The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-08
NTEMPT CI|
IS BEING HEl
Trouble Between Whitakef
Dininny in Process a
Adjudication.
ARGUMENTS ARE MADE
BY WALTON AND 4
Matter Will Be Conclude
Submitted TO the Con
Today.

Argument on the order In sho4
why Police Judge j. J. WbItafr-
not submit all the records In NJ
tempt proceedings against CItv X
II. J, Dininny. FOR review. were ~
TALLY finished in District Jud~I
sirong's court Friday aftcrnoor1
likely that the arguments will 4
cludcd this morning and then tbe
will he submitted. The points
are so technical that the court nj
the order under odvlsemcnt befo
dcrlng a decision,
T., a. Walton. special police
prosecutor representing Judge ~
opened the argument. First "A
city Attorney =. J. DAILY follow
did not get through. He wIIl r
his argument this morning. s.
strong. associate counsel for the
torncy. will follow Mr.. DaIv'
Walton will conclude the areI1uner
ing the closing.
Mr. Walton argued that nothiI
stated In the application for a
Ceriiorari from which the court
could determine anything in fayo
againEt anybody, and intimatcd 4
plication for certiorarj writ n
tho proper proceeding under X
seek relief. Mn Walton also raj
point that under the statutes o1
party bcnclicially Interested cou1|
for a writ of ccrtiorari and ths r
the city attorney. Is the party boI
ly Interested in the case. II JUDI
altcr had oustcd the city attornn
the police court he had done il 40
judicial capacity. but in his indfvid
pacity. and the remedy would no
ccrtiorarl proceedings. he contend
AS to Prohibition.
Mr.. Walton also pleaded the
ton for writ of prohibition
Judge Whitaker. now under adv
In Judge Morse's division. and IL
Mr.. Dininny's prayer docs not
what he wants the contempt proo
reviewed for, but he assumed th
purpose was 10 Inquire into JudE;
aker'S power to oust' tho city at
office from the police court and
special prosecutors instead. In ~
toms opinion. the authority to
special prosecutors Is involved In
hihltion proceedings.
The case out OF which the c<
proceedings arose, Mn Walton
! ono over which the police court
elusive. original jurisdiction, and
the statutes creating this court
sort OF superior tribunal and not
as has been made out. The cIt1
ncy's office neglected o case
court. Mr.. Walton said. and fh
had a right 10 appoint an atto
take care of the case. In the M
the city attorney IS under the
OF contempt and II would. be q
| for him TO appear before the cou
ne was purged Of this. decIa
Contention Of Daily.
Mr.. DAILY devoted some Of his
showing that the contempt cltatio
city attorney Is based upon eI
records. The city attorneys o'
said, had never refused TO pros
case In the police court on 7
rrary, said Mr.. Daily, tho city az
office had declined TO prosecute ~
Mcmahon yagrancy case, In whi
complaint was issued by the cou
II Was in possession OF the fact
which the complaint was base
witnesses i'm sthis case were refe
| the city attorneys office, but the
appeared there. he said.
Mr.. DAILY also devoted some
showing that under the statutes
attorneys office has the eXclusl'
TO institute and prosecute casea
| police court and argued that tnc
| determination 10 decide Wactn'
plants shall issue or not, is ine'
sides being a usurpetion oil tne
OF the city attorneys office.