The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-31

The petition of ex-Chief of Police
Pratt for a writ of mandate TO COM
pei the board of police and fire COM
missioners to restore him to the office
of chief of police was heard before
Judge Cherry yesterday with Attor-
neys Waldemar Van Cott and Harmed
Pratt appearing for the petitioner and
City Attorney Mckay and Assistant
City Attorney D. 3. Hampstead repre-
senting the defendant.
The first proceeding was brief argu-
ments on the demurrer filed by the
board, which his honor overruled.
Attorney Van Colt put in evidence
the certificate of appointment issued
to the petitioner by the board OF po-
lice and fire commissioners on Dec 81,
1894, by which it appeared that Mr..
Pratt was to hold the office during
good behavior.
COMMISSIONER DIN1NNY.
The petitioners counsel then rested
and the defense called Commissioner
H. J. Dininny to the stand ana IN or
der to show that the petitioners dis
missal was not due to any colluslon or
conspiracy the witness gave three rea-
of the business men of the city were
opposed to Pratt's administration be-
cause he failed to suppress gambling
and prostitution; second, his faVorlt-
ism shown in appointing his half
brother o. P. Pratt, a member of the
force; third, and perhaps the reason
his action in the celebrated hack
episode of 1894. in which he refused to
testify before the grand jury as to
Ii, -,
Mr.. Dininny proceeded to give IN
stances in which the board thought
Mr. Pratt had been derelict in his
duty In suppressing disorderly houses
and mentioned a supposed cigar and
tobacco store which had been opened
in The Herald building, but which in
reality proved to be dlSorderly
house.
On cross-examination, Mr.. Dininny
said he could give the names of the
business men who wanted Pratts re-
moval, but he did not think it would
be fair to them 1t would not embar-
rass him the least to give the names,
but in justice to them he did not be-
lieve it would be proper to make their
names public.
The defense then called Clerk of the
Board George B. Felt, who gave the
minutes of Feb. 10th, Dec. 18th and
Sth, 1896, which showed that resolu-
lions were passed by the board con-
demning the existing evils in the city
and suggesting a remedy which was
resolved, that the chief of police be
authorized to enforce the laws, etc"
The minutes were allowed to go in as
evidence.
EVIDENCE NOT ADMISSIBLE.
His honor remarked that under the
,sa1a 90 rod
only to involve the point of law as to
whether the board had power, under
the act of the legislature, to dismiss
the chief when it thought the good of
the service demanded it, this evidence
was irrevelent and he refused to hear
any more of it, but as some evidence
had been admitted he allowed Mr..
Pratt to be called in rebuttal.
In reply to Mr.. Van Colt the ex-
chief testified that his half-brother,
o. P. Pratt, had been appointed on
the force against the wishes of the
Mr.. Pratt also explained that the rea-
son the laws against gambling and
houses had not been more
stringently enforced was that a ma
jority of the former board has in
structed him not to be too vigorous in
the enforcement of the ordinances on
those matters. In regard to the al
legged disorderly place opened in The
Herald building, Mr. Pratt said that
il was only III existence a very short
time and that when the character of
the house was discovered the manager
of The Herald caused it to be sup
pressed at once and those conducting
it were made to move out within "A
hours.
So far as this incident is concerned,
it may be stated that there was absO-
lutely nothing connected with it that
could in the slightest degree subject
Mr. Pratt to criticism.
THE HACK EPISODE.
In regard to the hack episode of 1894
Mr.. Pratt said that two members of
the then board of police and fire COM
missioners had approved Of his action
in refusing to testify before the grand
jury.
By Attorney McKay-When did the
board instruct you to go slow on the
gamblers and houses of ill-fame?
Pratt-From the beginning of the
commission.
McKay-Was it before or after the
passage and adoption of the resolu-
ton?
Pratt-Before and after.
McKay-Which of the commissioners
told you?
Pratt-Commissione Noble for one.
McKay-What did he say?
Pratt-He said he did not want the
laws enforced too strictly.
McKay-Did he refer especially to
gambling and prostitution?
Pratt-He did.
McKay-You say a majority of the
board told you-who were the others?
Did Mr.. Jennings say anything?
Pratt-Not in the same way exactly
but he held views similar to those
IF Mr.. Noble though not expressed in
the same way.
McKay-Who was the other mem
Der?
Pratt-Mr. Cohn.
McKay-When the move for reduc-
ng the force was on, did you not send
N the names of 10 or a dozen men,
recommending that they be dismissed?
Pratt named seven men.
McKay-Who were they?
Pratt don't know whether l can
all the names or not; I re-
call Johnson, Larsen and Yocum.
Attorney Mckay then submitted n
list of names to the witness and asked
f they were the men.
The reply was that he thought they
we're
McKay-Now, Mr.. Pratt, why did
you recommend their removal?
Objected to and objection sustained.
His honor refused to hear any more
testimony and counsel then argued the
,ase, which was taken under advise
nent by the court.
SUPREME COURT OPINION.