The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-02
TO ABOLISH GRAFT.


The battle which the people of Ogden
are making FOR civic uplifting Is be-
Ing watched with great interest In this
State. IT Is the cause OF right, and II
awakens sympathy and attaches the
support OF taxpayers and loyal citizens
generally, Utah has been in need OF
such movement for some time. Boun-
~ frauds padded payrolls. illegal ap-
propriations. petty graft upon the
State, the counties and the cities have
been characteristics Of local govern
ment-and with growing magnitude
since Statehood
An Of the officials and citizens con
nected with the Investigations and re-
forms al ogden are at the same time
made the objects OF vlrulent attack
by the friends Of graft Notably the
accuser and the prosecutor and the
Jurors, in the case against the Presi-
dent OF the Council for accepting NE
gal fees, have been maligned and
abused as II they had been the crimi-
nails instead OF being the arm of JUS
tiCe
1t Is TO be hoped that the District
Court viii protect It's own dignity and
the rights OF the taxpayers. In this
connection II is not unfair TO express
surprise at the rulings OF the learned
Judge who occupies the bench at Cg-
den. Not content with having over
ruled the Supreme Court of the Slate.
he has failed TO carry out the spirit
Of the law which provides that the
court must enter judgment upon the
delivery of verdict against the ac-
cused In such a case. When the jury
found verdict against the accused
official, the court fixed day for So
called sentence or judgment; and when
that day arrived the court postponed
the rendering OF the judgment or the
imposition Of the sentence. Nothing in
the text OF the law justihes this action
ing becomes suspicious in view of the
common rumor current in ogden that
4 way has been found by the accused
officials to escape the consequences OF
their actions, and in this particular
case. to escape the consequences OF the
jury's verdict.
When that verdict was rendered by
the jury against the President OF the
ogden City Council, judgment was all
ready decreed by the law, The court
had no discretion i'm the matter. The |
District Judge could neither suspend
nor mitigate 'sentence'-in fact sen
tence" is the wrong word to use in
connection with it and Is an unneces- |
sary indlgnity upon Mr.. Chambers. The !
attitude of the court carries the init |
nation 10 the public that this was a
criminal proceeding, that the defendant |
had been found guilty and that he |
was to be called before the bar OF the |
ment as a criminal; while, in fact. this |
was a civil proceeding against the |
President of the Council, and has moth |
ing whatever TO do with the provisions |
OF the statute relating to criminal pros
ecution. The fate OF Mr., Chambers is |
unfortunate enough without having /
the court lend to 1t the air OF criminal |
llllSu-5IltdHpI u IGhphS. on INC OlICT
hand, the rights OF the public are so |
strictly cnjoined by the statute that the |
court had no excuse for permitting the |
suspiclor that some way was being |
concocted To prevent the fuhlment of |
the laws explicit judgment.
The following is the text Of the sec
ton under which the proceedings were
brought and the verdict was rendered,
and IT is especially called to the at
tention of the learned gentleman who
occupies the bench in that judicial dis
trict:
$3.50. ACCUSATION BY PRIVATE
PARTY. NOTICE. TRIAL. JUDO
MENT. When nn accusation in writing |
verified by the oath OF any person, shall |
be presented to a District court. alleging
that any officer within the jurisdiction of
the court shall have been uilty of chnrg- |
Ing and collecting Illegal fees for services
In his office. or shall have re-
fused or neglected to perform the official !
duties pertaining TO his office. the court
must cite the party charged to appear be
fore the court at n time not more than |
ten nor less than five days from the time |
tho accusation was presented; and on that
day, some subsequent day not more |
than twenty days from that on which |
the accusation was presented, must pro-
ceed To imoancl a jury and hear the nc
cusation and evidence offered by the par
~ accused; and IL, on such hearing. IL |
shall appear by the verdict of the jury, |
that the charge is sustained, the court
must enter Judgment that the party
accused be deprived of his office, and for
such costs as arc allowed In civil cases.