Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-24
NyE THINKS He
WAS LlBELLEO
Therefore He Wants COttreIl and
Fernstrom Punished.
WARRANTS FOR ARREST.
CRY Attorney Alleges That lie Was
Maneiouly sisndersd and Dam-
aged ny These council Members,

II seems that the city council Is new
or without IT'S sensation BY far the
most sensational matter concerning rs
members since the Robertson defalca'
tlon, came 70 light az 8 O'Clock yesser-
day afternoon when city Attorney Nye
filed q complaint In Judge Diehl's court
charging President Charles Cottrell,
Jr, ana Councilman II, 5. Fernstrom,
with criminal libel. The complaint al
leges that the two couneimen sub
mitted a report to the council contain
ing the false, malicious and libelous
statement that the city attorneys office
was being investigated by the grand
jury.
WARRANTS FOR ARREST,
Upon the filing Of the complaint
Judge Diehl issued warrants for the
arrest of the councilmen and placed
them In the hands OF sherlff Emery for
service. The charges preferred by Mr..
Nye are the outgrowth OF A. j. Davis
resolution introduced at the counrll
several weeks ago, providing for the
employment OF two expert accountants
10 audit the books Of the city officials
and heads OF departments who handle
any OF the city's funds. The resolu-
ton was submitted 10 the finance COM
mittee for consideration aud a week
ago last Monday night an unfayorable
report upon the same was submitted TO
the council signed by Cottrell, Fern
strom and Robinson, who constitute n
majority Of the finance committee, A.
j, Davis. who ia a member OF that COM
mittee, refused 10 sign the report. and
Spence. the chairmen OF the commit.
tee was not present so his signature
was not attached.
THE OBJECTIONABLE MATTER.
The last paragraph Of the report,
which contains the Objectionable mat
ter. Is rs follows:
GAS there II no charge OF any wrong
doing or any Irregularities IN any of
the departments, With one or two ex-
certiCns and as one OF these. the cenle-
terry department. Is being Investigated
by III committee for that department
and the other. the attorneys depart
ment, Is under Investigation by the
grand jury, ana inasmuch as the au-
ditor's ofiloe has been keeping more or
less Of check upon the various de-
partments IN the past, and the auditor
has lnformtd the council that he viii
audit all department accounts not al
ready Inspected as fast as time viii per-
nit, We zee no need OF mourning such
an eiHim6as expense for no apparent
purpose
GRAND JURY REFERENCE.
The reference 10 the grand jury in
vestigation created considerable dis
cussion In the council and several
members insisted that the grand jury
had not investigated the city attorneys
Office. Fernstr0m and Cottrell stated
'nat the newspapers were their au-
tnoriy for making the statement They
were informed that an attache Of MI.
Syc's Office had been called before the
grand jury but that was an. II was fl
nally declted by the council TO elmi-
nate the following paragraph from the
report ami II was then passed:
With one or two exceptions. and as
one Of these the cemetery department,
II Icing investigated by the committee
for that department and the other. the
attorneys department. is under lnyes-
tieStion by the grand jury"
II n. stated that before the council
last Monday night, City At
tofney Nye held a consultation with
Cottrell, Fernstrom and Robinson and
asked that a retractior be made In the
coanci Of the statement that his Of
fss had been investigated by the grand
jury. II If stated that Cottrel and
ternstrom lett the room refusing 70
facke any such retraction. Robinson.
however agreed 10 sign any reasonable
drawn up by Mr.. Nye. 70
be submitttd TO the council so as 10
give II as much publicity as the report
which contained the Objectionable
statement He signed the statement
written by the city attorney and took Il
to Cottrell and Fernstrom, both OF whom
refused TO sign Il. They wanted II re.
ferred to committee to give Mr.. Nye
an Opportunity to appear and state HIS
cause u complaint
Their refusal 10 sign the retractlon
resulted In the criminal libel action be-
Ing filed against them by Mr.. Nye The
peraity for criminal libel Is fine OF
1900 or six months Imprisonment IN
the county jail.