Show r rH c H j f. f DEMOCRATS PRESENT GRAND JURY DEMANDS I Sheldon n R. R Brewster I left Cf and Mrs l Esther Timmins I City to o Seek Court our r Rule e. e On MUl Murdoch Elevation Harris Directed by Commission to File I Action Before State Tribunal City Attorney Fisher Harris was directed by the city commission commission commis commis- sion Thursday to file an action before the state supreme court to determine whether Commissioner William Murdoch legally may resign and immediately be appointed mayor to succeed E. E B. B Erwin who resigned Monday Continued delay in appointment at least for several days was foreseen foreseen fore fore- seen as a result Commissioner Murdoch had been slated to resign and immediately be appointed mayor by his colleagues who then would name a new commissioner commissioner com com- missioner to fill the vacancy caused by the Murdoch resignation Three avenues to court action are open and one is as good as another another an an- other Mr Harris said He had hadnot hadnot hadnot not decide which course to take We have a declaratory judgments judgments judgements judg judge ments act permitting action in the state supreme court or district courts in any matters that have not reached the stage of liquidation but which for purpose of policy should be decided he explained I Other means he said would be beto beto to seek a writ of mandamus to force a city official or officials to take certain action which the official II t or officials refuse to do or conversely conversely conversely con con- to seek a writ of prohibition prohibition tion against an action proposed to tobe tobe tobe be taken by an official or officials The commission motion directing Mr Harris to take court action was sponsored by Commissioner George D. D Keyser The law specifically forbids appointment appointment appointment ap ap- ap- ap of a commission member to a commission office the term of which is longer than that in the office he he vacates Commissioner Murdoch's term is exactly the same as s that of former Mayor Erwin the two having been elected at the same time in November November No No- vember 1935 However doubts arose as to the legality of elevating a commissioner commis commis- commissioner to the post of mayor since the latter office pays a year Continued on Page Seven Column Four t JACKER SEEKS j TO JOB Continued C-COntinued from Page One Sik t if It t the situation and facts just Jus- Jus J such uch action t tr r Brewster also said that labor labores labore e es es' IBS of the city had invited one the leagues league's representatives to tot tot t with with- them Thursday night to 1 t eider sider action on labors labor's part in matter atter However labor leaders T 1 h ed knowledge of such an rn j commissioner William Murdoch t lined to comment on the grand demands lands but Commissioner B. B Matheson said that al- al ugh he thought Mr Harris has 4 the results desired by I h 1 commission at the beginning of probe I have no objection to It orney General Chez or anyone 1 asking for a grand jury r Have Right q P. P H. H Goggin said II understood any any Individual or has a right to make a ae e tI nest st st. to the district court for tor a and 3 ln nd l jury The city commission no greater right in that respect a Hanson and Hanson Blithe lIthe demand for reinstatement v Mr Tr Thacker was the first step Er heir h lr action cUon in the deposed oms offis om- om s behalf t I iVe We e contend that he Mr Thack- Thack b should have had a hearing by ti chief of police before his dis- dis rge If lh the demand for rein- rein ement Is refused we will peti- peti the Ithe civil service commission Ithe R i a 1 hearing civil service hearing which It lid ild be public might result in inose inse int t ose se of the inside story of the payoff alliance between the tee ce department and the under- under ti Id ht demand for reinstatement essed to Acting Chief of Police B SI Record the acting mayor and rd d of commissioners read 11 There was served on me on Febry Feb- Feb ry 18 1938 by O. O B. B Record act- act chief of police of Salt Lake City to the effect that I had hadn m n removed from the office of tamn of police and discharged In m in the police de- de of Salt Lake City Served Since 1923 1925 I have served in the department a ce ce October 26 1925 I belong to classified civil service list and andl ande l ire e earned my promotions by dili- dili L I t t and competent service and by examinations By rea- rea of my length of service and arid to my duties as an off iI i- i jl I have obtained a standing of hence in the department and wired rights which under the jl service il regulations cannot be been been been en en from me without cause No 1 faring iring has been accorded me I Ive I've Iye Ie ye ve e had no opportunity to defend defends s self lf and no specific charge has ri n n made against me The notice dismissal served upon me coned conned conned con- con ned ed the following For violation of civil service e XII par 2 sections 3 and also par 3 sections 6 7 d 11 namely for tor failure to ariJs art art ar- ar t any person suspected or with the commission of Pie me e or any person known to be of having committed a crime and neglect of duty W hen en or where I failed tailed to per- per zany any duty is not set forth In at at ae respect or in what manner have been incompetent is not n. n No person is named that I Ive ve failed to arrest These charges such they may be called are so etue irue rue indefinite and of such genI gen- gen I character that no issue could joined thereon I believe that harges are to be made against me mey il y should be made specific and tain aln in order that I may know JuratI I am to meet il herewith demand reinstatement an an officer and to my position as asIt It tan Rain ln in the department at once the lh-e acting chief of police or the commissioners of Salt Lake Lakey y yX desire an investigation of any 1 on or conduct on my part I Ithan 1 Imore more th than n welcome the C letter was signed by Frank A. A flicker f icker ker with Willard Hanson and wart wart art M. M Hanson as attorneys he ministerial association reso- reso foh n was signed by Adjutant John of the Salvation Army president Oren Ora- Ora kh df secretary and the Rev Theoe Theo- Theo I e G G. Lilley chairman of the Tl c committee |