Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-07-10
HEATH KNOCKED OUT
And So Are Sven 0htr Ex-POliCt-
men Of Salt Lake City.
SUED FOR $3.50 As BACK SALARY.
Judge CherIy's DecIsiOn-Publ,c Offices
Not Vested Rights supreme
Court Decision In a Mining
Case--N0ies.

Judge Cherry gave bis decision &c.
day in the case OF sx-Policeman Hor
ace A. Heath againat salt Lake CITY,
rendering judgment in favor Of the
City with costs.
Heath was one OF the policemen re.
moved by the board OF police and fire
commissioners in September 1894.
The other men were w. Ii. Hurd, A.
IL. Estes, J. A. Arson, o. w. Schsi-
fer, !. NJ. Banner. j. G. Davis and q.
f. Davenport.
Hatch brought action against the
city to recover 1920, alleged to be
due him anu the others for eight
months' salary. The case was tried be-
fore Judge Cherry on the 22nd uit.
and submitted on statement OF fac.s.
Heath's contention was that he aud
his colleagues were wrongfully die
charged and relied upon tho c0nsttuc.
ton given the police and ire commits.
sion act Of 1894. He further contendei
thatcher Pratt sbouli not have been
permitted TO have designated the per.
sons whom the board Of police and
IRE com missioners removed.
1t was admitted that none Of tho
off Gers were appointed under the Jaw
OF 1894; but that they were appointed
by the CITY Council, the came buy
dispensing with their services.
Judge Cherry holds that the Coun-
oil had the power to DO 50 anu that the
removal was not wrongful out merely
q cutting down OF the numOer. The
fact that the particular persons were
named by tue CHIEF, tho curt finds,
that 1t was by and with tie cJnsent OF
the beard OF commissioners and that
there was nothing. Irregular in the
act.
After reviewing the act of 1894,
JudBe Cherry sayt:
A public Office is not a contract; the
incumbent is under no obligations 10
sorve; he may resign IL after he Is in
stalled; 1t cannot be regarded as The
property Of the incum neBt. Public
Offices are not incorporeaI Entertainments,
nor are they grants, neither are they vest
ed rights; tnoy are mere agencies; they are
voluntarily taken and may ~ any time
be resigned. They are created for the
benefit, convenience and use of the pub
lie. 2.
In this case it appears that no attempt
mas ever been made 10 have the persons
named In the complaint restored to
their positions, either by oertiorari, quo
warranto or mandnmus proceedings, but
without establishing their right to be
restored TO their positions ihoy have
brought this action to recover for un-
earned salary, or for tho services not
rendered, which we think they cannot do.
II 1t bo held that they may recover tor
Tho eight months time which elapsed be-
tween their suspension and the beginning
OF this action, there is no apparent end Of
the right to recovei-nothing but dea h
of the parties will terminate the right to
sue. Since the bringing of this acti on
over $4,000 would have accrued to
these parties If their contention be cor
rect.
Public policy demands that a city or
state should not be embarrassed in tho
Tree exercise OF its functions by being
compelled to maintain useless, unnec-
essary and expensive official position
ECONOMY in public affairs Is
duty municipality owes the
public, and Us the good faith
IN the City Council in tho reduction of
me public force OF salt Lake City on
september 4. 1894, Ia not in any way
called In question, It must be presumed
that they acted in the interest OF the pub
lie service and for tho public good.
1t therefore follows that the plaintiff
has no cause of action against The city,
and judgment will be entered for the de-
PENDANT, for costs.
A. N. CHERRY, Judge.