Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-01
IMPORTANT DECISION.

The decision OF the Supreme Court
of Utah in the Sheets case was not
surprising 10 the great majority Of
Our citizens, After the arguments ON
either side were made public in the
synopsis given by the Deseret News
the very general opinion was that the
court would decide that the defendant
was not legally confirmed by the city
Council as chief Of police.
The main contention OF his attorneys
and supporters was, that the rule Of
the Council requiring vote Of the
majority Ct all the members elected.
70 confirm an appointment by the
Mayor, was In conflict with the pro-
vision of the statute that a majority
OF the Council shall constitute a quorum
e. do business But this was overcome
by the argument OF Attorney f. s,
Richards, that the rule and the statute
are acrimonious Under the statute It
takes eight out OF the fifteen members
to form quorum; under the rule u
takes eight 10 confirm an appointment
Tho two provisions can be construed to-
gether.
According TO the logic Of the defend
ants attorney. five members out OF
fifteen could confirm, that Is TO say
one.third OF the body may act as THE
City Council II seems clear that the
Legislature did not intend to vest any
such power In the hands Of FIVE out Of
fifteen members, when the law was
enacted that the Mayor should appoint
by and with the consent Of the City
Council. The court has on its side
good common sense as well IS judicial
rrecedents.
The creation OF liability against the
city requires vote Of a majority Of all
the members elected to the Council. As
there was q vacancy In the office OF
Chief OF Police for some time previous
10 the nomination OF George a. Sheets,
and the captain of police was then per-
forming the duties o. chief. 1t seems
r-ssaa5 that tie ne@ appointment. II con-
flrmed. would create a liability to pay
his salary, which was not being paid
and was therefore not liability during
the interregnum. on this ground the
majority OF the court also decide that,
as only minority Of all the members
elected voted FOR continuation II was
not legal.
One Judge dissents from this but con-
ours In the other part Of the opinion.
It viii be granted that there is room
for debate on the liability question, hut
the decision is sufficient on the one
point TO settle the illegality Of the at
tempted confirmation, The Office Of
Chief OF Police is vacant, The solid
eight" were right and they are vim
dioated
II must be a matter Of regret to the
real friends Of Mr. Sheets that tho
trick was played on which such re-
llancc was made to put him In Of
Zee. The decision does not affect his
personal character. does put the seal
CT condemnation on the trap" II laid
to "catch suckers, confessed to by
cne Of the councilmen.
Tho procedure Of the City Council
nndcr rule II is established as correct,
and the public viii be gratlhed at this
conclusion. The question Of the police
mems pay is at an end. The captain
pf police can sign the payroll as head
Of the department. and the position
lalien on this point by the majority
till be maintained Now let the coun-
I'll get down TO business and quit boys
play. setting snares and promoting pri
yate schemes for political purposes.