The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-04
Writ Directs Judge Whitaker to
Allow Dininny'S Office to
Prosecute.
ALSO TOLD TO SUBMIT
CONTEMPT CASE RECORD
Time for Final Hearing of Or
der Not Set, but Ii Is
i'm Force.

Police Judge j. j. Whitaker must sub
nit record of all the steps In the con-
/ tempt proceedings against City Attor-
I ncy II. j, Dinlnny 10 District Judge
Armstrong for review,
! First Assistant City Attorney =. j.
DAILY. in behalf OF city Attorney Din
| inny Monday applied 10 Judge Arm
strong for, and was granted a writ
/ OF ccrtlorari. Tho time tho writ Is to
be rcturnabo was no, set. but until
| the flna hearing on the application
Judge Whitaker must allow tho city at
iorncy's office to Institute and prosecute
cases in police court.
was made TO the district court after the
supreme court had turned ii down. Chief
Justice Straup and Justice FriCk. n ma
jority, decided after "A lengthy considcru-
ton OF the matter that the supreme
court should not assume Jurisdiction,
evidently on the theory that the ccrtio-
rarl proceedings might overlap and in
tertere with the city attorneys appli-
cation for writ OF prohibition 10 re-
strain Judge Whitaker in tho contempt
proceedings now under adyisenrcnt with
theory that the relief sought in tho ap-
plicaiion To the supreme court for the
ccrtorari writ could hc obtained in the
district court but Justice Mccarthy dis
sented. being of the opinion that the
writ ought to issue from the supreme
court,
Judge Armstrong Grants Writ.
AS Judges Morse and Ritchic of The
district court are out Of the city and
District Judge Lewis was hlling in on
the supreme bench In the place of Jus
tice Frick. who was disqualified to sit
In the particular case the supreme court
was hearing, Mr.. DAILY Immediately took
the application to Judge Armstrong, who
acted favorably on IT,
If Judge Armstrong; final decision is
against the city attorney. the denial
viii not preclude him from appealing
the matter to the supreme tribunal.
While the application for the ccrtiorarI
writ arises out of the same thing as does
entirely different phase Of the case. The |
city attorney. in the certiorari writ. seeks |
to learn Judge. Whitaker's. authority for
excluding him from instituting and prose-
cutting cases in the police court,
In the application for IA writ Of certi- |
orari the city attorney sets out all the
writ of prohibition to restrain Judge
Whitaker from taking further steps in |
the contempt proceedings.
Dininny's Application.
The application sets forth that Judge
Whitaker. holding that the city attorneys
grancy case against Virgil Mcmahon. ap-
pointed j., a. Walton and F.. A. Rogers
TO prosecute cases in the police court,
cited the city attorney in for alleged con-
Tempt. and in the meantime has refused
% allow the city attorneys office TO ap-
pear and prosecute cases in tho police
:ourt, excluding the city attorneys office
rom the city criminal court. and in effect
ieDosinG the city attorney so far as that |
tribunal is concerned. The city attor-
lcy's contention Is that Judge Whitaker
s without authority thus to exclude his
,ffce from the police court. and he wants
he district court TO review the steps in
he proceedings to determine Judge
NhitalSers jurisdiction,
The city attorney in making the ap-
,lication for the certjorari writ also was
ctuated by the desire TO clear up the
nudde existing In the police court
through the exclusion OF his office from
hat tribunal,
Inasmuch as Judge Morse has been
allied away on account of illness, it NAV
e some time before a decision is rem
cred In IN, contempt proceedings, and
everal of the persons found guilty in | ,
he police court have raised the point
nat their convictions are not legal In
as the cases were not instituted
nd prosecuted by the city attorneys Of
&C. but were prosecuted by special
roseoutors whose appointments may not
@ legal |
An early decision in tho Whitaker J
contempt case is not expected !
ity Attorney Dininnys application for n [
rit OF prohibition 10 restrain Police
Judge j. j. Whitaker from going further I
! the contempt proceedings under ad- a
lsement has been called 10 Kansas on f
ccount OF the illness OF his mother and +
araly will be able TO get back before a a
eek. i