Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-03-12

JUDGE POWERS LITTLE BIT OF SARCASM
city Attorney Hail and Judge Henderson
Appear In Behalf of city Au-
ditor Swan.

thh-
visement
Mr.. Pratt. the appellant, was repre-
scented by Powers, Straup and Lipp-
man, and City Attorney w. c. Hall,
Judge Henderson and ID. Il. Hampstead
appeared for Mr. Swan.
Judge Powers In the commencement of
his argument said that the question in
volved in the case was one of public
Importance; 1t concerned the con-
struction of our revised statutes. 1t
was true that the suit was instituted
by private individual. but 1t affected
the cities of Salt Like and Ogden,
cities of the first class.
Judge Powers then proceeded to re-
cite the action of the board of police
and fire commissioners by appointing
Mr.. Pratt chief; his subsequent sus-
pension; the preferring of charges
which Mr.. Pratt was never given an
opportunity of meeting. II was the duty
of the board OF have tried him; he
couldn't try himself, Continuing, he
said that the Legislature never In
tended to leave the city without head
In the police department. He read from
sections of our statutes In support of
was never abolished and is In exist
ence today as much as 1t ever was and
petitioner is chief and will continue to
be SO until his successor has been regu-
larly appointed and qualified.
1.-THE office of a policeman has always
been recognized as an important one.
A community needs II police officer long
before 1t needs a fireman. Thieves must
be apprehended. The laws must be en-
forced. Life and property must be pro-
teoted. 1t is the duty of the Legislature
to provide for the enforcement OF the
laws which IL enacts. 1t lis no answer
to our argument to say that the Leg
islature left the matter of a creation of
police department to city councils.
The Legislature was well aware that
Of necessity. let the council act as
speedily as 1t could and still many days
would elapse before the council could
create a police department and concur
In the appointment of policemen"
Judge Powers then read from an au-
thortty which says: "A constable is not
discharged until his successor is APP
pointed and sworn in; because the
parish cannot be without an officer"
Very WELL" continued Judge Powers,
IF the parish could not be without
constable, certainly the city could not
be without policemen. The City Coun-
ell has taken this view by appropriat-
ing money since January /, 1893 to pay
petitioner. 1t Is current history that
such Is the fact. Is It common sense
to suppose that the Legislature intend
ed that the policemen Of Salt Lake
should hold over and that the chief of
police should not hold over. Policemen
who were appointed by the same board
and who hold office by the same tenure,
daily walk their beats. daily make ar
rests. daily exercise the full powers of
policemen, and they are carried on the
pay rolls of the city. True the City
Council has recently passed an ordin-
ance creating and organizing the police
department, but not one of the police
men who walk our streets has been APP
pointed or exercises the functions of
his office by virtue of that ordinance.
THE people of this city have, by
their public acts and their ac-
auiescence. construed the laws as con-
tinulng the policemen in office"
Judge Powers then read extensively
from the revised statutes, and continu-
ing said: While they provide a new
method for the appointment and for the
removal of n chief OF police. the Office
has not been abolished. There has
simply been a substitution OF the Mayor
and City Council in the place and stead
of the police and fire commission in the
government of the police department
1t Ia left with the City Council to fix
the number of men and the kind of Of
icars composing the force, excepting
the office of chief of police, and t.
prescribe rules and regulations govern
ing the department, and to provide FOL
matters of detail
On the question as to whether the
chief was entitled to his salary. Judge
Powers gave a brief history of the at
tempt to Dust Pratt from office. AND
scored some of the members of the ole
fire and police commissioners and the
present City Council for the part the,
had taken in it.
Referring to the brief OF the respond
ent, Mr.. Powers said
"fn.glancing over the Nrief of the at.
torneys for defendant, It impresses m,
as being n most beautiful legal mosaic
And yet, the old adaGe that too man.
cooks spot the BROTH" may he verified
in this instance. fancy that l dis
Germ between the lines, the scntlllat
ing genius of Dlnniny. the profount
legal erudition of Judd the melan
cholic insistence OF Henderson, tbs
dogmatic assertions OF Mckay aud tn,
kaleidoscopic optomism of Hempstend
observe that they break Into poetr,
and quote the lines referring to peti
TONER:
Men may come and men may go,
But hold on forever.
THAT Is n beautiful gem. Worth,
of the divine aftlatus of the poet lau
reete of England. regret that
know not the author that / might max,
due Acknowledgment to genius"
CITY ATTORNEY HALL TALKS.
City Attorney Hall said that tw,
questions in consideration OF the ease
were presented.
I. What was Pratts status durinl
the last four months of 1897. while h,
was under suspension and did not per
form the duties Of the office.
2. What was and IL hs status unde
the law since January l, 1895 and hai
he any right whatever under the new
charter.
"As to the first" said Mr.. Hall, 81
only raises the question whether unde
the law. as It stood previous to Janu
airy ], 1898, Pratt IL entitled TO thu
salary, as chief of police. while he wa
under suspension and did not perform
the duties of the office. Under tn
charter of Salt Lake City MS 1t stoot
previous to January !, 1894 the oiiic'
Of chief of police had II
existence only by virtue q
city ordinance 1t never has
tue of city ordinance. 1t never hat
been created by any legislative act
but the City Council under authority
vested in 1t to ordaln and establish
police regulations and create the OF
Ace had created II. Mr. Hall then ren,
from the statutes which he said gavi
the board Of police and fire commits
siorers power to suspend the chief OF
police, and that upon such suspension
he ceased to exercise the functions oi
his office.
Mr. Hall therefore submitted that Mr.
Pratt is not entitled Ia his warrant fol-