The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-23
NEW PROCEDURE IN
COMMISSION CASE
Case Will Now Go to Su-
prene Court on Applica-
ton for MandanuS.
LAWYERS ARE AGREED
Believe New Method Will
Hasten Final Deternlina-
ton of Question.
LAWYERS ARE AGREED

Agreeing upon a transDosiuon OF the
proceed I'm order that the case might
be brought before the supreme court In
legal manner, The attorneys in the ac-
ton OF ]. X Mcleod against city Re-
corder &. S Riycs, for n writ OF prohibi-
tlon to restrain him from issuing the
certificates OF election to the newly
elected city officers. Wednesday morning
decided upon an entirely new method OF
procedure 10 test the constitutionaiity OF
the commission law, under which the
recent city election was held.
Under the new arrangement. the city
recorder has agreed not to Issue the GER
| court, and counsel for Mayor-el Sam
ucl G. Park Will begin mandamus pro-
ceedinss to compel Recorder Rlves TO
issue the certificates This will get the
ner. and while it entirely reverses the
! city recorders former stand in the mat
ter, for the purpose OF brinsing the ducs-
| ton to q test and cffccting a quick set
| tlement. If possible, Mr., Rivcs has prom
! ised not TO Issue the certificates.
Park to Ask for Writ.
At A special session or the city council
tonight. a resolution will be introduced
ordering the city recorder TO issue the
certificates to the ofhcers-elect. If, this
resolution is adopte0-an5 ii Is believed
| that it Will be as the members Of the
council arc eager to have The matter
recorder will then refuse to Issue tho
| certificates unless compelled TO bv the
! court, whereupou Mayor elect Samuel &.
| Park will petition the supreme court for
! a writ of nlandamus TO compel the re-
| corder 10 obey the orders OF the city
council.
Under the agreement between tie at
| torneys. Soren Y. Christensen, who was
| the attorney for Mcleod In tue pro-
| cee6ings for writ of prohibition against
| Rlves, will now become the attorney for
| the recorder, He viii be deputized 70
assist the city attorneys office IN the
| proceedings for this purpose. and r, NJ
Allison, Jr., and William RAY, attorneys
| for Mayorelect Park, will represent the
other side.
The now procedure was agreed UPON
Wednesday morning after Soren y,
| Christensen and the other attorneys had
| met with the justices OF the supreme
court In connection With the petition for
| the writ OF prohibition, The legality Of
| the proceedings under the writ of prohi-
| bitiop was in question: and the attorneys
! decided upon the new plan The papers
| submitted 70 the court Tuesday for the
| writ of prohibition will not now be flied
| IN the supreme court.
| Proceedings were dismissed in ths dis
| trict court. owing 20 the fact that the
| petition was demurred TO on the ground
| that the court had no jurisdiction in aC-
| tion against ministerial officer 10 pro
| hibit him from performing a ministerial
act owing 10 the holding of the Cali
| forula courts to this effect 1t was
agreed between the attorneys TO take
! the matter into the supreme court If that
| tribunal would entertain II, and valve
| heard on It's merits. Under the new
procedure. however. this will entirel. he
| cleared up and the proceedings cannot
| be questioned, il is said,