Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-24
NYE THINKS He
WAS LIBELLEO
Therefore He Wants COttrelI and
Fernstrom Punished.
WARRANTS FOR ARREST.
CIY Attorney Alleges That lie Was
maIIciously slsndered ana Dam'
aged ny THESE Council Members

II seems that the city council Is new
or without It's sensation. by TAR the
most sensational matter concerning It's
members. since the Robertson defalca-
ton. came 10 light at o'clock yester-
day afternoon when City Attorney Nye
filed complaint In Judge Diehl' court
charging President Charles Cottrell'
IT., and Councilman f. s Fernstrom,
with criminal libel The complaint al
leges that the two councilmen sub
mitted report to the council contain
ing the false, malicious and llbelous
statement that the city attorneys office
was being investigated by the grand
jury
WARRANTS FOR ARREST
Upon the filing of the complaint
Judge Dlehl issued warrants Tor the
arrest of the councilmen and placed
them In the hands OF Sheriff Emery for
service. The charges preferred by Mr..
Nye are the outgrowth Of A. j. Davis
resolution, introduced at the council
several weeks ago, providing Tor the
employment of two expert accountants
10 audit the books Of the city officials
and heads Of departments who handle
any Of the cItv's funds. The resolu-
tlon was submitted 10 the finance com
mlttee for consideration and week
ago last Monday night an unfavorable
report upon the same was submitted to
the council signed by Cottrell, Fern
strom and Robinson, who constitute
majority Of the finance committee. a.
j. Davis, who is a member OF that com
mlttee, refused 10 sign the report, ana
Spence. the chairman Of the commit
tee was not present 80 his signature
was not attached.
THE OBJECTIONABLE MATTER.
The last paragraph Of the report,
which contains the Objectionable mat
ter. Is as follows:
Gas there is 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 GENE.
trry department, Is being investigated
by III committee for that department
and the other. the attorneys depart
inent is under investigation by the
grand jury, and inasmuch as the au-
ditors office has been keeping more or
less Of a check upon the various de-
partments in the past, and the auditor
has informtu the council that he VIII
audit all department accounts not al
ready inspected as fast as time VIII per-
nit we see no need Of mourning such
an enormous 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 attorney
Office, Fernstrom and Cottrell stated
shat the newspapers were their au-
tnoriy for making the statement They
were informed that an attache OF Mr.
Nye's Office had been called before the
Grand jury but that was all. IL was f.
nally decided by the council to climi-
nate he following paragraph from the
report and II was then passed:
with one or two exceptions, ana a.
onc Of these. the cemetery department,
Is icing investigated by the committee
for that department and the other, the
attorneys department, Is under inves-
tlgation by the grand jury
1t IL stated that before the council
meeting last Monday night, city At
torney Nye held a consultation with
Cottrell, Fernstrom and Robinson and
asked that a retractlor be made In the
coancil OF the statement that his Of
fse had been investigated by the grand
Jury. II is stated that Cottrell and
EernstrOm left the room refusing 10
make eny such retraction. Robinson,
however agreed 10 sign any reasonable
statement drawn up by Mr., Nye. 20
be suhmitted TO the council so as to
give Il az much publicity as the report
which contained the Objectionable
statement He signed the statement
written by the city attorney and took II
20 Cottrell and Fernstrom. both Of whom
refused TO sign ii. They wanted Il re-
ferred to a committee TO give Mr., Nye
on opportunity 10 appear and state his
cause II complaint
Their refusal 10 sign the retraction
resulted In the criminal libel action be-
ing filed against them by Mr., Nye. The
peraity for criminal libel Is fine OF
$1,000 or six months Imprisonment in
the county Jail