The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-04-20
State and County Officials Said
to Have Acted Without
Authority.
PROPOSITION TO AMEND
IS SERIOUSLY CONSIDERED
Under Present Laws Dynamiters
Can Be Charged Only With
MiSdemcanOr.

oWJHS 10 lNp IdGI tnal the StalD law
only makes such an oficnse as that
which occurred at the Utah hotel re-
Gently 2 misdcmeanor. considerable talk
Is going the rounds, especially among
lawyers. of having the present statute
amended so that such crimes may be
punishable as Il felony by term of
Imprisonment In the state prison. At
present such a crime is defined and
punishable as malicious mischief, the
penalty for which cannot exceed n term
of SIX months in the county lall or 4
fine OF $500, or both.
luasmuch as the oticnsc committed
by the person or persons who dyna-
mitcd the hotel is only a misdemeauor,
there is no question that the action oil
acting Governor Tinocv in offering
reward of $500 for the arrest and con
vjctjon of the guilty persons is IL
legal. The state statntc gives the gov,
cruor authority only To offer reward
for the capture of an escaped prisoner
or for n person charged with the com
mission of 2 felony. There Is also
3 grave question as 10 the legality OF
the action Of the county commissioners
in Offering A reward OF 5000 Tor the
persons who did the dynamiting. Under
thc provisions of the city ordinances,
the mayor only has right to offer
u reward Tor the arrest of persons
charged with violation Of the city
ordinances. and in such cases the re-
ward cannot exceed 5000.
Offers Without Authority.
II is the opinion of several of the
leading attorneys of the city that at
least $1,000 of the reward money now
posted for the capture of the Utah hotel
dvuamiters is without authority of law,
Section 5IO3 OF the Compiled Laws of
Il. - ,1,., L.,
of the governor In regard 10 rewards,
is as follows.
''The governor may offer Il reward
not exceeding $1,000. PAYABLE out Of
tho state treasury, for the apprehen-
sion:
"l.-Of any convict who shall have
escaped from the state prison; or,
'2.-Of any person who shall have
committed or shall be charged with the
commission Of felony
That apparently settles the question
of the reward offered by acting Gov
eruor Tingev. because of the fact that
the act committed BY the dynamiters
is only a misdemeauor.
Boards Powers Limited.
SO far as can be asccrtained by ,he
ATTORNEYS who have looked up the
proposition, there is no authority gwen
tho county commissioners 10 oilcr a
reward in such cases. In the list oil
powcrs given the board and enumerated
III detail in the statutes. there Is no
provision whatever for the offering Of a
reward for the arrest of n person
charged with a crime of any character.
resolution was introduced at the
meeting of the city council Monday
night authorizing the mayor TO offer
reward of $500 for the arrest and con
viction of the dyuamitcrS, but this res
1,... f,r nd 10, for
consideration.
As to tho power of the mayor TO
offer a reward section i0S of the O.
viscd Ordinances of 1905 contains the
following provision:
whenever in his Judgment il is Il
proper case. The mayor may offer
reward. in any sum not exceeding 500,
for the apprehension of the city ordl'
nanccv'
In view Of the fact thas the pcrpc-
traitors of the offcusc al INC Utah ho-
tcl would be charged under the state
statutes with malicious mischief. II Is
evident that the mavor could not le-
caliy offer reward for their arrest
II is. therefore. likely tnat the com
mittcc viii report adversely upon the
reward resolution.
To Amend Law.
Should the Jaw be amended SO as
To make S0tn tElUlt5 d lflDbl- lh'll VIZ
legal obstacle in the way of Offering
rewards would bc removed, IN part, ut
any rate. Judging from the sentiment
since the explosion al the Utah hotel
ii is not unlikely that the matter VIII
he taken up with the neat legislature,
with view to having the law amended.
Two sections Of the state law cover
ing the malicious destruction OF prop
crLv are rs follows:
who llr1ouSlN In
lures or DESTROYS any real or personal
property not his own, is guilty oil
misdemeanOr.
Section 1925, Revised Statutes of
Utah.
..Every oflensc declared to be mis-
demeauor Is punishable by lmprlson-
nept in a county Jail not exceeding SIX
months. or by a enc IN any sum less
than $500. or by both.
HSection 4065, Revised Statutes of
Utah. -
Penalty Is Ridiculous.
In discussing the matter Tuesday n
well-known lawyer pointed 10 the law,
and said:
'1Tbe only thing that could be done
with the man or men who commltted
that crime would be 10 convict him or
them. and then sentence the guilty
person or persons 10 term of SIX
months in the county jail, with the
addition of a 1900 6nc. which they
would have TO serve out at the rate
Of 81 2 day, unless paid. Thus Is the
only punishment that could be meted
out for dynamitiDg OUTRAGE. unless
some ono wcrc killed. and then murder
in the first degree might be charged. :"
Should Be Felony.
Job P. Lyon, county attorney, is OF
the same opinion. He said Tuesday
that the present law should be changed
so that it would cover such cases as
have come up within the past few
months
81 certainly believe that the law
should be changed so that the using of
dynamite should be made felony, and
that the man convicted of such an Of
Tense should have at least long term
in the state prison. said Mr.. Lyon.
District Attorney Fred G. Loofbou
row declared Tuesday, that for the
good of organized labor every union in
the city should urge each Of its mem
bers TO do everything in his power to
- III