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


issue a warrant to Pratt for salary as
chief of police for the five months end
ing Jan. 81 last, was yesterday filed in
the Third district court by City Attor-
ney Hall.
The defendant also filed demurrer
to the petition, on the ground that the
petition does not state facts Suf1iclent
to constitute a cause of action, or TO
entitle him to the relief prayed for, or
to any other relief whatever; that there
is q defect of parties defendant, in that
reither the mayor nor city council of
Salt Lake City are made parties de-
fenGant.
The answer reads as follows:
SOME ADMISSIONS.
The defendant in the above entitled
action for answer to the petition in said
action, and not waving the demurrer
filed herein, says, that he has no knowi-
edge or information thereof sufficient
to form a belief as to the allegations of
said petition, and upon such grounds
denies each and every allegation OF SAID
petition, except the following admis-
sion, to-Wit:
First-That petitioner is a citizen of
the United States and qualified elector
in the city and county of Salt Lake, OF
the age of 45 years.
Second-That on the 18th day of June.
1897, the supreme court of the state OF
Utah, in a certain proceeding had IN
said court, wherein said petitioner ap-
peared rs plaintiff, and the board or
police and fire commissioners was de-
fendant, said court held and deter
mined that this petitioner was chief or
police of Salt Lake City, and entitled
to hold said office and enjoy the emolu-
ments thereof during good behavior,
unless it should be otherwise provided
by statute, or unless sooner removed in
the manner provided by law.
Third-That the salary of chief of po-
lice of said city was fixed by ordinance
of said city at the sum OF Sl5e per
month, payable at the end of each and
every month, but subject to the modl-
ficatio hereinafter stated
Fourth-That this defendant is city
auditor of Salt Lake City and that he
has been requested by said petitioner
to issue his warrant to him for $3.50
per month for the months of Septem-
Der. October, November and December,
1897. and January, 1898, and that this
defendant has refused, and that this
defendant has not drawn or delivered
his warrant to said petitioner therefor,
or any part of the same.
Fifth-That section 24S2 of the revised
statutes of Utah provides as stated in
said petition.
Sixth-That on the 18th day of July,
1897, charges were filed against the pc
before the board of fire and
police commissioners of said city, and
that said board suspended said petit
toner from performing the duties of
chief of police.
AFFIRMATIVE DEFENSE.
And this defendant, further answer
Ia nd frrrf HI
defense thereto. affirmatively ayers,
upon information and belief,
That said petitioner was chief of po
lice of the city of Salt Lake on and
prior to the 10th day of July, 1897;
that on said 10th day of July, 1887,
there was filed with the clerk of the
board of fire and police commissioners,
charges against the said petitioner,
charging him with certain malfeas-
ance, and malfeasance in office as such
chief of police; that said charges were
in writing and were signed by citi-
zen of Salt Lake City; that said board
notified said petitioner Of the filing of
said charges, and that said petitioner
before said board at a ses-
sion thereof held in the city of Salt
Lake on the 18th day of July, 1897, and
after the decision in the supreme court
referred to in said petition; that at
said meeting of said commission there
were three members present; that said
charges were read to said petitioner,
and that the board proceeded to con-
slider the same; that said petitioner
was there present by himself and his
o. w. Powers, and that the
board then requested of said petitioner
to know if he desired a trial by a full
board, and the said petitioner informed
said board that he would waive the
ten days notice to which he was en-
titled by law. and then and there, by
himself and his counsel, asked for an
trial or hearing by the
members of the board then present, and
waived a trial and hearing of said
charges before full board: that there
upon the said board considered said
charges, and, in the judgment of said
board, said charges warranted a sus-
pension of said petitioner from said Of
flee of chief of police until the matter
of said charges could be heard and
investigated. and thereupon the said
board passed a resolution suspending
the said petitioner from said office un-
til the matter of said charges could be /
heard and investigated
PRATT CHANGED HIS MIND.
That said board then fixed the next
day. July 16, 1897 at p. m, as the
time TO commence this trial and inVes- J
tigation of said charges, at which !
time the said petitioner and his
said counsel appeared before said board |
and the said petitioner then, in writ
ng. filed with the said board, demanded |
trial and hearing by a full board, |
md refused to proceed to a trial before |
The three members of the broad then !
present. That one member of said |
board was then absent in New York. |
which was well known to petitioner, |
and that he would not return for some |
time, and to enable said member to |
return and to procure a full board the |
said board then adjourned until Aug. |
20. 1897, at II a. m. That on the 10th |
lay of August, 1897, the said board |
again met, pursuant to adjournment |
and all the members of said board were !
hen present. and thereupon the said |
board proceeded to the trial of said |
charges, and before entering upon said !
rial the petitioner objected to proceed |
ng further with the investigation upon /
various grounds. questioning the elegi- |
oility and qualifications of members of |
said board. That said objections were |
overruled, and the said board proceeded |
With said trial, and the said board adj |
ourned until the next day. when the
said trial was again proceeded with and |
some testimony taken, and the said |
BOARD thereupon adjourned for further |
nearing and trial of said matter until |
he 25th day of August, 1897 at which |
line the full board was present and |
in said trial and proceed !
ng, and the said petitioner by himself |
and counsel were also present. and a |
witness was called in support of said |
charges. whereupon Mr.. s. ]. Kenyon, |
me of the said commissioners and a |
member Of SAID board. made objection |
% any further proceeding with the said |
Investigation. and refused to further sit |