The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-01-06
CITY COURT LAW
is TO BE TESTED
Council Directs Attorney to Be-
gin Proceedings.
PATROL FOR VICTORIA ALLEY
SEVERAL NEW APPoINTEEg ARE
CONFIRMED.

City Attorney George L. Nye was
last evening directed by the council
to bring suit to test the constitution
aiity of the law combining the four
city justice of the peace districts into
| one The action was the direct re-
suit of the following communication.
which was submitted by City Recorder
/ Nystrom:
Justice of the Peace Morris Som
mer and Justice of the Peace Dana
T. Smith. whose terms of Office expired
today, have turned over all dockets,
files and other papers in their posses
sion to me. Justice of the Peace Neil
sen viii lturn his over TO me as ex-
officio clerk. in the morning. Justice
Of the Peace f. H. Clark and Justice
4 of the Peace Gustav Kroeger refuse to
turn over the dockets and files in
/ their possession TO me, as per written
] demand made upon them Saturday last
/ | respectfully request that the matter
/ be referred to the city attorney, and
that he be given authority to act il the
! matter at once
! The position is taken by the justices
/ who refuse to turn their records over
] to Recorder NystrOm that they can
| not be relieved of their offices until
their time of election expires. Inas-
4 much as they have a year yet to
! serve they maintain that the law
| merging the four districts into one at
/ this time is Illegal. And they propose,
| ii is said. to test its constitutionality
| in the courts.
Changes For Victoria Alley.
A resolution was adopted, introduced
/ by Councilman Daveler. instructing
/ Chief of Police Paul to have d police
man patrol Victoria alley ard the i'm
| mediate vicinity from noon until
! o'clock in the morning The same reso-
1 luton provides that the women who in
/ habit the houses in that thOrOughfare
/ must live behind closed blinds or drawn
/ window shades.
While the resolution was being dis
| cussed Councilman Daveler volunteered
| the information that CHIEF Paul would
/ have an electric light put up in the
alley this morning.
BY request, Councilman Thomas in
| troduced a resolution, which was
adopted, instructing the city attorney
/ to draft an ordinance providing for the
refunding of excess assessments for
| city improvements without application
| for the refund being made to the coun-
! Gil. 1t happens often that the actual
! Cost Oh improvements uOGS uOl GQudl
1 the assessment levied, and in order to
/ secure the refund of the balance due
| the abutting property owners they are
| compelled to petition the council for
! it, The proposed ordinance will make
/ ii compulsory upon the part of the
/ citv treasurer to return such over
/ assessment as soon as he is in 20
sition to determine just how much each
! person is entitled to.
Board of Works Trouble Again.
The old quarrel between the council
! and the board of public works over the
( salary of P. o. Perkins and ]. NJ. Whit
taker came up through a communica-
! ton from the board TO the effect that
! the finance committee of that organiza-
I ton had found there is no Compensa-
/ tiOn due Mr.. Whitaker for the last half
of November as clerk, or for the use
/ of horse and buggy while acting as
| inspector After half an hours argu-
ment the whole matter was referred to
the finance committee. Several other
COMMUNICATIONS on the same subject
were also sent TO the finance committee.
The appointment of Fred T. F<egler
as clerk of the board of public works
was confirmed.
Appointments Are Confirmed.
The following appointments were con-
hrmed:
BY Mayor Thompson-Joseph F. Mac
Knight as land and water commission
er. vice I. NJ. Fisher, resigned.
By City Recorder NyStrOm-DdVid
NJ Griffiths of the First ward. as dep
uty dog FAX collector, vice Walter F.
Griffiths, resigned; w. l. Emery of the
Third ward as deputy clerk of civil di-
vision of city court. vice John l. May,
resigned: David NJ. Bernisel of the
First ward. as deputy clerk of criminal
! Of ofXx IT.I I
{ Maeks. resigned.
| City Recorder Nystrom reported. as
ex-officio clerk of the city court, that
/ during the month of December 449
/ cases were disposed of in the city court.
| the fines and forfeitures amounting to
! s., 267.
| The council confirmed Chief Paurs ap-
pointment of Horace Heath as police
man. vice Willard w. Bean, resigned.
Complaint Against Johnson.
/ Henry Began filed an affidavit with
/ the council to the effect that no action
/ has been taken by Russell Schulder,
/ deputy city attorney. on his complaint,
| substantiated by the names of ten wit
nesses. that Bruce Johnson has sold
! liquor in the city without first prOcur-
/ ing a license In an exhibit Began al
/ him a warrant for Johnson's arrest.
/ The affidavit was referred
! A petition was received and referred
i from the merchants doing business at
| the intersection of Main and Second
South streets, protesting against the
presence of standing hacks and express
wagons for a large part of each day
at that corner. as they constitute a
continual annoyance and nuisance
/ The petition says that 'the business
approaches of your petitioners are sell
| dom open TO the street conveniences of
their patrons carriages, for the privi-
/ lege of which, in the business district.
we are paying the highest rents in the
city"
Another largely signed petition was
| received asking for bridge across the
canal at the intersection of Tenth East
and Eighth South streets. whereby the
road may be opened for the passa &c OF
| teams and citizens. which are now COM
PEELED to go three blocks out of their
way.
Councilman Fernstrom introduced an
| ordinance amending the ordinance of
May Y. 1902. which reorganized the po-