Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-02-12
PRATTS CASE IN COURT.
TO COMPEL SWAN TO ISSUE WARRANT


Arthur Pratt commenced mandamus
proceedings before Judge Cherry in the
Third district court today in order to
compel City Auditor George Swan to
issue to him, as chief of the Salt Lake
City police department. a warrant on
Treasurer r. p. Morris for $3.50. being
the amount of his salary for the
months Of September october, Sovem-
Der and December, 1897, and January,
1898.
The petition was fled with County
Clerk Dunbar this morning and later
presented TO Judge Cherry who granted
temporary writ making the same
returnable next Saturday. Powers.
Straup Il Lippman and Moyle, Zane 81
Costigan are MIR. Pratts legal repre-
sentatives.
The petition sets forth Mr.. Pratt's ap-
pointment to the chieftaincy in 1894;
his right to continue in Office during
good behavior; the action of the SUI
preme court in June, 1897, re-instatlng
him, etc.
The bill then says:
THAT upon the 18th day OF July 1897.
pretended charges were filed against
your petitioner before the board OF po-
lice and fire commissioners of said
city, and thereupon said board suspend
ed petitioner from performing the du-
ties of the office of chief OF police, al
though he was at all times ready and
willing to perform said duties. That
eaid charges were never tried and your
petitioner was never removed from his
said office. and at all the times herein
mentioned he was and is now the chief
of police of Salt Lake city.
"Tbat on the LIST day of January. 1898.
the law under and by virtue of which
your petitioner wa appointed chief of
police of Salt Lake city, was repealed
ty the Revised Statutes OF the state of
/ Utah. and the said board of police
! and fire commissioners ceased to exist.
But that II was and is expressly pro-
vided by section 3is2 of said Revised
Statutes that all persons who, at the
time when said repeal shall take effect.
shall hold any office under the statutes
hereby repealed. shall continue to hold
the same under the tenure thereof ex-
cept those offices which are abolished
and those to which different provision
is made by the Revised Statutes
THAT the office of chief OF police of
Salt Lake City was and is n city office.
and II Is provided by section 81 of the
Revised Statutes of the State of Utah
that city officers. holding office when
said Revised Statutes should take eff
lttl, NtulIslut " nbiu NH'lI re-
spective offices until their Successors
are elected and qualified.
"That the said Office of chief of police
was not abolished by said Revised Stat
utes. nor was a different tenure pro-
vided for by said Revised Statutes. on
the contrary. section 3i5 of chapter 10
of said Revised Statutes recognizes the
said office of chief OF police and defines
the duties of said officer, and that your
petitioner IL entitled to said office of
chief OF police, and to receive the
emolrments thereof during good be-
havior and until he shall he removed
for cause by the Mayor. with the con-
currence of the majority of the mem
bers of the city Council. or by the city
Cauncil. with the concurrence OF the
Mayor. as provided for by law.
THAT on the Ord day of January. 1898,
and after said board of police and fire
commissioners had ceased to exist by
operation OF law, and after all proceed
gs had by said board regarding petit
TONER. became null and of no effect.
your petitioner made demand of the
Mayor OF Salt Lake city. he. the said
Mayor, being the executive officer OF
said city. that your petitioner be al
lowed to perform the active duties per-
tanning to his said office, but the said
Mayor requested and advised petition
err to await the wishes and convenience
of himself, the said Mayor. before I'M
dertakinE the duties OF said onlce, and
that petitioner has at divers times
since said Bird day OF January, 1893, and
the date hereof, advised said Mayor of
his readineess to perform the duties of
petitioners said Office. and demanded
that he he allowed SO to do. and said
Mayor on each and every of said occa-
sions declined and refused to accede
thereto. And your petitioner AYERS that
he is now, and at all the time herein
mentioned and set forth, was ready
and willing to perform the duties of his
said Office.
"That Notwithstanding the fact that
there IL money In the city treasury
wherewith TO pay the salary OF your
petitioner. and notwithstanding the fact
that The defendant herein has issued
his warrants in full payment OF the
salary for each and every other police
"tlicer and policeman OF said city ex-
cept your petitioner for all the time
herein mentioned and set forth. in
Guiding the month Of January, 1893, the
defendant declines and refuses to issue
his warrant as aforesaid to your petit
toner.
"Your petitioner alleges that he has
no plan, Inadequate and speedy remedy
in the premises other than the writ of
mandate, and that your petitioner is
the person beneficinlly interested"