The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-17
OGDEN LAWYERS HAVE SCRAP IN CHAMBERS HEARING
Judge Howell Threatens Attorneys With Fine for Contempt
in Case of Repetition of Language Used by Them-Ac
ton of Court Almost CenSure of the Lawyers.

by counsel for the accuser in support Of
the doctrine that ignorance of the law
excuses no man, and undoubtedly that
maxim has received the approval, not
only Of the courts, but Of legal philosO-
pliers, as a general proposition, but it
seems to the court that II Is not neces-
Sary for the court to hold that the
maxim is inapplicable here, because. al
though the court is Of the opinion that
the accuser must prove that the de-
PENDANT did the acts charged with cor
rupt intent still the defendant is not
excused because he was ignorant Of the
law. The evidence sought to be intro
duced simply tends TO negative the cor
rupt intent which might be inferred
from his doing OF the acts charged, and
does not tend to show his Ignorance OF
the law by way Of excuse. 1t seems to
the court that the fact that the defen-
dant did the work for which he charged,
in cOnformance with custom relating
to boards of equalization of special tax
es, while not in itself an excuse is
circumstance which the jury may con-
slider in determining whether or not his
intent was corrupt
THE objection may therefore be over
ruled.
Evidence for Prosecution.
Counsel for the accuser did not seem
at all pertuTbed over the ruling of the
court evidencing that they felt sure of
/ being able to prove a corrupt motive
points brought out by the prosecution
so far is found in two resolutions adopt
/ ed by the city council The first appears
/ in book o. Of the city records, and
/ reads as follows;
Mr.. Craig called attention to the mat
/ ter Of reimbursing cOuncilmen for their
! equalization and review for the years
1904 and 1868 saying that the services
/ thus rendered justly called for additional
| cOmpensa ton. and he moved the 500 be
/ appropriated to each councilman for the
services of this character performed du-
ring the period mentioned. The motion
/ was put and carried, all members voting
/ Ave at roll call excepting Chambers
/ and Davidson, who voted Nay"
! It will be noticed that this resolution
states that the money appropriated was
/ for the years 1904 and 1905. and accord
/ ing TO the records the resolution was
/ adopted at the meeting Of the council
/ held July ., 1905. On Dec. % Of the
/ same year the records show the fol-
Motions and Resolutions. Councilman
/ Moves presented the following: Moved
days work at $500 per day for work
/ on board Of equalization and review On
motion of Mr.. Craig the resolution was
adopted. all members present voting Aye
The first resolution was introduced by
/ Mr.. Craig and the latter one was adopt
/ ed upon his motion.
Skeen Stays Off Stand.
Notwithstanding the statement made at
/ the opening OF the case TO the effect
/ j. Didl0ITf the
/ action, would take the stand ana tell
/ Of certain things, counsel for Mr.. Skeen
refused to call him 10 the stand. COun-
sci for the defense endeavOred to force
him to take the stand in support of the
/ statements made by counsel but their
efforts failed. The plaintiff rested his
/ case without his own testimony.
During the days proceedings Judge
J Howell called attention of counsel to the
/ fact that the twenty days allowed for
the commencement Of securing a jury to
! try the cases pending against Council
/ men William Craig and A. II. MOyes
/ would expire today. An effort was made
TO arrange the matter amicably but the
/ court could not get the counsel together
/ After court adjourned an effort was
| made by Judge Howell to reach the gov
ernor for the purpose Of getting another
| judge to hear one Of the cases, so that
he could continue the present case, take
I'D one of the new ones and have the
additional judge take up the other one
/ The governor could not be reached, so IL
is quite uncertain in what way the court
/ will overcome the difficulty. It is ex-
pected. however. that the court will COM
mence both cases tomorrow and then
! continue them until the present case is
/ concluded Otherwise counsel for plain
tiff will probably be forced to file a new
action.
Henderson, Testifies.
The taking of testimony yesterday was
| mostly In regard to the city's records
I and the method of doing business and
had rested its case the defense called T,
J. Henderson,. who was a member of the
council during 1902 and 1903. He said II
was difficult TO find men to serve IN the
different committees, as they were bust
! ness men and could not spare the time
He said that they deemed their pay was
insufficient to warrant them to neglect
their business, and that the mayor had
informed them that If they went ahead
with the work he would try to make E
small appropriation 10 cover their ser
vices as the work did not come within
their regular duties as COuncilmen. He
stated further than the councilmen had
/ agreed on $50 each, and that the 1nayoi
said he would approve Of that amount
being allowed. Witness testified that the
[ council had often discussed an increase
] in salary. as all had decided that it wa: