The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-08-04

The eight police officers who were
discharged from the police force on
May % last, by the action of Chief of
Police Pratt and the city council, yes
terday entered an action against Salt
Lake City to recover their salaries from
the date of their discharge until July
81, amounting to $I,429. 96.
The suit is brought by Thomas j.
EVerill, TO whom the other seven nave
assigned their claims, segregated as
follows: Thomas J. Everill, $1l3. 80;
George r Raleigh, $11S.33; w. b
Horace Heath, $1S4.16; r. L. Shannon,
$1S4.16; Matt Rhodes, $lS4. 10; r Z.
Wire, 1854. Is
The action is in the form of a petit
ton for writ of Uandamus to com
pei the city auditor TO pay them the
amounts claimed. In the complaint it
is alleged by EVerir that he and the
others interested in the action, with
the exception of Heath, were appointed
as members of the police force on
April Is, 1894, and Heath was appoint
ed in 1896. all by the chief of police
and the board of police and fire COM
miSsioners. They were appointed to
mold their offices during good behav-
ioT," pursuant 10 the provisions OF
tory. IT is then alleged that they were
assigned TO certain duties and that
their salaries We're fixed by the mayor
and city council; that the city auditor
has refused to pay the men the
amounts they claim for salaries for five
days in May and for the months of
June and July. Ii is further alleged
that the men were, on May %, 1898.
WrOngfulIy and without authority of
law discharged and since have not been
allowed To perform their duties, al
though no charges were preferred
against them and they We're given no
opportunity to be heard. The revised
statutes of Utah, which took effect on
Jan. !. 1898, are then cited, which pro-
vide that all persons who. at the time
when the repeal of the fire and po-
lice act and the abolition thereby of
the fire and police commission took eff
feet, hold any office under the statutes
thereby repealed, shall continue 20 hol
the same under the tenure thereof. eX-
cept those Offices which are abolished
and those as to which a different pro-
vision is made by the revised statutes.
Tt is then alleged that the offices of
patrolmen We're not abolished, and
that the parties to this action are
therefore still entitled to hold their Of
fees and to receive the emolumentS
thereof. IT is then set out that there
is sufficient money in the city treas
ury to pay the amounts claimed, and
a writ of mandate against City Au-
ditOr Swan, ordering him to pay the
same, is prayed for.
An alternative writ of mandate was
issued made returnable on Saturday
next, before, Judge Cherry
Messrs. Moyle, Zane & Costigan and
Marshall, Royle & Hampstead are the
attorneys for the plaintiffs.
- - Mining. Contest.
Governor Wells yesterday filed suit
against NJ w. Davis and c. H. Lash
brook, alleging that he is the owner
in actual occupation of the Wells lode
mining claim, in the West Mountain
mining district, and that on May l,
1888. the defendants wrongfully en-
tered upon a portion Of the said claim,
to-wit, that part OF it intersected by
the Gold Reef and Mountain Mayd
lodes.
Plaintiff prays that he be declared
the owner of the area in conflict, and
for judgment for $l3O expended by him
in support of his claim.
Court Notes.
A petition was yesterday filed in the
probate division Of the district court,
by John D. Wright, praying that he he
appointed administrator of the estate
of the late Robert Wright The es-
tate consists of real property and is
value of $500. Aug. % was set as time
for hearing on the petition.
The Security Loan & Storage COM
pany and Frank Knox. trustee. have
filed suit against John Beck and 16
others TO recover S1O,2S3 and interest
on a prOmissory note secured by a
trust deed to certain real estate.
a. II. Raleigh has entered suit
against andrew J. Stewart, jr., To re-
cover $62S. 80, balance alleged to be due
on a promissory note.