The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-05
POLICE USURP ING
JUDICIAL POWER
Judge DiehI Calls Halt on Do
ings of Illegal Kanga-
roo Court.
G0-AS-Y0U-PLEASE AFFAIR
MEN DETAINED WITHOUT BEING
GIVEN A HEARING.
CO. -YOU-PLEASE AFFAIR

Unless there is a change in some of the
methods of the police department, there
may be a clash between the department
and the police court. Evidences OF an APP
preaching storm have been seen for some
time. A short time ago. the name of a
man charged with a petty offease ap-
peared in the police court calendar. but
when the case was called the man did not
respond. His bail could not be declared
forfeited for the simple reason that he
had not given bail
Police Judge Diehl on asking what had
become of the prisoner was informed that
he had been released by the police. At
the time Judge Dieh made no comment
upon the unusual proceeding. A few
days later the name Of a woman Mabel
Gaynor. appeared upon the docket. She
was charged with drunkenness. When the
case was called the woman was not in
the court. 1t was also found that she was
not in the city Jail. Judge Dienl con
lie was informed that the woman had been
released by Chief Pitt The judge still
refrained from commenting upon this APP
parent usurpatiOn of judicial authority.
DiehI Calls a Halt.
But his attitude of patient endurance
ended yesterday morning when Assistant
Attorney DAILY called his attention to the
against whom no complaints had been
made and that men had been detained in
the city Jail for several days at a time
without being given a hearing, which
was in violation of their rights
Men who are not suspected of having
committed felOnies, said Judge Diehl.
should not be detained i'm the city Jail
more than one day. They should be
brought TO court promptly after their ar
rest L shall take this matter up with
Chief of Police Pitt. And | wish, Mr..
DAILY, that you would make a note of the
names of the policemen who are respon-
sible for the holding of these men in Jail.
1t is clearly our duty to protect citizens
in their rights and td<release those men
against whom no complaints have been
made"
Kangaroo Court Held.
The police have at intervals held sort
of Kangaroo court before the opening
of the police court at which Migrants
have been released from custody on their
promise to leave town One of the SER
geants would act as judge and would with
a free hand dispense "flOaters' to those
who were led from the Jail to hear his
sentence. This Kangaroo court" caused
much comment in official circles. 1t was
looked upon asa usurpatiOn of the func-
tons of the police court. It was urged
that if the men ordered out of town by
the police sergeant were guilty of Of
lenses. they should have been taken be-
fore Judge Dienl and that if they were
guiltless of breaking the law, the ser
geant had no authority to compel them
to leave the city.
At ond session Of the kangaroo court
there were siXty-eight men arraigned. Of
these forty-five were ordered to get out
of Salt Lake.
While the intentions of the police were
to rid the city of the idle and dangerous
element. 1t was held that the cases Of
the unfortunate men picked UP in the
streets should properly be handled in the
police court.