The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-23
JUDGE !! NFiI1
IS RES7l|||
contempt tel Procssdia,I /
Clty Attorney Rs,,
District Coult]
LACh OF JURISDICy,ol|
CLAIMED By
Matter Set for Hearj,,|
Judge Morse Tbj, NJ
Morning.

Police Judge +
,,,t,,,," strained by an eltensuna ra'
I,,t. hibl'ion issued by Dlota', ss y
rhursday morning. ,run '. q
'her against City A,torr..' ''a :
on contempt proceedln,, p''
this morning and at ,s,,
appear In Judge Mo,,e.,
why tho nlternat,v. ~.
made permanent. '"'
,,.,"as, Judge Whitaker will +, ,,I
himself n,'" and E. a w.ssN
chief special polio.
by Judge Whitaker ,,n,1 %a :
proceedings against Civ y
,hny are disposed Of NJ.
mas been particularly ae,,,.
stockado, will be ropre~,,s
nis first assistant. p
armstrong, a who was =, ~, Wy
a'g T,s counsel Thursday sf,sn @
The city a,torncy, '; .-Is
prohibition writ rcy,s a7zsa
case that of Virgil %,,Hs,
"lth vagrancy, out Of sSi.9 :
proceedings aroso. %S.a %u
,i1s mat on September 20 1',i Jn!a !
directed that a vsersr,V .'.n
issued against McMsbSonu' 9
upon which the complain, ::
not been brought to , rhs ~
city attorney. and ner,s.. .a
OF the complaint brought = y
edge OF the city attoInsr
gwen an opportunity 10 .,,,
the witnesses In tho cas.
In open court. the morl,.
Der 20. when this com.i...
to McMahon. the city ID
inc court that as Ihs c,,...
been drawn by ANYONE ~.
the city attorneys o,ilse
CITY attorneys office ~.
the facts upon which (, ~
application further rerI,.,
no opportunity 10 maj
able him TO prosecute n. i.
attorney declined 10 ,s,ns,.
cution. II is alleged. wiz.
Whitaker adjUdgcd him ~
terlpt, and without apy -
fenced him TO the cIIy ai
Further sroceait.a
When the CITY attor7er !.
as 10 what authority lhe -
ceedinS under. Judge Wblnu,
ton 1858 Of the compile5 Lr
relating 10 what cons,lt-ls
but afterward admitted b,
sets up. that this section pr
Of the matters IN hand. -
attorney reiterated IN; B
prosecute the case. inasEgi
had no opportunity TO etsFz
and acquaint hlmsel! Eith b
upon the ease was conii.z
next day and The witnesses =
TO him, the application an
asked 10 have the epnierr
posed Of. the court renllod %
alton had changed sine 4,
was Imposed. the appIlczil-
None OF the witnesses q q
Deared before MIN. hOws;s' 4
torney's application ssts sli
slstant City Attorney ".
peared in police cOur. the ,s1
after conducting the pross-...
other cases. respectfully 81
NIT a brief with authoHts
the city attorneys poslt0a 4
not required 20 prosecute =
stltuted by him. promsrL
prosecute all cases or III d
III the court rendered a dssz
This was taken under I'D
is set out, and Mr., Dal,ss
three other cases. until y
case was reached. TteE y
dered an entry made 70 SO
city attorney had yeiOs4 y
this case. after promising ~
TO do so, cited City Att91fy
alleged contempt. and
Walton special police co1n
Mr.. Dinlnny sets forh Z
ton that he was moi ~
court al any time sep'G
that the entry that ne reg
cute the Mcmahon ca% ~
Mr. Dininny sets up taai
as judge OF the clty cHG
without jurisdiction 10 dlrsa
attorney. TO prosecute ans
ton OF the city ordinances
tain contempt procesdlnS
for alleged failure to pnx
case, Mr.. DInlnny further
Whitaker, In issri9
citation. went OUTSIDE o. =
and. after asking Eoy an ~
TO hold the matter In a'sNs
issues could be Joined &C.
manent writ OF prohibits
Demurrer InsgY
To the alternative wit y
ger entered q demurrer ~
1uash, on the grounds w.. .la
court Is without lu1Nn.
subject matter Of this W.
reason that The CRY Na \
sjve jurisdiction ovei - ~.
,iolations OF the city ortM
contempt proceeding is MS.
Exclusive Jurisdiction.
notion TO aussh are
Walton. and will %
he other matters 81 "
morning, -,
The city attorney
hat the city criminal oOS' 20, ,r
st OF all petty courts ,n1.s,,;,1 ~ i; B
ustIce courts. and n,.. !. !
power and jurisdiction Va -
.ourt. The decisions O "a "a !,
.us other states 10 ,ns go, -. a
he district or circuit o'i,S ~, !,
espond TO the forlnes -
20 Jurisdiction 10 direct e''=E
ions. will be citeo; Am, Nl5
q have re the judge before ,,rs 8
5 eompIsint 20 pS i't' snail snail. issue ss "
aiise tSe court TO prelu@9ts ~ H3
q e' another argument o. ~
ey's Office. A.. ,a. y 9
i, define Js the powers ans !, n
,e c;ty criminal courts