued counsel, warming up "thcrc
ever has been a vicious piece OF lugisla.
ton, aud one that 10 there n any Dos.
siblu show Tor the courts OF this Terri.
tory 10 place the seal " condemnation,
by Judgment upon 10 should be
condemned, this particular blll ~ QUE
OF the many measufes that Will com
home 10 bother that last Legislature Ia
tho future and damn II almost TO
eternal inhmy." (Lsughtef,l
Judge Powers had been Temporarily
absent from the court room white
Judge Hoge was referring AMI 10.
referring 10 tho bill ~ "thiG bastard
bautling;" butt upon MS return took the
nfst opportunity OF remntking-
"fhe mother was not a Salt Lake
City Office holdefl"
Judge Hogs-The father, under.
stand, wants ~ be-. (LaughicLl
Judge Poweu-Not muuh, 10 he has
10 deal with some Of those t0und about
him. (ltenewed laughtoU)
Judge Merritt, at tho close Of the
Arguments. which consumed the entire
forenoon, iutimatvd that he would
render his decision VI some time be-
tween now aud Monday next.
MISCELLANEOUS.
In tho case Of Chnrles Roberts ct al
VI Salt Lake CITY u al the demurrer
10 complaint, argued yesterday, was
sustained. An exception was iakon
and twenty days allowed TO amend.
Martin Larsen VI the Tintic Iron
Go. ct al. Motion for new trial, also
argued on Wednesday, oycrtulod.
J. II. Pfitchott et al w the Bingham
Canyon Mining Go. Plaintiff allowed
TIL April 20,h 20 file amended supple.
mental complaint.