Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-04-27


c,o,gs A Sheets is entitled to the office
:, chief Of police Of this city Will soon
- settled by the supreme court. The
ana warranto proceedings instituted by
.tv Cen Breeder against Sheets were
aro,ed at length before the supreme
,nr, this morning and submitted to
no court for consideration. The i'm
,,rtanee Of the case and the great pub
y, ,rtsrast manifested in II, will prob
aSly be responsible for an early decision
nv the court upon the questions in
vOyed.
MANY ATTORNEYS PRESENT
rbere was a large number Of attor-
,sys and spectators present In court
"a hear the arguments in the case
Amopg them were Attys. Richards,
yarian. sraup, Prick, c. +. Loofbou-
row. Weber, Wenger, +, p. Chrlsten-
son Goodwin, shoup, +. c. Loofbourow'
ATTY. Gen. Breeder, Judge Lewis, city
Auy. Nye and Judge Twomey. Among
,ba interested spectators were George
Sheets, Detectives Chase and Raj
eigh Counclmen Black and Fernstrom,
CIV Treasurer Morris and County
Auditor Fisher.
sTRAUP OPENS.
Attorney D. N. straup opened up the
Arguments in the case in behalf or Mr.
sheets. lie read the principal allega-
inns Of the complaint, including the
rules Of the council in regard TO con-
hrmatIons and also all the actions OF
me council in connection with the ap-
continent and alleged continuation OF
Nr sheets ITO this complaint SAID
Mr. straup. "the defendant has filed
general demurrer and a motion 10
strike out certain parts which Is
claimed are mere conclusions OF law.
TWO PRINCIPAL QUESTIONS.
"The two principal questions are;
Flrst-whether the city council had any
right TO pass rule IL, the rule referred
Ia here. and. second--whether the con-
frmation created liability against the
city within the meaning of the stature,
The statute provides that a majority OF
the council, eight members, shall con
stltute q quorum TO transact all Dusl-
ness. Our contention is that only a
majority OF the quorum Is necessary 10
conhm an appointment. The com
mon law holds that a majority OF
quorum can transact all business eN.
cspt where the statute comes In ana
provides differently. The statute does
step in In this case and say that II
shall require a majority Of members OF
the council elected to pass all measures
creating a liability against the city
THE rule Of the council pertaining 10
he confirmation of appointees Il
against the law. II is not a rule OF
conduct Of the council but is a rule
which Increases the authority OF the
council in conflict with the statute ana
hence Is null and void, one OF
the most serious questions con-
tended for by the plaintlil
Il whether or not the confirmation OF
an appointment is the creation of
liability against the city. We contend
that when the ordinance was passed
creating the office Of chief Of police and
fixing his salary the liability was then
created BY mere confirmation, we say
that a chief Of police could not collect
one cent for his services no matter how
neritorlous unless his services are
provided for by statute or ordinance
Ike must look to the law for his COM
.,tf ss a.. Ia h1a nj all II
must be provided for by law and ordi-
nance"
QUESTION OF LIABILITY.
Justice Bartch asked the attorney the
question that II there had never been
an appointment OF chief Of police would
there then have been any liability
sgalnst the city for the salary,
No, not IN favor OF any particular
person, but the mayor could be COM
PEELED by a writ Of mandate TO fill that
once as provided in the ordinance, so
that the liability created by the ordi-
nance could rum
NYE CAME NEXT.
City Attorney Nye followed Mr..
S'raup IN a brief argument. He said
mat he liability against the city was
NeaIed when the ordinance was passed
Creating The office and fixing the salary.
the liability to pay was there all the
ume. but the payment OF the same was
merely suspended. The liability TO Pay |
vas there but the obligation. as II were, |
ula not arise until an individual is APP !
POINTED 10 the office, He argued that |
he ordnance provides that the captain |
u police shall perform the duties OF the |
vhiei OF police when there Is no duly |
appointed chief, and that Captain Bur |
tsluge could In this case demand that |
ue receive the salary OF chief and the |
IVY would have TO pay II, Hence the |
taOlllty against the city In this case |
tta not been even suspended in law, |
vut has always existed from the pas
Ssssse OF me ordinance creating the office. |
~ ave In closing, cited a number OF
:, s.s.noHiies 10 support the contention
F" The defendant
BREEDEN MAKES REPLY.
,AAss,,orney-General Breeder made the
s!g argument I'm behalf OF the
s,Is, . mere have been a great many
~ expressed In the papers and
es, ws streets In regard to tbs
wss out In justice TO myself
/. "a 70 say that any report
,,, .ns papers to the effect that have
,,s,t,,sssea an opinion in this case Is
,,,,ly false ] would not make q
fo,' u ltgnt one way and then come be.
y. ,hs court and ask Il to decide
h ,,,.,e Just the opposite way. mere
'"e TO myself
COUNCILS RULES.
b. ue statute Of this state provide that
n, .,tIuncil may pass rules OF conduct
N'v transaction Of business which ]
hNAlAkT H1EnIN