Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-11-11
Judge Cherry Ordered 10 Issue a Writ Of
Mandamus,
DIRECTED AGAINST AUDITOR SWAN,
Who WIN he Required 10 Ray the Onlccra
Their Hack Salaries, Amounting
to Nesfiy $1,000.

D ~ NN'f NNN IN|iN arr N.|NI X ~ "IilN"iH 4
~ the salt Lake police force today VIII.
are DO q iublIani m91i brought ubou,
hy a Supreme court decision. handed
down this afternoon. which relnsiaiea
them Co the positions they hold Lass
/ May before they we're removed. un1
Furthermore. entities them 90 their
salaries Tor the time they have been
walking the plank
Tho names " the officers. whose
breasts are again 90 be- adorned with
bras buttons ana stars are. Thomas
}. Evrfl, George H. raleigh. Richard
T.. shannon, Matt Rhodes. Frank G.
Wire. Joseph 4. iiuahy ana Horace A.
Heath. and william ~ carey.
II VIII bo remembered that the mon
were removed by in action " the Cliy
Council ilHt May when. two months
subsCuu utly, Evorlll. In his own hr.
hllL nH wei nF that 0f biz U1mptirlltH.
made nn application before Iudg' cher.
49, fur writ of mludhmla directed
against the city auditor tn compel him
90 draw hia warrant 0n ths treasurer
COR their salaries Tor the months ~
May, June. July and August. amount
judge cherry refused 10 issue the
writ nr GO grant any relief. when the
policeman appealed
Counsel IN behalf u the dcp1srd men
cdntcuded that the tenure OF their
office was Tor the term ~ good be-
havior and that therefore the action "
thr Mayor and city Council was Illegal
The other side Insisted that the laws
90 1891 and section 2ii uf the revised
statutes ~ 1888. gave tho Mayor ana
Council the power 20 remove and ap-
point HurrHfHurf.
Justice Hartch, who writes the opin-
Ion. discusses. nj some length. the law
bearing IN the question ana says re-
ferfinE 90 policemen
THE duties which have been Imposed
upon them. by the laws ~ the state,
they are bound 90 perform, independ-
entity ~ the corporation, such duties
being VI q public nature. The fact that
the appointment uf such officers was
dryolypd uuun the city. nr upon a board,
by the legislature does not deprive them
" the character OF public servants
Their appointment was 20 lodged SIN.
plv aH convenient way 10 exercise "a
function 81 government. They are not
th refore. 90 be regarded ~ the mere
agents or servants " the municipality,
but ua public OF State ufncerL This
court 30 hold in Royce VI salt Lake
city, ~ Utah. i0i"
They bolng such officers the sghiI-
vision lu question docs not apply o.
them. b. doubtless. was irterlrd o.
The servants or agents ~ the municipal
cfiumfii.l, ~ c1utalna up express
words which would make u, applicable
90 policemen ln clilUa NJ che first Cnss.
ana We ar not inclined Co aid the ar
hlirlry power. here c1uteuiel Tor hy
judicial olrstruCNln. ard hHll that 70
tE'I.H hy implication We have un de-.
nlrr Go extend that provision ~ the
statute o. public officers whl do nos
come clearly within iH sUrna because
10 cnrf. rr D rIWHr HuHrup. DO ~ being
exercised a. the injury ~ the public
service Tho power granted. under
mas subdivision On ln lH nature hlbl-
'rary nri deHpuic nnd o. cor rlry On
thlt principle ~ natural Justice which
fiya that no person Hhiii be- clndrmned
| urhrnfd nr wlthIUi hnyInW hnd an nps
priuuliy 60 he hoard, aud THAI pfIr1l-
Ole courts viii never d'srsrmd. pNt.Di
under the muUiltra ~ positive law
When 4 public officer j. rrhtfully lr
office, lLnlcs demands thls NJ n.ttok
shan he made up'1 his rlmc and fame.
! ~ removal without aH opportunity Oh
DE heard In hls defense, upon charges
rllplr 80 MrAflsisr. 10 Utah. 49,
'lhtt the View hHrr'n rNpre "a.
e'sppu'lrg thn tenure ~ 0fiice 10 police.
Nor accord wth the lutsrTNn ~ Inc
| Legislature, seems alec clear from an
examination. = the Journals " chat
| body fOr 1871
Tho court then quotes from ihe
Journal No the House 90 Raprrspnt4.
/ lives. referring 90 an ac. Ir rrstIen III
| police ana hrr departments of oItlca nf
| li,lp0 cog more Inhabitants. also 10 IA
| Senate Journal on report " com.
mlitee on the same bin, Continuing tha
| court says
From the. entries d may b. seen
that me bills -ttoducei Cor the purpls.
/ NJ cnhciing q frr ana police law. and
io repeal ths act of 1890 which n a i ra,
enactment and amendment ~ the act
| ~ 1884. failed 90 pass
| An examination N the measure
| which thus failed NJ passage viii show
that ~ provided Tor complete police ana
| Orc departments. and an examination nj
| tho Revised Statutes, aa shown ln ihr
! case NJ Pratt ~ swan supra. rrvruIa
tho fact that the Same legislature which
! defeated that measure, made ampi.
] provisions ln ihH Revised gtntutrs t1
] create and maintain a Tire department
] .u cities M moro than ~ 900 luhuhIinnta
! ana 90 create ana maintain police de.
! rlriinuui no cities 90 less size. ana In
] NIN"| NINNNNNNNH WIZ INlIAINl mo fHUa
] ura 10 office. Nowhere IN Inc RsyInal
! statutes, however do We nni similar
] rruyiHlOns respecting police daplrt-
l Wrnia md 'enuf. Uf office 100 pIIfs of
] ihH fret class o. is therefore hIr tu
| 1H1umo that % was tho intention 10 Ola.
l legislature 90 continue tho offices af
l policemen IN thN large cities under %.
| tenure MS provided in the lot 0f IgG
| We conclude that tho petitioner lrH
| Ills Aas'Fnnfs, under thn tN.HfIre lws
! are Hritlei fl hold choir Offices unit
] lawfully removed Tor ulusu. and tb,t
! 'hF Mayor and CRY Council. having I'M.
! tempted 90 remove thum from 1nlcH
/ without cause, 90 DO action was unlag-
| tI' and void, ThH officers MOI hlvInr
| boon lawfully removed % was the duty
! M me respondent 40 draw his warrant
| inr lhr.r salaries, upon proper demand
| ih. rotor ana Ono court erred ln NOT DOL
] SUNG the wri, " mandate 10 compel
! him 90 do sl,
] The cause must therefore he reversed
| WIN costs. ana remanded with dirap.
u1n 10 the court below 10 Issue th-
! WTIi.
WHAT THE CITY MUST PAY.
| The amount ~ money the city win
have % pay 10 the men up 20 the g5,h