Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-10-14
LIVELY TILT IN
COUNCIL CHAMBER
Judge Whitaker's Request for
Change in Ordinance
Starts WrangIe.
DO AWAY WITH JURY TRIALS
$500 -
Committee, After Strenuous Evening,
VIII Probably Amend Section
As Suggested.
DO AWAY With JURY TRIALS.

Police Judge J. J. Whitaker and S.
NJ. Barlow. chief of poice, were given
u severe drubbing at last nights ses-
sion of the city council by p. j. DAILY.
assistant city attorney and several
councilmcn. The two officials came out
Il poor second In one Of the 1lcrcest
word battles that has been waged in
the council chamber for years, and In
which the charge was made by Mr.
Daily that the police judge and the city
police department were under the
domination of Belle London and the
stocknde.
Tho request of Judge, Whitaker and
Chief Barlow before the municipal
laws committee that the city ordinance
directed against women of the UNDER
world be amended by reducing the
maximum penalty to sh0 fine or 80
days in Jail precipitated the clash. At
the present time the maximum for this
class of offense Is $299 fine or 900 days
imprisonment. &
Judge Whitaker said that the plan
would make 1t impossible for women
arrested on charge OF soliciting to
demand a jury trial. and that q COM,
pliance with his request would mean q
saving of $4,000 year to Salt Lake
City
The net of solicitation on the streets
does not constitute an act OF moral
turpitude," was the contention of
Judge Whitaker, while Asst City Atty.
DAILY is of the opinion that the district
courts will hold that soliciting involves
moral turptude.
would the women from the stocliade
be affected by this ordinance?'' asked
Mr.. Fernstrom.
The question was miniature bomb
shell In the ranks of the stockaCle sup
porters. "If they came on the up town
streets, they would" replied Judge
Whitaker. @
THE MEASURE OPPOSED.
well. / am opposed to the ordi-
nance" said Mr.. Fernstrom, "for 1t
seems to me that you want this council
to pass law that will drive all lewd
women into the stockade. under the
black flag Of Belle London
Councilman L. l.. Hall said that he
was opposed to any change that will
prevent prosecution of these women
10 the fullest possible extent. There
is q difference Of opinion on this stock
ado proposition" said he, but l., for
one, am OF the opinion that what Is
wrong on the streets of Salt Lake city
is wrong In the stockade."
Mr. Fernstrom broke in: "You know
1t vas this kind Of cases that caused
trouble between the city police judge
and the city attorneys office.
You never were more mistaken
retortcd Judge Whitaker, FOR Mr..
pininny and ! are close friends. The
only trouble We had was in n case In
which an officer WAS charged with as
salllting n prisoner The man had q
right to strike the prisoner and the
warrant was withdrawn. 4
The statement elected a smile from
some of the knowing ones. They Ind
l,.t,, do,,ttc nhouf thp. Hfrinp1 w. rn1n
tons.
Judge whitaker was abiding to the
cnsc or Pntrolman Pitts. who was
charged with assaulting William
,rhurston Brown, n Socialist speaker.
Then Mr.. DAILY broke Into the argu-
ment. "You can't show me anything
In that book" said he with considerable.
heat showing n copy of the statutes
toward Judge Whitaker. giving an Of
flccr the right to search a person
charged with n misdemeanor." II K
AZ don't want to find IT, said Judge
whitaker. "An officer has such right
under the police regulations. He's got
n right to strike you II he wants to-"
pointing his finger at Mr.. Fernstrom.
THEY CLASH AGAIN,
Mr.. DAILY charged that Judge Whit
nkcr wasnot fair In his prosecution OF
Tic case, In that he Investigated one
side OF the affair only. well. II dis
missed thcGcasc didn't ~ was Judge
|sNNhitakcrs defense H Va !. WI n
.'You do 4 lot Of things that you have
no right to do under the law. and you
have been doing many things that you
have not the right to do since you have
been In the police court, :" said Mr.. DAILY
IT want to ask yo,ii why you come here
to ask that this one particular ordi-
nance be changed. Yougas that the