The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-24


fire commissioners last evening, but it
wasn't tried.
The interested parties were there,
the attorneys were there, the witnesses
were there, but Commissioner Noble
wasn't, and that was the cause of all
the trouble.
1t was nearly o'clock when the
meeting opened, Chairman Jennings
presiding, with Commissioners Steph-
ems and Empey in attendance.
Chief Pratt occupied a seat at one
end of the room, with attorneys Suth-
erland and Gunter,, the prosecutors
Captain Donovan was at the other
end, surrounded by his attorneys,
Jude Powers, Hon. C. S. Varian, Judge
Mckay, H. S. McCallum and Joseph
Lipman.
The rest of the space was occupied
with spectators who watched the pro-
ceedings with interest.
The ball was opened by Chairman
Jennings, who remarked: THE case
of Captain Donovan is set for trial to
night. Are you ready to proceed"
Mr.. Sutherland-We are ready for
the prosecution.
Judge Powers-I would like to in
quire if Commissioner Noble has been
notified and if any reply has been re-
ceived?
Commissioner stephens-I wrote Mr..
Noble about ten days ago at Lander,
Wyoming, but we have received no
reply whatever.
Has the secretary received any no
tice that the communication was re-
ceived?"
"No."
Then we will be compelled to object
to this board proceeding on the ground
that the board has no jurisdiction. 1t
will not be necessary for me to go over
this ground again. The board previ-
ously held that three members could
sit when the fourth was notified, and
there is nothing to show such notifica-
ton. The statute requires the concur
renee Of three members before
an officer car be dismissed. The
Interested in having a full board as
is the defendant. The opinions are very
clear on the point that the board has
not authority to proceed unless the
absent member has been notified and
ne has not been notified We have en-
deavored to have the absent member
here ourselves and have secured a tele-
gram from Mr.. Fred Noble stating that
the commissioner would be at RaWlins
some time today. Our objection then is
that the board has not jurisdiction
The case is one of Importance and
the defendant prefers to have a full
board and it is a question if he is not
entitled to that in any event. But the
specific requirement that the absent
member should be notified has not been
complied with. Of course we would
like to proceed, but there is no juris-
diction in the board as the matter
stands at present and should this de-
PENDANT even consent to proceeding,
the court, in review, might hold that
there had been no trial.
Sutherland Replies.
Mr.. Sutherland-We would be very
glad to have Mr.. Noble here but have |
witnesses present from Sanpete and
want to proceed without delay. AS to
the notice, believe that only a reason
able notice is required. I don't under
stand that the law prescribes any par
ticular form. We don't know when |
Mr.. Noble will be here. His family
expected him to be at the railway sta
ton on September Is, and it is unrea- |
sonable to say that this board must |
sit here with its hands tied, powerless |
to act, because of the absence of one |
member. All that could be reasonably !
required of US has been done. Again, |
this is the regular meeting night of |
the board.
Mr. Variants Argument
Mr.. Varian then took the floor and |
read portions of the statute creating |
the board and governing its action. his I
contention being that in a. matter IF |
this kind, it required the concurrenca |
OF three members to remove an officer. |
and that the board, the entire board
must deliberate.
Mr.. Sutherland-What would Won do |
IN case one member of the board |
should be sick?
A Sharp Retort.
Mr., Varian-In a case like this in
volving as it does matters of vital in
terest, L would say wait until the
SICK member gets well, and if he dies |
III MS place. And carrying your own !
argument step further, Mr. Suther |
land, let me ask what you would do |
II two members were sick?
commissioner Stephens-I think we |
nave nave practically passed upon un1s once
before and decided that the absent |
member should have notice. The cues
ton then is, has he had notice?
Judge PoWerS-I simply wish to add |
'unat there is absolutely nothing here |
to snow that Mr.. Noble has been nof1- |
ned; nothing except the fact that q |
letter was mailed to him at Lander: !
@-SSAAA--o " o41OW IIIdl IHdC was MS adj |
dress and, in fact, it appears that
Lander wasn't his address.
The commissioners then consulted m, !
the matter. Chairman Jennings was |
In favor of proceeding with three mem |
bers while Commissioner Stephens IA |
vored adjourning. Commissioner En-
pey agreed with Chairman JENNINGS.
but qualified his answer with the re,
mark that If there was anything tn |
show that MIR. Noble would be here |
soon, he would take the other view
When the board announced thai II
would proceed, Commissioner Stephens !
said: i wish to say to counsel that |
a very grave question is involved i'm !
this, l much prefer a continuance and
wish it to appear of record
Judge PoWers-I desire to have an
exception noted, it appearing that |
there are only three members Of fine /
board present and that only two of |
them wish to proceed under the cir |
cumstances existing. In view of THE |
action taken, [ now appeal to the dis |
erection of the board for continuance. |
The other objection was on legal I
grounds. We now appeal to the dis
cretion of the board.
Mr. Sutherland-We object There il
no showing here for an appeal to the |
discretion of the. board. What fact is |
here to base it on?
Judge Powers Warns Up.