Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-30
Purport Of Resolution in Nye.Fern-
strom-COttreII Libel Case,
DivELER DOWN On "PIKERS"
Rernstrom Quotes the Law and shows
what the Duty OF the city Attor-
Dey IL In the Premises

President Cottrell and Councilman
Fernstrom are cry much In earnest in
regard to city Attorney Nye defending
them in the criminal libel charge pre-
ferred against them by that official A
resolution was introduced at the coun-
ell meeting last night by Eardley
which provides that Mr.. Nye shall de-
fend the two men or else furnish at his
own expense such legal assistance for
them as may be necessary. Upon mo-
ton Of Il, IA. Davis the resolution,
which follows In full, was referred TO
the finance and municipal laws COM
mlttees
Whereas, one George l.. Nye has
caused the annoyance Of arrest OF the
honorable president and fellow-mem-
Der Of Ibis council on account OF an
official report as members Of the fl
nance committee, made In strict accord
ance with their duty upon a matter re-
ferred to said committee by the city
council, and
Whereas. Under section 227 OF the
iNNN lFNA nAaNhA'N " wan AlA' WV 'NNl
eli has power TO define By ordinance
duties Of city officials not specifically
defined by statute. aud chapter Of the
revised ordinances Of Salt Lake city
provides that II shall be the duty Of
the city attorney 10 defend In all ac-
lions against any officer or agent Of the
city on account OF official acts and
Whereas, IL Is the duty of the city
council N Re b.Yu fppnl In
timidation and attempts 10 prevent
them from performing their plain duty
In looking into and reporting upon
what they believe to be actual c0ndi-
lions In the various departments OF the
city; therefore. be II
Resolved. That the city attorney be
and is hereby instructed to appear IN
person and defend the proceedings
brought by said George l.. Nye against
President Cottrell and Councilman
Fernstrom Of this body, or furnish at
his own expense such legal assistance
for the defendants In the case as shall
be satisfactory to them
RESOLUTION DISCUSSED.
Eardley moved the adoption of the
resolution and stated that the criminal
action had arisen over a committee re-
port of the council and the gentlemen
who signed the report were acting in
their official capacity, hence the council
should see that they are properly de-
Tended Daveler stated that the reso-
luton was ridiculous and he would
have nothing to do with It. lie said
that II might lead to the city attorney
pleading guilty for his clients. He
urged the two councilmen to stand the
expense OF their own personal matters
and not be 'pikers."
Fernstrom, In arguing for the adop-
tion Of the resolution, stated that the
matter complained of In the complaint
against President Cottrell and himself
was distinctly a committee report Of
the council and the law Is clear that It
is the duty OF the city attorney to APP
pear In behalf of the members Of the
city council when their official acts are
involved. He read the law on that
point and went on 10 state that he was
willing TO trust his case TO the city at
torney, as he thought that official could
win a case once In while. He said
that he would be satisfied for Mr.. Nye
to hire an attorney. as provided In the
resolution, but that he did not Intend to
spend one cent for an attorney TO de-
fend the case as the action was who'll
ly uncalled for and It Is the duty OF
the city TO defend the official acts of Me
members of the council and he intend
ed TO have 1t done and not fool about
It. either.
OFFICE COMPLAINED OF.
In second speech on the subject.
Fernstrom said that there had been
complaints Of irregularities
In the city attorneys Office that there
were numerous cases where the second
assistant city attorney has absolutely
refused 20 prosecute cases when he adj
mitted In my hearing too, that the evil
denct was sufficient 60 warrant prose
cution, The license collector has gone
to MIR Schulder with handful OF bills
whore meat dealers refused to pay their
license. he said. and he refused to pros
ecute the dealers who transacted bus
mess without license. He said he
knew that there was Wrongdoing In the
city attorneys Office and he did not in
tend to whltewash IT,
Thomas said that 1t was beyond COM
prehensiOn how any member Of the
council could bring IN any such res0lu-
ton. or iind words TO support such a
ridiculous matter. He stated that every
man IN the council understood the
Of the A. J. Davis resolution in