The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-29
Matter Reviewed By the Fire and
Police Commissioners.
CAUSE OF THE DELAY
NOBLE AND DUMMY CoMMUNI-
CATE WITH THE COUNCIL.
They Are Anxious to Dispose of the
Case, But Have Been Prevented
By the Action of Commissioner
Sam j. Kenyon.

reached the city council last might was
a communication from the board of po
lice and fire commissioners, relative to
the attempts made to try Chief Pratt
on the charges pending against him,
for which he is under suspension, and
the obstinate conduct of Commissioner
Kenyon.
The communication was brought in
by a messenger from Commissioner
Dininny, and laid on the recorders
desk, but later in the evening, when
its discovery was made. objection was
raised TO rs reading, because it had
hot been filed within the limit of time
prescribed by the rules. Before it could
be reached under the head of miscel-
laneous, the council adjourned, and the
communication was not read.
THE ATTITUDE OF PRATT AND
KENYON.
The communication from Police Com
missioners Noble and Dininny, which
was rot read, but which lies among
the city recorders files, is as follows:
To the Honorable the Mayor and City
Council OF SAT- Lake City:
In view OF the tact that the board of
police and fire commissioners go out
OF Office in the near future, the uader-
signed members thereof, being the only
members at tins time in town except
Mr.. 5. J. Kenyon, deem it our duty to
call your attention to the matter of the
charges fled with this board against
Cher of Police arthur Pratt, and the
action this board has taken with refer
ence thereto, and the present status of
the case. When the charges were filed,
the board, consisting of the present
members, except that Mr. Cohn was
then a member of the board, suspend
ed Mr.. Pratt, pending the hearing.
When the charges were presented to
Mr.. Pratt, he waived the ten days no
tice of hearing, and announced that he
waived his right to a hearing by a full
beard, and was willing to proceed to
trial with the three members then
present (Mr. Coh2 being out of the
state) AT a time to which the matter
was continued, and after the deposit
lions o. some witnesses favorable to
Mr.. Pratt had been taken at his re-
quest, Mr.. Pratt demanded trial by a
full board. AS, Mr.. Cohn was still alb
sent. the meeting was adjourned until
Aug. 20, 1897. Before Aug. 20 came, Mr.
Cohn had resigned, and Mr. Kenyon
had been elected to fill his place on
the board. AT the meeting on Aug. 20,
1897, counsel for Mr.. Pratt, and also
MI. Kenyon, claimed that the board
was without jurisdiction, for the reason
that at the time the charges We're filed
by the board, Mr.. Pratt had not been re-
instated as ordered by the supreme
court and the suspension was illegal,
and great deal more of the same
sort, all having in view an avoidance
of hearing on the charges; after
which one witness was examined. On
that examination, Mr.. Kenyon took part
IN Directing torqueStionS asked, and in
1nterrogating the witness. After the
examination of this witness an adjourn
ment was taken. AT a subsequent meet
ing of the board for the purpose of
proceeding with this case Mr. kenyon
made the same objections that he had
made before. His objections not being
regarded by the other members Of the
board, but as being made, not as a
commissioner, but as counsel for Mr..
Pratt, the board overruled them,
Whereupon Mr.. Kenyon left the room,
refusing to sit in the case saying that
he would never sit on hearing of this
case, which refusal he has persisted in
to this time.
IN THE COURTS.
After Mr.. Kenyon had left, Mr. Pratt
was asked if he was willing to proceed
with the hearing before the police COM
missioners present, which he declined
to do. Later Mr.. Pratt brought suit to
compel the board to reinstate him upon
the same grounds Mr.. Kenyon had
raised as a reason why the board had
no right to try Mr.. Pratt. The court,
by Judge Hiles, denied the relief prayed
for, and dismissed the case. The fur
Their hearing of this case was set for
Dec. q, at 1870 p. m, notice of which
was given to Mr.. Kenyon and Mr..
Pratt. Mr. Kenyon did not attend, but
Mr.. Pratt did. a full board not being
present, another day has been set to
hear the case, namely, Dec. &c. at II
does not attend, this trial cannot pro-
coed.
THE SALARY QUESTION.
1t seems to us that this hearing
should be concluded if for no other
reason. that the question of the salary
of Mr.. Pratt while under suspension
may be settled, and not left to litiga-
ton hereafter, for if he is not dis
missed on the hearing, he may be en-
titled to his salary while under suspen-
sion, and if he is dismissed he would not
be SO entitled.
CHARGES STILL PENDING.
There has been some newspaper talk
that the hearing was ended by Mr.. Bur
ton sending the board a letter with
drawing the charges which, of course, is
not true. Mr.. Burton filed the charges.
The board proceeded to investigate
them, and has not completed that in
YeStigation. The charges cannot be
withdrawn without the consent of the
board, which has not been given. Mr.
Kenyon presented the communication,
which was filed like every other COM
munication, and no action was taken
upon it. There can be no doubt but
that these charges are now pending be-
fore this board, and that by reason of
them, Mr.. Pratt is under suspension.
This is doubtless the view taken by Mr.
Pratt and his advisors, for they have
never claimed the office since the dis
missal of their suit before mentioned
FRUSTRATED BY KENYON.
We feel that you should know these
facts that you could act in the matter
intelligently if YOU care to act at an
and that you may know that a ma