The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-13

rIeme court yesterday forenoon, ana
I taken under advisement by the court.
The case came UP on appeal from a
formal ruling hy Judge Cherry, sus-
tanning the demurrer of the defendant.
City Auditor Swan, to Pratt's petition
for a writ of mandate to compel the
auditor to issue to him a warrant for
salary as chief of police for the five
months ending Jan. 81 last. The ques-
ton involved Pratt's title to the office
of chief of police during the period
( named, and also in the future for an
Indefinite period, for life, or during good
behavior, as contended by Judge Pow
ers, counsel for Mr.. Pratt.
The arguments We're made by Judge
Powers on behalf of the appellant.
Pratt, and by City Attorney Hall and
/ Judge Henderson for the respondent.
The court gave no intimation or
wien it would hand down the decision,
but it is expected it will not be long
delayed.
JUDGE POWERS CONTENTION.
Judge Powers, in his brief and by
! oral argument said that the main ques-
/ ton for consideration and determine
/ ton is whether the Office of chief OF
| police and that of policeman was aFoi-
iSbed by the revised statutes of Utah,
| and the only other point for considera-
/ ton is whether the petitioner is en-
| titled to his salary as chief of police,
/ in view of the fact that during Sep
tomber, October, November and Decem-
! Der of 1897 he was suspended by the
/ police commission, by virtue of pre-
tended charges, which were never tried.
On the first proposition Judge Pow
| ers conteaded that ii was not the in
| tent of the legislature to abolish the
/ office of chief of police, and the intent
was what governed, and the office not
1 being abolished and Pratt having been
| appointed under the act creating the
/ board of police and fire commissioners,
and the tenure of the office not having
/ been changed, he is entitled to hold for
/ life, or during good behavior.
/ In constituting the statutes, counsel in
/ vited attention to the fact that it IS
/ an established principle of law in the
! United States that municipal officers
! hold over until their successors are
elected and qualified.
The principle is an aid in determin-
| ing the question under consideration,
because the Office of the petitioner is
one that is essential to good order. 1t
cannot be possible that the legislature,
/ in adopting the revised statutes, ever
! intended that a city of 10000 people
! should be left, even for one day, with
out policemen under the control of a
responsible head. The legislature never
! intended that the criminal classes
should pursue their nefarious avoca-
| tons, with no officers clothed with the
usual powers Of policemen to execute
/ the laws. It must be conceded that
! peace officers are necessary in civilized
communities.
| A community needs a peace officer
! long before it needs a fireman. Thieves
must be apprehended. The laws must
! be enforced. Life and property must
/ be protected. 1t is the duty of the
/ legislature to provide for the enforce
ment of the laws which it enacts. 1t
/ is no answer to our argument to say
/ that the legislature left the matter Of
/ the creation of a police department to
] the city councils of cities of the first
class. The legislature was well aware
that of necessity, let the city council
act as speedily as it could and still.
many days would elapse before the
! council could create a police depart
ment and concur in the mayors ap-
pOintment of policemen. If the parish
could not be without a constable. GER
tainly the city could not be without
policemen. The city council of Salt
Lake has taken this view by apprO-
/ priating money since Jan. p 1898, to
/ pay every policeman on the force ex-
! cept petitioner. 1t is current history
! that such is the fact. Is it common
sense to suppose that the legislature
| intended that the policemen of Salt
| Lake should hold over, and that the
| chief of police should not hold over?
I Policemen. who were appointed by the
same board that appointed petitioner.
and who hold office by the same ten
ure, daily walk their beats in this city.
daily make arrests, daily exercise the
/ full powers of policemen, and they are
carried upon the payrolls of the city
| Their authority has not been questioned
and the duty and power of the city to
pay them has not been disputed. If
| they hold over, and are rightfully in
office, then the petitioner holds over,
and his office has not been abolished
True, the city council has recently
] passed an ordinance, creating and or
ment of Salt Lake City, and repeating
all conflicting ordinances and resolu-
lions of the city council"
But not one of the policemen who
walk our streets has been appointed, or
| exercises the functions of his Office by
virtue of that ordinance. The people Of
the city have, by their public acts, and
their acquiescence, construed the laws
as continuing the policemen in Office.
to the construction of the law as evil
denced by the action of the people.
THE SALARY QUESTION.
In regard to the point whether Pratt
is entitled TO salary during the time he
was under suspension, Judge Powers
went into the history of Pratt's sus-
| pension and the futile efforts of the
police and fire commissioners to try
/ him on the charges preferred against
/ him. and urged that the court was
bound to take judicial notice of these
/ facts. which counsel termed history of
{ the times. He also cOntended that
/ Pratt had the title TO the office during
all the time he was under suspension;
that the board had no power to sus-
pend him without pay, and it had no
right to suspend for an indefinite pc
Rod. When it found that it could not
| try petitioner. it should have restored
him. When the charges were with
drawn it had no further jurisdiction,
and when it went out of existence,
without trial. that operated as an ac-
quittal Moreover, the charges were
manifestly a miserable and conteInp-
tuous makeshift TO nullify the decision
and order of this court
Referring to the brief of the respond
ent, Mr.. Powers said:
IN glancing over the brief of the at
torneys for defendant. it impresses me
rs being a most beautiful legal mosaic.
And yet, the old adage that too many
cooks spoil the broth" may be verified
in this instance. 1 fancy that l dis
Germ between the lines the scintillating
genius of Dinniny, the profound legal
erudition of Judd, the melancholic in
sistence of Henderson. the dogmatic
assertions of Mckay and the kaleido-
scopic optomism of Hampstead l OBJ
serve that they break into poetry. and