The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-11
SKEEN WINS FIRST ROUND
Court Holds That Accused
Councilman Must An
SWer COMPLAINT.

Judge Howell yesterday submitted in
the district court a lengthy opinion of
the demurrer Of the defendant to the
complaint in the matter Of attorney J.
ID. Skeen VS.. r. w. Chambers, a mem
Der of the Ogden city council for the
alleged Illegal misrepresentation of pubic
FUNDS. The court sustained part of the
demurrer and OVerruled another portion.
The effect of the opinion is that the de-
PENDANT must answer the complaint and
the charges set forth in it. Two of the
three allegations were held to have been
lrregularly stated and in these instances
the court sustained the demurrer. This
point, however, IS not material as the
attorneys for the plaintiff have the right
to amend. The main accusation and the
one upon which the case rests, that re-
draw more money than their salary, was
Overruled. In rendering the opinion on
the latter question the court stated.
The consequence is then, that any
service rendered by a city councilman
of Ogden City, as a member of the board
of equalization of special taxes, is a duty
Imposed upon him such councilman
and for which he is entitled TO no com
penSatiOn beyond that fixed by ordinance
SO that even If the defendant had rend-
cred such services, compensation there
for, in addition to his salary, would not
nave been a proper charge against the
city. But il Is alleged in the accusation
herein that the defendant rendered no
such services and therefore it follows
tlidI II the dlltSdllOl OF the accusation
be true, that he did receive cOmpensa-
ton to his salary, whether he performed
such additional services or not, prOVid-
ing he performed no services other than
those pertaining to the duties of cOun-
Gilman, that charging and collecting such
additional compensation would be charg
ing and collecting illegal fees within the
meaning of the statute here in question,
and if such charging and collecting of
such fees was done in such a way as to
make him guilty of doing, within
the technical meaning of that word, then
the accuser would be entitled to the re-
lief prayed for in the accusation. The
demurrer, therefore, as to this charge
may be Overruled.'
Further the court held as follows:
Concerning the entire second ground
for the removal of the defendant from
office the court also deems is proper
to say that it is very doubtful whether
or not. even if properly stated, the Facts
set out in the accusation would cOnsu-
tUte a neglect or refusal to perform the
duties OF the office of councilman. 1t
was cOntended by counsel for the de-
PENDANT that the meaning of the words
neglect or refusal to perform the Off
used in the statute herein can only
mean an omission to do so, and do not
include the performance of official duties
in a negIectful or wrongful manner, and
gestiOn. The court, however. not being
fully advised upon this matter does not
deem it proper to express any definite
opinion as to this question, but simply
holds that the accusation in this regard
is effectively stated and Will reserve
any decision as to whether or not an
alleged wrongful performance of duties
on the part of % 0uDIc OFFICER may con-
Stitute a neElec. or failure to perform
the duties of his office to such time as
the question may become directly in
voIved in this case if at all
A further hearing of the case will be
held Tuesday.