Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-09-21
D|N|NNY CITED
TO SHOW CAUSE
Judge Whitaker Not Through With
City Attorney in Con-
tempt Matter.
FAILED TO PROSECUTE CASE
Agreed. However. to DO So Yesterday,
Which Causes Judge Whitaker
To Take Action.

Judge Whitaker issued citation this
morning ordering city Atty H. j.
Dininny to appear In court tomorrow
and show cause why he should not be
punished for contempt Of court
on his promises Of yesterday. after
he had been sentenced to one day In
the city jail, he had been allowed to go
by Judge Whitaker. II was plain I'm
the courtroom this morning he did not
intend to keep. the promise he had
made TO prosecute the case of Nirgil
McMann and the court then ordered
HIM brought in To show cause why SEN
tence should not be pronounced The
attempt Of Deputy city Prosecutor
Dalton and Mr. Dinlnny to even up
matters with the police--which Is the
basis Of the present trouble-scems h.
have reacted So as to put them in Il,
position OF the man already out I'm the
cold and snow who yelled come out
side and put me out"
Long before the hour for court this
morning IL was evident that the city
attorneys office intended to further
block the work OF Judge Whitaker and
the court In dlsposing Of the cases be-
fore him. Asst. w. S. Dalton had taken
his personal effects and deCamped.
There was no one In charge 20 issue
complaints for those brought In bv the
police last night. Judge Whitaker
called up Dalton. or Dininny. and said
that he thought II would he policy for
him to appear In court today
With his walking stick and the same
taunty manner he wears at all times,
the Socialistic member Of the American
party showed up IN court and prepared
20 hear the cases called that had gone
over.
MMANN CASE CALLED.
When these we're concluded the case
Of Virgil McMann was called. This
SounS man is charged w'h vagrancy
and has now been In Jail without trial
for over 80 hours owing To the action
OF Dininny and Dalton. Many others
are in the same boat.
Dalton offered to the court type
written statement as follows in the
case of salt Lake CITY versus Virgil
McMann I'm which a discussion arose
In court Yesterday as to the duty OF
the city attorney to prosecute cases not
initiated by his office in this court not
the power OF the city attorney to try
cases not initiated by him as provided
for in Section ~ of Chapter 4 of the
revised ordinances of Salt Lake city
of 1903, the city attorney here ana now
offers to this court a brief with au-
thoritcs sustaining the position he
takes, IL the court will permit and
until a decision is rendered by this
court or by court OF superior juris-
diction the city attorney viii try all
cases now on the calendar
Judge whitaker ordered that the
next case be called.
II was that ~ Virgil McMann. Tho
court ordered that a stenogra pher be
secured and he then dictated the fol-
lowing:
Let the minutes show that this case
was duly and regularly called for trial,
and that the city attorney further re-
fused To prosecute at this time. Let II
further appear that In this court on the
goth day OF September that the city
attorney stated he would prosecute
said case II he were given an opportun-
ity to examine the facts. upon which
statement the court set aside a sem
tcnce for contempt on the understand
ink that the case would he tried to-
day Let IT further appear that the
defendant had languished I'm jail for
rs hours for want Of this case being
properly prosecuted by the city at
torney"
Judge whitaker then ordered the
citation be issued against Dininny and
appointed T. A. Walton special
prosecutor for the court. 4 recess
was taken until this afternoon. when