The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-24
Hearing on Prohibition Writ
Arising Ont of Contempt
Action Started.
CASE LIKELY WILL BE
SUBMITTED ON TUESDAY
Police Court Limited i'm Power
Says Mr.. Daily, and Lacks
Jurisdiction.

| Arguments on tho contempt proceed
| ines instituted by Police Judge j. j.
| Whitaker against City Attorney II. J,
Dininny. for alleged failure to prosecute
tho VnGrancy case OF Virgil Mcmahon,
were begun in District Judge Morse s.
court Friday morning, but only partial
argument on Judge Whitaker's demurrer
TO the alternative writ OF prohibition, is-
sued Thursday, to keep Judge Whitaker
from proceeding further In his citation to
the city attorney To show why he should
not be adjudged guilty of contempt was
made. The case Will he taken up again
at 10 o'clock Monday morning but most
OF OF Tuesday likely will be consumed in
the arguments
That the outcome OF the action is being
awaited in onicialdom with Keen interest
was shown by the number OF city Off
the city official family in the court room
were Police Chief Samuel NJ Barlow,
CITY Recorder Benjamin s, Rives, J, NJ,
Bowman. Judge of the city civil court;
y. > Fowler secretary To the mayor.
ana others. County Sheriff Joseph G.
Sharp also was present, as were several
attorneys. besides those directly connect
Seeks Walton's Authority.
When the hearing opened Assistant City
Attorney T.. j, DAILY moved that T.. A.
Walton, special police court prosecutor,
by affidavit or otherwise, be required TO
SHOW by what authority he is represent
ing The criminal court OF Salt Lake CITY
reading from the statutes providing that
in all legal proceedings the city and It's
officers, including the police court judge
shall be represented by, the city at
torncys office. Mr. Walton, Mr.. DAILY
argued, could represent Judge Whitaker
only by authority conferred upon him by
the city council. Holding that this con
tentlon was a peculiar one Judge Morse
overruled the motion.
In arguing the demurrer Mr. Walton
commended that the district court was
without jurisdiction over the subject
matter at hand, basing this contention
on the argument that by common law
every court has tic inherent right to pro-
tect and preserve itself and punish for
whether application for a writ OF pro
hibition was the proper action in this
case, arguing that the city court has
original. exclusive jurisdiction in its own
court and that ii is not amenabI TO an
prohibition writ.
:, To this Mr.. DAILY replied that the po-
lice court. which is created by statute,
Is is the pettiest OF petty courts, being
lower than justice court, inasmuch as
an the cases over which il has juris-
diction are, civil, Guasi-civil or quasi
criminal. This, court. Mr.. DAILY said. has
OF the violation of city ordinances The
cases that may come before the citv
court. with the exception OF five or six |
olienscs, argued Mr.. DAILY. are those in
voINing moral turpltude.
City Attorney Sole Right.
No ono but the city attorneys office. |
was Mr.. Days contention. has the right |
10 bring and prosecute any action in the |
name OF the city, either civil or criminal |
II Is not the duty OF the city attorney |
N case OF violation of the citys ordI-
hances. TO institute prosecutions unless |
ne Is in possession OF personal inforna- |
Iion as to the olfcnse or other information |
,lat he believes 10 be reliable. said Mr. |
DAILY. When the ci'y attorney issues a |,
complaint the warrant based thereon |
must be issued by the clerk OF the police
;ourl, Mr.. DAILY further set UP.
There is no specific statute on the
BOOKS that gives the police court the
lght to punish for contempt" said MIR
DAILY, This power lies only with courts
of record and the police courr is not such
tribunal. The city court has five
'lasses OF Jurisdiction, the duties in each
lass being set by statute"
On account OF heavy divorce caIen-
lay. |