Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-09-22
D|N|NNY GOES TO
DISTRICT COURTS
Applies for Alternative Writ Of
Prohibition in Contempt
Proceedings.
JURISDICTION is EXCEEDED
So Afiirms the City Attorney In His
900 Application for the Pnoccss of
Higher Court.

Sheriff Joseph G sharp served this
morning a writ OF prohibition. issued
By Judge q. w. Morse. on Judge j. j.
Whitaker Of the city court, restraining
him from proceeding further IN the
contempt proceedings against city
Atty, II, J. Dinnny.
The writ of prohibition was issued
on application Of Mr.. Dininny before
Judge Morse. In the application Mr.
Dininny alleges that on sept 20, 1910,
Judge whitaker directed that a COM
plant be drawn against Virgil Me-
Mahon, charging aim with the Offense
of vagrancy: that IN open court on the
morning OF Sept 20, when the com
plant which had been prepared by
some one other than the city attorney,
or his assistant was read to the de-
PENDANT, Virgil Mcmahon, the city at
torney informed the court that the
complaint had not been drawn by any.
one connected with the city attorney
office, and that no one connected with
that office was familiar with the Of
Tense upon which the complaint was
issued.
city Atty Dininny further says IN
the application that Judge Whitaker
sitting as Judge OF the city court is
without jurisdiction To direct him as
city attorney 10 prosecute any case IN
entertain a proceeding In contempt or
otherwise against him as city attorney
for failure 10 prosecute any such case
or cases, and that In issuing the pre-
tended citation, Judge whitaker "a as
Stunning to go without and In excess oi
his Jurisdiction or the jurisdiction of
his court
In the application, city ATTORNEY
Dininny asked that AN alternative writ
OF prohibition issue out OF Judge
Morse's court directed to and com
handing said city court Of SAT- Lake
City, J. j. Whitaker, Judge, 10 desist
and restrain from further proceeding
In the matter OF citation OF the plain
TN TO show cause why he should not
be punished for contempt OF court
until the further onder NJ Judge
Morse's court and to show cause AZ
a time to be appointed by the district
court why the city court j. D.
Whitaker. Judge. should not be ap-
solutelv restrained from further pro-
oeeding In the matter
DELAYS CONTEMPT PROCEED
INGS
The writ further blocked the attempt
of Judge whitaker to punish city Atty.
II J. Dininny for contempt of the
criminal division of the city court pre-
sided over by Judge Whitaker me
charge OF contempt was then laid over
until Friday pending the action OF the
higher tribunal
Attorney f. A. Walton and his as
sfstant, f. A. Rogers. were both pres,
ent in court this morning and prepared
TO prosecute Mr. Dininny They handled
the other matters on the docket Tor the
city and ex- Asst. city Atty. w. = Dali
ton. so far as the police court Is con
cerned is at least temporarily out OF
a lob. So far, the only man convicted
Of anything In this game OF puss-in-the-
corner In one Virgil Mcmahon, the
young man arrested and charged with
vagrancy. Mcmahon was released IN
afternoons session of the
police court and given hours to leave
town. He was again arrested last
night i'm Plum alley and today was
given a sentence of 30 days.
Mr.. Dalton was again In court today
and presented the following, signed By
his chief, Mr.. Dininny
Judge ]. J. Whitaker-You and per-
sons interested are hereby notified that
the Office OF the city attorney Is open at
all times to receive complaints for ViO-
lation Of the city ordinances and that
the city attorney Is ready and willing,
and hereby offers to prosecute all cases
in said court for violation Of the city
ordinances"
Judge whitaker tossed this commu-
nication aside with n shrug Of the
shoulder and refused to listen to Mr.,
Dalton.