Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-16

FOR A WRIT OF MANDATE.
Ex.Chief Pratt Asks for An Order 10
he Rtcogaiz d As HpGd Of the
Police D,psr.ment.

Ex-Chief OF Police Pratt, hled the
following affidavit in the Supreme
court today:
In the supreme court OF the Slate OF
Utah. Arthur Pfau. plaintiff, VS. the
Board OF Police and Fire Commissioners
of salt Lake City, Utah, consisting Of W.
T. Noble, Louis Conn, a. NJ. Grant and
IL. j. Dlninny. defendants. Affidavit for
writ OF nnRuduc.
state OF Utah, County OF salt Lake, IS.
Arthur Pratt, the afliant herein, being
frst duly sworn, on his oath dcposes and
says!
That the Board Of Police aud Fire Com.
miasioners Of salt Lake city, Utah, APP
pointed oiliunI on December 3lsi, 1894,
chief of police Tor SAT- Lake CITY, Utah,
to retain such position during good be-
hayior; the said appointment is ~ fol-
lows, to wit:
salt Lake City Police department.
Certificate of appointment. This is to
certify that wo have, this Slst day Of
December, 1894, appointed Arthur Pratt
to the position Of Chief OF Police in the
police department of salt Lake City, to
hold tho same during good behavior.
Approved December 81, =. b. 1891 o.
}, Salisbury, presidents; n. a Empey,
w. i. Noble, Frank w. jennings, Board
OF Police and Fire Commissioners"
That the said ailiant at once qualified
as such chief of police by giving the
proper bond, taking the required oath
and having ho same duly approved aud
filed, and ailiant has continued without
interruption to discharge the duties OF
such office from thence until his Illegal
and unauthorized dismissal hereinafter
referred to.
That on November %, 1896. there were
two vacancies in said board OF police aud
ire commissioners, and on November
"a, 1896, James Glendinning, as Mayor
OF Salt Lake City, Utah, appointed A. NJ.
Grant and III. j. Dininny to ill such two
vacancies; that such two new appoiniees
had not heretofore been connected with
or familiar with the said police depart
mem of Salt Lake City, Utah, but both
such new appolntee8 voted for the dis
mtssm " ailant, which 10 hereinafter re-
iefry. q, and the said board now CON
sists aud ever since said last named date
has consisted OF W. p. Noble, Louis
Conn, A. Nj. Grant and II. j.. Dlninny.
That on December 4 1896, tho said
board of police and fire commissioners.
three members only thereof concurring,
notified this ailiant that he was dismissed
AS such chief of police, and affiant was
notified 10 surrender control OF said DO
lice department aud from such date afIi-
ant WIS excluded from the management
and control OF such department.
That at no time have any charges or
complaint Whatever been preferred or
filed against this ailiant with said board.
nor has at1iant had any notice of any
charges, or notice of any cause, or notice
of any good to such police service, for
such unauthorized dismissal, nor has
afliant had any hearing or any oppor-
tunity TO DO heard for such alleged dis
missal; but on the contrary the said
board police aud firo commissioners,
as Aforesaid, arbitrarily dismissed and
excluded afiiant from said department
and office OF chief OF police without any
charges, without any notice, without any
hearing or opportunity to be heard; and
refused thereafter To recognize ailiant as
chief of policeOr allow him to discharge
the duties of said office; the right 10
which is no. in dispute.
Afliant has not u plain, speedy and
adequate remedy in the ordinary course
OF law.
Wherefore afiiant prays that after hear
ing peromptory writ of mandate may
issue commanding and directing the said
board of police and fire comm issioners
of Salt Lake City, Titan, to recognize
atfiant as chief OF police of said city, and
to admit him immediately to the full use
and legal enjoyment of such office; and
that afliant may have such other relief
as may be proper in the premises. includ-
ing his just costs.
Arthur PRATT,
Subscribed and sworn to before me
this 18th day OF Dec. 1886.
CHARLES ID. SAvERY,
lsEAL. Notary Public.
Harmed Pratt, Esq, Williams Van
Colt & sutherland, attorneys for Ar. ar
Pratt,