The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-02-04

| In local article yesterday the Trib-
une essayed to give "a summary OF
an opinion rendered by City Attorney
Hall to Mayor Clark. at the latter's
request, on the legal status of the po-
lice chieftaincy This would have been
erterprising had not TIE Herald last
Sunday morning exclusively published
the main point of the city attorney S
opinion, which was rendered the pre-
ceding Monday, although his honor de-
clined to make the opinion public at
the time or since.
A CURIOUS POSITION.
The Tribunes article yesterday Fur
ported in seven lines to state he gist
of the city attorneys views. Then
drawing an erroneous conclusion, IN
tentionally or otherwise. conflict ing
opinion from Judge Powers, MIR. Pra.t s
attorney, was given spGce. for the evi
dent purpose of overcoming the effect
of City Attorney Halls contention. The
humorous side appeared when, III The
same column, Arthur Browns express
sions were made to concur with those
of the city attorney.
The effect of the Tribune's belated
article is an admission that Chief
Pratt was legislated out of office on
Dec. 81 when the board of police and
fire commissioners became officially
dead All along this contention has
been maintained by The Herald, in ac-
cordance with the expressed opinions
of the large majority of the leading
members of the bar who have studied
the question thoroughly.
THE MAYOR INTERVIEWED.
Mayor Clark was questioned about
the matter yesterday. With character
istic courtesy his honor stated that the
opinion rendered him by the city at
torney was a long, but comprehensive
document, but for prudential reasons
concerning public policy, it had not
been given the press for publication.
That the Tribune had given the gist of
the opinion, was proposition which
he deemed too ludicrous to be seriously
considered. The claim that Mr.. Pratt
had still a color of title to his office,
was only one phase of the question
pertaining TO the legal status of the
police department, and his honor eX
pressed qualification that the whole
matter was removed from doubt on the
ordinance reorganiZing the police force,
the ordinance having been approved by
him on Wednesday.
THE CITY ATTORNEY TALKS.
City Attorney Hall discussed the sub
ject freely with a Herald reporter. Mr.
Hall stated that the Tribune had given
the substance of only a part of his
lengthy opinion. His view is that Mr..
Pratts tenure of office terminated with
the fall OF the entire fabric that con-
Stituted the police and fire department.
According to his construction of the ap-
plicable portion of the revised statutes,
the police force and the fire department
members were only de facto officers whose
acts were legal from Jan. l. The new or
dinance, however. created and reorganized
the police department in pursuance of the
new city charter. All that now remains
TO make the police force a complete legal
lied entity is for the mayor to appoint and
the council to confirm the necessary num-
Der of officers and men to fill the positions
created. The same. stated the city at
tornsy, will apply to the fire ordinance
as soon as it is passed and signed.
WHO WILL BE CHIEF?
The opinion prevails in municipal haunts
that Mayor Clark win not again submit
the name of Arthur Pratt for appoints
ment TO the Office of chief of police. 1t is
related that his honor is satisfied Mr..
Pratt cannot overcome the mountain of
OPPOSITION that besets his path to the
coveted office, and, moreover, the ap-
pointing power does not desire TO deliber-
ate-- antagonize the other branch OF the
municipal government to the extent of
creating an irreconcilable breach in the
as would be done if he
persisted in attempting to force a favOra-
Dit cOHStutTdliOn OF MT. 1TdLt canuludcy
by the council. II is anticipated, there
lore, that the mayor Will present the name
of q rev apDointee to the council Tues
day evening.
A LAST FUTILE ATTEMPT.
Mr. Pratts friends are, however. max
ing last effort to remove the opposition
to him in the council. Their latest en-
deavor is TO convince aspirants for other
positions that the only safe way of re-
ceiving recognition from the mayor and
the favor of the confirming power is TO
make ii possible with their friends among
for him to assure the MAJOR
that another attempt will secure him the
requisite number of votes for confirma-
ton. According to all accounts. the effort
IS meeting fr;gid reception. AL who have
been approached with this proposition
have stated that il would be a fine thing
for Mr. Pratt but a dangerous expert
ment for the unsus9ecting place-seekers. {
1t is said however. that the eX-chief is
taking no hand in this.
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