The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-11-02
WRIT
IS NOW ASKED
A New Phase Is Assumed by
the Dininny-W Whitaker
Controversy.
CITY ATTORNEY APPLIES
TO THE SUPREME COURT
Asks That He or His Assistant
Be Permitted in the
Police Court.

City Attorney II. J. Dininny Tuesday
dropped the proceedings for a writ of
certlorari TO compel Police Judge j. j.,
Whitaker to submit for review rec
ord to District Judge Armstrong of all
the steps In the contempt proceedings
against him and applied to the supreme
court for a writ of mandate to compel
Judge Whitaker to cease excluding the
city attorneys office from the police
court.
The city attorneys s application to the
supreme court was granted and an al"
ternative writ of mandate was issued
returnable at 10 o'clock the morning
of November 10, Until then, at least,
he must permit the city attorneys s of
fee to institute and prosecute proceed
ings against violations of the city or
dinances in the police court.
The certiorari proceedings, which had
reached the answer stage, were dropped
for the reason that the records were
incomplete, and to complete them would
entail at least five days delay and
the crowded docket might have brought
considerable more delay. Then the city
attorneys office wanted to clear the
muddle existing in the police court ow.
the convictions obtained in cases pre-
sented by the special prosecutors are
legal.
Will Go to the Point.
The mandamus proceedings will go
to this point as effectively as would
the certiorari proceedings without over
tapping IN any way the prohibition pro-
ceedings, now under advisement In Dis
trict Judge Morse's division, to keep
Judge Whitaker from enforcing his con-
tempt proceedings against the, city at
toruey and sending him 10 Jail for one
day, The mandamus proceedings will
determine definitely the police judge s
authority to punish for contempt and
exclude the city attorneys office from
the police court, in the opinion Of the
city attorneys office.
The application for the writ of man
damus recites the Same things as did
the applications for writ of prohibi.
tlon and for writ of certiorari. 1t
sets forth that on September 90 va.
grancy complaint had been issued
against Virgil McMahon by someone
other than a member of the city at
torney's office, and that thereupon a
controversy arose between Judge Whit
aker and the city attorneys office as
to who the complaints should be issued
by. the court holding that it was his
IlSHl w BAdUlluG "llucSSDb DSlOIc COtl-
plants should issue The city attor-
ney, 1T is recited, was adjudged guilty
of contempt, sentenced to Jail for one
day and excluded from the police court,
City Attorney Barred.
The fling by the city attorneys Of
fee of statement in the police court
each day offering to institute and pros
ecute all cases for violations of the
city's ordinances also is recited and
the allegation is made that ca / day
from September 81 to and including Oc-
tober 81 the city attorneys office has
been barred from the police court. Spe-
claly appointed prosecutors, including
F. A. Walton, Z. a. Rogers, Dana T.
Smith. William II, Leary and Benjamin
Johnson, have handled cases for vio~
lations of the city's ordinances, it is
recited.
A demand that w S. Dalton, second
assistant city attorney, delegated to
the police court, not be precluded from
handling city cases In the police court,
was made but was denied, it is set
forth.
The Mcmahon case. out of which the
contempt proceedings, with all their
ramifications, grew has been disposed
of by the defendant pleading guilty and
receiving a "floater," also is set up
by the city attorney in support of his
application for writ of mandate
against Judge Whitaker.