The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-18
TEST CASE WILL CO
TO SUPREME COURT
The Injunction Proceedings
Against Newly-Elected Of
ticialS Take New Turn.
DELAY Is NOT DESIRED
Both Sides in Controversy
Anxious to Have Issues
Settled Quickly.
DELAY Is NOT DESIRED

Cpon the asreemen, OF City Recorder
E s. RIves that he would not issue to
the newly-elected mayor, city commits
sioners and city auditor the certificates
Of election until another action can DC
Instituted, the motion of tho city attor-
news office 10 uuash ths petition OF j.
X Mcleod for a writ OF prohibition
prohibiting and restraining the CITY re-
corder from Issuing the certificates was
granted Yesterday morning on consent OF
McLeod's comnseI in Judge - W., w, NJ Th,e
Jurisdiction OF the court In such an &C
ton was questioned and CltI AtlorHes
II. ]. Dininny demurred 10 the pct'lion
on this ground.
A new action will he begun this morn
ing directly in the state supreme court
according to Soren x Christensen Ste NM al
Wv who is at the back of the proceed
ings which are being brought 10 test the
validity and constituttonality OF The law
enacted by the last legislature providing
for the commission form OF municipal
government In cities Of the first aud
second class and under which the re-
cent municipal election in this city was
held.
Question of Jurisdiction.
From the beginning OF the case there
has been some question and uncertainty
to the mode OF procedure in the case
T.cod and Mulrey az to whether or not
the writ OF prohibition would serve IN
meet the desired ends. In dcmurrlng to
tho petition, the question as To whether
or not th, courts have jurisdiction I'm
prohibition proceedings against ministerial
officers, the courts OF California having
held 10 the contrary. such no'dlns'
of course. would be essential in this case,
I'tah's law having been framed after
Californias code.
Tho city attorney denurred to the
ll,oY tl,1
has no jurisdiction OF the subject OF the
action nor The defendant; that tho writ
does not state facts sufficient 20 con-
stiiute a cause of action against the
defendant nor cause OF action for pro-
hibition, and that the facts are not
sufficient TO base warrant the issu-
ton 10 quash the petition WAS. Ike
wise. made OH the same grounds
Will Garry Up Case.
A copy of tho demurrer and notice To
uuash was served upon Attorney Chris
iensen by NCity Attorney Dininny just
which WAS tho time for the hearing of
the writ. a temporary restraining order
having been granted last Tuesday when
tho petition was fled. Concerning the
tho demurrer was admitted by Attorney
Christensen. who stated that upon
agreement between the attorneys for tho
newly elected officers and himself il
had been decided TO institute a new ac
rion il, which the tochnicality OF turis-
dictlou would not be raised and the cage
30 the case being quashcd. as moved
by the ct~ attorney. The proceeding oCs
cupied but several minutes.
Whether or not tho city attorneys
office will take part in the new pro-
cccdines has not been determined. The
city attorney office IL not party TO
the agreement spoken OF by Mr. Chris
,enscn 10 try the case on its issues, II is
understood. and AS IT becomes the duty
~ the city attorney under the law 10
defend all actions against the city and
Dinnny's office wiR become interested.
Further. il j. not known whether or not
the CITY attorney win again cndcavor To
raise the same point when the petition
Is nled in the supreme court.
Quick Settlement Desired.
While il is admitted that there is a
big question at the present time as To the
proper mode Of procedure. IL is conceded
that when the new officers assume their
duties at the first OF The year, If they are
not prohibited from so doing. there arc
numerous ways In which the law may he
brought into court TO ascertain its va
lidity However. IL Is desired by all
concerned 10 settle the question as quick
IS as possible for tie best interests OF tho
city.
Mayor-clec; sam Park and Commission
Mayor-clect Sam c. Park and Commits
sioner-elect Richaud 2. Morris. with the
attorneys. called on city Attorney DiDinuy
Thursday 10 see what action ne VAS pre-
pairing To take in the matter. Mr.. Park
said yesterday that while ne had no OBJ
lection 10 the stand the city attorneys
office has taken, he wished the question
might b" settled on It's merits instead Of
being held ny on some tcchnicalty, II
that were possible. The new officers"
said Mr.. Park. ARE just as desirous OF
settling the matter and ascertaining the
facts OF tho ease as Mr. Mulvey or any
ono else IL. We arc anxious to settle the
matter for The best interests Of Salt
Lake City and hope that the issues
can be brought Into court on their merits
and finally settled
Take Up the Issues.
This ii is hoped to do with tho new
retiiion which is 70 he filed In the SUI
ptenie court today. Instead OF raising
the teChnicalitS as 10 the Jurisdiction the
issues Of the case will be looked into
1t Is hoped The ncW petition VIII re
similar In general 10 The ono 1cd in the
Third district court. Tho city attorney
savs ihnr llo does not desire 20 put any
obstacles in the way. but when the
matter Is adjusted hc desires that thora
he no error and everything settled for
good
The petition WIS applied for by Nc
Ls"d on the grounds that tho ncv law
restricts electors from having free
choice in their vote and that IL prevents
the voting of r secret ballot, as provided
b. the constitution.