The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-02-24

ing members, which he then and there
refused. That said board then adjourn
ed from time to time until the first day
of January, 1898 That said S. ]. Ken
yon at all times after the said 18th day
of August 1897. refused to sit as
member of said board for the consid-
Grafton of said charges, and that said
petitioner at all times refused to have
a hearing or have said charges inveSti
gated by anything less than full
board, and that for that reason the said
charges were never investigated or the
trial thereof concluded and ended.
KENYON WITHDREW AT PRATTS
REQUEST.
And this defendant, further answer
ing, upon information and belief, AYERS:
That said S. ]. Kenyon, member of
said board was acting in the interest of
petitioner, and that it was at the solic-
itation and request of the said petit
toner that he refused to sit in said
cause, and that it was done for the
purpose of preventing an investigation
and q trial of the charges against the
petitioner, and that but for such re-
quest and solicitation upon the part of
petitioner, said charges would have
been fully investigated and a conclu-
sion reached by said board long prior
to Jan. 1, 1898.
DROPPED FROM THE PAY ROLLS.
And this defendant, further answer
ing upon information and belief, AYERS:
That after the said petitioner had
been suspended from his said office as
aforesaid, and on, to-wit, Sept "A. 1897,
the city council of the city of Salt Lake,
in pursuance of such suspension, passed
the following resolution:
Resolved, That the city auditor be
instructed not to place the name of Ar
thur Pratt upon the pay roll as chief of
police for sum until hereafter ordered
hy this council, and that the finance
committee be instructed to examine
into the matter and report whether in
the event of Chief Pratt being dismissed
he would be entitled to his salary dur
ing the time of his suspension from
duty pending trial.
That in pursuance of said resolution
the name of petitioner was taken off the
pay roll and has never since been on
the pay roll as chief of police or in any
other capacity.
NO AUTHORITY TO DRAW WAR
RANT.
And this defendant AYERS that he is
advised and believes that he has no
authority whatever to draw any war
rant upon the city treasury for said
Pratt That he is but a ministerial
petitioner does not appear upon any
pay roll and that no authority what
ever has been conferred by the city
council to draw any warrant on the
city treasury in his favor. That said
resolution has never been repealed or
modified, and that it is still in full force
and effect and that no appropriation
has ever been made by the city council
in favor of the petitioner or upon which
this defendant could draw his warrant
in his favor
FORMER PROCEEDINGS A BAR.
And this defendant, further answer
ing, upon information and belief, AYERS:
That heretofore to-wit, on the 18th
day of September. 1897, and after the
said petitioner had been suspended as
aforesaid. petitioner filed his petition in
the Third district court of the state
of Utah, in and for Salt Lake county,
in which he alleged and set up that
said board of police and fire commits
sioners had suspended him from said
Office of chief of police, as hereinbefore
set forth, and claimed and set up in
said petition that said suspension was
illegal and void, and asked and petit
tened the said court for writ of man
date directing and ordering the said
board to reinState petitioner in said Of
flee. That said board filed its answer
TO SAID petition IN SAID cause SO coIn-
menced, and the said cause was
brought to trial and hearing before said
court, and such proceedings were had
therein that afterwards, to-wit, on Oct.
L, 1897, said court, by its judgment
duly made and given, denied said petit
ton, ard held and adjudged that the
said petitioner was not entitled to the
said writ of mandate as prayed, and
held and adjudged that said suspension
was legal and binding upon the said
petitioner and the said court, and that
said judgment so made and entered has
not been reversed, set aside or modified
in any way, but is still in full force
and effect. nor has any appeal been
taken therefrom. and that the same
has become and is final, and this de-
PENDANT AYERS that said petitioner is
concluded thereby from questioning the
binding force and effect of said suspen-
sion hereinbefore set out.
OFFICE ABOLISHED.
And this defendant. further answer
ing the said petitioner, upon irforna-
ton and belief. AYERS:
That the salary of said Office of chief