The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-25

! Meetings of the board of IRE and police
! commissioners are getting very interest.
/ ing and busy these days. Last nights
: session was no exception to the rule
here was more business on the sla,e
IMAM at session OF the district court
Juuse Hoge was there prepared To
prosecute the cases against Mowers
Clarke, McMullin and Gilbert ,IudeS
POWERS and Joe Lippman put IN an ap-
Pearance early WIN lots of papers to
NE IN defense. All four of the accused
We're there too. Gilbert had his creden-
tials OF seventeen years of service from
SH-Chlet Ottlnger and one from ex-Chief
stanton giving him a send on for three
years, ten and a half months
Attorney .Sonnedecker and his client.
Moreton, who was tried at the last ses-
ssion OF me board for being under the in
nuence or liquor while on duty, were
In addition to these all the quartette
WI, VINO were recently suspended from duty
Dy the chief, Splain. Chapman, Burt and
Welcn, Wer9 also on hand. Several wit
nesSeS were in attendance, including Cen
eraI Ottinger.
Prior to the regular meeting, the three
commissioners, Mr.. Noble belng absent
from the city, retired TO hold an exc
curve session Oh the merits of the case
OF amos Moreton. il was a very lengthy
attalr put 1t meant much to the accused.
Tor Wnen the trio came in Chairman
Jennings asked:
rs amos Moreton here?"
Yes, sir" was the reply.
ell Moreton, after hearing the evil
dence in your case the board has arrived
at the conclusion that you are guilty,
ana ana hx your punishment at suspension
from the department from the date upon
WHICH you were suspended 10y The chief,
until October 1st without pay"
To say that Moreton was surprised is a
mild expression. Attorney Sonnedecker
objected to the verdict on the grounds
according to law; that four men heard
the testimony and three delivered the
opinion. He asked the clerk to note an
exception.
Let the record show that three mem
bers of the commission concur III the de-
cislon,," said Commissioner Stephens.
And also that three only were pres
ent, retorted SonnedecKer.
The main question then came up, the
trial OF the four men on the same charges
which were preferred a year ago.
Are you ready TO take up this case?'
inquired the chairman.
II am ready sand counsel for the
"WelI, I have some papers which I
want to file with the commission" said
Judge Powers. Some of my clients here
wish to object to the charges which have
been preferred. First of all / wish TO
state that we object to being tried by
three members of the board. ii is against
the law. The law contenlplates that full
board shall be present at these kind of
meetings"
OH remarked Chairman Jennings, at
do not think that it requires full board;
all VI lie OplulOl ludl We can 80 dnedQ
with this matter and try them with three
just the same"
This board and I have usually dis
SAID Judge PoMers and nd have n no doubt
that we will in the future. But 1 hold
that a board is a board and that in the
contemplation of the act a full board is
required to act i'll all matters of this
Then that being understood, we will
postpone the trial of these men until to-
lfty1f
nings.
Il would like to hear from the city at
torney on this point. | have not given
the matter any consideration myself"
said Mr.. Stephens.
The city attorney then and there gave
1t as his opinion the board could try the
general statute and stated he would file
written opinion i'll the case at the
meeting tonight.
1t was decided that the board will try
the men with a membership of three
This point being settled Judge Powers
drew from green bag. which he carried
papers which he read to the board. The
first was by GilbeCt, the man who cannot
see his way to dinner and who is unable
to hear Sle noon whistle blow, Directing
to being Tried on the charges at all, Civ
ing as a reason that they are old, stale
and frivolous" That there is nothing in
them to indicate that he has ever failed
to do his duty and that he has been tried
on the same charges once before.
Clark, the fireman who is, according to
the charges, a man preiiSDosed to rheu-
matic troubles and has a heart which
does not tick according to the established
rules of the department, made similar
objections as did McMullin, who is
charged with 'bolwing up at all times of
the day and night a year ago. McMul-
lin also filed an objection to the trial on
the grounds that the charges do not state
times and places when and where he
was guilty of the offenses charged. He
wants the board to make them palmer so
he can defend himself, as according to
his assertions he is at a loss to tel what
action to take in making defense. lie
also alleges the board has no power to
try him on account of his having been
tried on the same grounds once before
Mowers, the little man, who, by the
way, SAYS that he is not to blame for
that, he was small when he was born, OBJ
jects on the ground that nothing is
stated to show him as incapable for duty
and alleges that he has been tried on
this same charge before. Mowers is also
charged with having a weak lung and
being prediSpoSed to pulmoDaris, tubercu-
losis and phthis:s. He claims he is not
guilty of any of this.
Special objections were fled in the
cases of Gilbert and Clarke, claiming the
has no right to try them;
ton and pleads the record of the dis
trict court as a plea IN bar.
In separate article Mowers and Nc
Mullin ask for particulars as to the
weeks, days and hours they were
guilty of any of the offenseS and diseases,