Salt Lake Herald-Republican | 1907-07-14 | Page 1 | Mayor Schmitz Again Beaten

MAYOR AGAIN DE A N District Court of Appeals Re Refus Refuses fus fuses s to Issue Peremptory I tory Writ of Mandate San Francisco July suffered another defeat this morning when his application to the court of appeals for a Writ ot of mandate was expos d by Attorney C W Cobb representing the prosecution as a sham and a pretense laid upon the foundation foundation tion of misstatements and deception The petition charges that Judge Dunne was biased alleges that he has refused to settle the bill of exceptions and that he is purposely hindering the perfection ot of the in order to in the county jail In his answer to the petition Attorney Attorney ney Cobb denied these accusations narrated the circumstances causing the delay deIa and declared that Judge Dunne has been willing to expedite the settle settlement settlement ment as the statute directs Would Not Issue Writ After Atter hearing this answer Presiding JUdge Cooper CooDer said that as a question ot of fact was involved the court would I not attempt to Issue a peremptory writ until the tho Issue had bad been settled The hearing was thereupon indefinitely con continued the court expressing a belief bellet that JUdge Dunne will do his duty The attorneys for sought to have the hearing postponed to Tues Tuesday Tuesday day but Judge Cooper Coover disposed of It by saying When hen this alternative writ was is Issued sued it was on a verified complaint charging that the judge had refused three times to settle the bill ot of The raises a distinct issue arid and it will be necessary to take testimony before It Is determined The answer further recites that the judge is willing to perform his duty I dont think the time of at this court should be betaken betaken taken up with such a hearing We Ve will allow the matter to stand and It if I th judge does not do his duty We will wUl see that lie he does I