Show RULES BULES AGAINST PRATT judge cherry holds his removal was legal POLICE BOARD IS UPHELD strides that the thel power 0 of the fire and ad police commissioners com nal loners Is dis dig cletion try and la is not subject t to review in sh cases no vested rights bights in public office will ol of with th the walter elter murphy filed widow as sola sale beneficiary and it till executrix find orders judge cherry cherer yester yesterday daV rendered a sulton suit of arthur arthu dt decision cislon in the mandamus r pratt against the fire and police B board card in which mr pratt sought bought to have the b hoard card ordered to lestore him to 10 his big former pon position of 0 chief ot of police judge judee cherry holds that chief pratt aratt was legally removed from his big of once ice under the discretionary po dwier u or fire and police board a and nd of 0 the tl ie hence denies the application for or a akrit arlt in passing upon the case judge cherry staid said this Is an action to obtain a peremptory arlt tit of mandate against tho defendants to compel thim them to restore the plaintiff arthur to the position of chief ot of police of halt licke mr utah mail from which position pos atlon lie alleges lie ho was wan wrong ully fully dismissed by mud defendants defendant on or shoat about the ath lh of 0 december ec ember ISM tho the ol al leitel ked wrongful wron irful dismissal in 1 claimed to con coalt tait in tile the tart fact that ihal plaintiff was abbl from said office and that mat no charges were ver ever made in or filed died abat I 1 at no notice was given elven of IL a flooring hearl nl whereby al ae r by plaintiff would hue hae on an opportunity to appear and defend himself I 1 tile defendants answered and jabco do burred to tho the complaint but bul tile the demurrer was not presed pres ed but was by agre reent ment overruled pro forma and tho the matter matler heard upon tile the law and evidence litt bet belore lore the court taj the e evidente evi vaden denee B of the plaintiff in brief haq a to the effect that tile the petitioner arthur platt pi alt won WM appointed on or about ab out december 31 21 alim to the onico office of 01 chief of police by tim commissioners to hold bold ll 11 ald I 1 office during good behavior the 11 evidence i 6 e ties of 0 tho the defendants defendant was as to the iho effect that the present commissioners thought they th F had sufficient nt reasons reas no to re tove nove the plaintiff on the ground that ahn ico d of he ha service would ho be ivell t thereby hereby three members of the board concurring construction OP OF TIM LAW As A this thin court tile the aniie alon the holo issue l wio depends upon flir llon lion to be riven given to t the I 1 to law of 16 upon this subject tho the plaintiff oa appointed to tile the office in n quillon qu uc cllon 1 1011 under and by virtue ot of them the 1 law acl as it then gifted eif ted in IM during him occupancy of said eald office and before his rectum al the law of 1891 ab nb as expressly ep rely repealed and the law of 18 was mas enacted in lieu thereof the appointment or election of a a public I 1 boffl officer cr does not create any coo contract trac between lag iho he government anil and himself that 11 lie hall continue sit an ln incumbent nt of that office for the period named whore where a particular has been created by statute the tha legislative power mav mar abolish tho the without repard regard to tile the tenure or expectations ions of the incumbent or nitty may ell or abridge tits iho term of office or increase the he bur burdens denu or duties of the ot of fill alce without it enhancing the compensation or declare till oance vacant and appoint another person perron to fill 1111 the vacancy cincy in support of the iho above propositions pr 11 ll positions reference to made to of 1 I 1 of american Amet ican aad of law page aa 3 and hie it cases CASC there iri cited in ili the votes notes neither docs doca tills this court consider thata that 0 public office becomes a vested right no person amron can claim n w vested in the permanency of a particular cular of ice or tho the incumbents thereof when public policy or tile iho convenience of justice demands a change or the discontinuance of the iho mine A right in a statutory sense cannot be regarded carded re as vested unless it amounts arn to something more than moro mero expectation of future benc tits or inter esto as rear mav bi be founded tilson nn an antica listed continuance of the existence elisten ce ot of tile the gendral laws ACT OF REPEALED REPE ALED the law of iset M expressly provided that the incumbent of the office of chief of police could not ho be dismissed or removed except for caute cause upon written charges and a hearing before tho the said commie flo loners ners see sections 7 and 20 r rl 37 li of utah ot of MI the law of I 1 iam b upon the same subject expressly the mt act of 14 anil and it i 1 1 the con construction on ot t tho he latter net act that must a at i lat last a determine 0 ter the question raised lier here it is h evident that thai the intended to malte make important changes in tho the matters of removals in certain offices among amone which was as the office ohice of chief of police lection Z M act of M afim 14 in not re enacted inthe in the letl dinv of ISM IM but tho the mode ot of removal Is vidi radically cally chin ired end and by tho the language in section to 10 puse im laws of imar lew ll 11 t would seem that tile law rave gave c ary to tile tho sold board boam of overa to either cither dismiss or suspend for rood good cause or if t the he K bood I 1 of the a service ervice would be sub served thereby this latter phrase li 14 nowhere found in ia the 0 law of 11 or any lon gunco of albl lar far purport t and it would seem that th the I 1 was as to confer upon the said mid board the thai to remove or suspend at pleasure asure or at its discretion and without good cause this construction would seem evident from the disjunctive character or of th the phrase above referred to POWER discretionary it this Is tile correct construction of the law applicable to this case cane then it that the iho Is lor for the reason that the discretionary power ot of the board could not be called in qu ploll or rc lowed in such a proceed ing ine as into plaintiff a counsel in his oral argument nod and in his fits war almost wholly upon unon the 5 case ot of the th people vs ts mcallisier iila ath utah faeo and the iho authorities therein cited cite bago this court Is of th the opinion that the jaee e at al bar lii Is plainly distinguishable from th lter case came the statute under which hi tho the latter cusp was decided gave broad discretionary power sw Is given elven in the lh net act tit of I 1 84 in that case tile statutory natu lory ax an to the power ot of ti alio llio 0 1 fly y council or mayor brayer to remove an official cial from office w cas as in substance as an pro I 1 aided in tho the act ot of 1 1834 viz iz tile require bequir 11 mont lent of writt written rit ell charrot arges notice and a int tho the act of cwi iwi makes tho the of the 0 f the th chief of depend 1 upon ia the tit pleasure Plea aure or discretion of the alio i bard b ard th then n the ted case ca would not si be ln in point fr in th c cit e at bar the 0 other quentio nue atlon n to so ably presented by oy both sidon in the case cao ne ceeil 1 not be h dl als cussed ed here as the ale view w taken by tills court of the question of the right of r t the th plaintiff to have the writ ot or m mandate an wiled issued to beelor 0 him film to his posit i loii oil and 11 whether it was tho the proper rem remedy di in the 1 instance becomes become immaterial I 1 T 1 f follows therefore there loro froni from tile ll 11 low taken it that ot ill jhb writ it should bo be denied and it Is so 0 ocue rd red d at t 0 rat e van cott who appears for ur mr p r t has given elven notice 0 of an appeal to the supreme court WALTER WILL the H aldow adow made sole executrix without bonds the will 0 of the late walter murphy WM filed in the probate division ot of tho the third district court yesterday tho the instrument which is IB quite brief and in w mr Mur fillYs B own handwriting Is as follows t walter 1111 murphy of itah I urphy balt bait lake lak city S mako this 19 my last lat will I 1 mi e and bea ln all tny my pro forty or 01 every ev y now owned or me which m MILY S hereafter bo be acquired acquire dby by to emma S it P murphy MY wife tire and I 1 appoint wi 1 li 10 executrix ot of this wm il t slid I 1 direct that aa she be permitted arve he uch such executrix without div in 19 any as such or lr for any not act ouch executrix et I 1 1 I 1 intentionally tlona lly and expressly ill from 1 t in my said tate under this ihla will our M harold purves murphy and helen hele n hena bena bon boll Al murphy urphy and nd auy any child or children that hat L may bo be born to u us the will bears date dae ot of 4 1894 and la Is witnessed by mary 11 and chart charlies J pence tho ill Is the region petition of emma arn it 11 murphy asking that the inabu m ent be admitted to and that a h 0 be appointed executrix the estate es late Is valued at of which taw ao 40 I 1 Is q represented b by a policy c in tho the new bork york life I fre insurance CL company I 1 tiro the petition for ulf the probate 0 of f the will will be heard on february I 1 judgment against richard pickard I 1 in tho the fr foreclosure proceedings of J IL walker et al vs N W 1 pickard et al EL a decree was entered in favor of the plaintiffs yesterday the amount of the judgment acing OS the ills property involved comprises ralo rods in block 61 plat pat A 1 this thin city and lots jots I 1 slid mid 3 2 block tg so park city i utah midland cases i judge cherry yesterday rendered a I 1 decision dismissing fiig the appeals appeal in the twenty two cases wherein retti th the utah i midland railway company and its stockholders 0 iders were defendants tho the appellants however were only three in number viz mayor james I 1 glendinning james jamea moffat and W H 1 i penrose Pc nrose the actions were wen brought by E D B 13 wilder and twenty one rOt others liera on claims fo for work rork and material furnished i the company and judgments were entered in favor of the plaintiffs tor for the several amounts sued for the aggregate being about bot from these judgments Bless rs glendinning dann and penrose appealed an but owing g to irregularities in perfecting tho the appeals they were all dismissed by judge cherry yesterday mcallister comes up again Agai iL james G mcallister McAll lster ex fro ann iston islon inspector of salt lake city began mandamus proceedings against city auditor george swan yesterday to compel that official to issue him il warrant in the sum of 1080 in support of ills application mcallister represents that he was appointed inspector of pa ovis lons on october IG 1894 for a term of two seara or until his buc successor cessor was ap pointed appointed and qualified and that tic no successor having been appointed he still holds the position I 1 lie he further represents that there Is if due him floso 1080 as salary from february 6 2896 to lo february 6 5 1807 2897 and that the auditor has refused to issue a warrant for tho the arno amount the office which claims to hold was abolished by the city council on february 6 1836 1896 and the duties lidded added to those of sanitary inspector it li 19 in view of this tact fact that sir mcallister Al llster has not been paid an alternate writ of 0 mandate has been issued returnable on february folh personal injury suit biniam winiam has blied flied a 50 damage suit cult against the taylor dounton ore sampling company for injuries sustained on the night of july jul y 21 1 IMS 1996 lair mcmillan complains that while cleaning an all ore spout on the tha night in question he came in contact with a revolving pulley which permanently disabled life ills arm negligence Is alleged on the part of the company in not having the place properly lighted colart notes 1 judge cherry made a setting of 0 civil jury cases co ica yesterday tor for hearing from february to march att ath inclusive the deseret bank filed an action against joseph E wilson et al yesterday to collect 1578 15 on a promissory note A similar action was also instituted against john glenn et al al to collect swa 2000 siegel bros have begun replevin proceedings ce against henry G mcmillan to recover the possession of 0 certain merchandise in the cohn stock valued at mso 1150 judge mies spent the greater portion of 0 hla his time yesterday in hearing on an application for the appointment of a receiver and for a temporary injunction in the caso case of C IN W leilca file et el al vs va the sheep rock mining and company et el al the injunction which ta 13 prayed for Is to prevent the collection of an assessment which was levied upon tile the stock of the company on december cem her 20 D 1896 the hearing had not been concluded at the adjournment hour district court orders D vs frank foreman judgment by consent in favor of plaintiff tor for tsa B S young vs va joseph cainell Co inelL gue tave krueger substituted as attorney tor for plaintiff and action dismissed alex mclean vs western union telegraph company motion tor for change of venue overruled edith C knowlton vs P H M young dismissed W V J debruhl et al vs S H tolles dismissed sarah J rogers administratrix vs rio grande western railway company dismissed salt iyce I city vs W it 11 howard ow ard demurrer iti stained and ten days daya to amend freed furniture and carpet company vs C E M et ct al motion for or inspection spec tion of note bote sustained joseph hates owlen en mills company vs N A miller ot fit al default set aside arid and defendant given three days to answer probate orders I 1 estate of mary hary ann ma haxwell well deceased final account allowed and executor discharged imato of stephen A estes deceased dec cosed sale of 0 personal property confirmed and payment of certain culma claim a approved estate of enoch W reese deceased luard guardians lans first annual account approved avate 0 ol 01 f athan sears bears deceased decea S ed 0 order for family allowance in the bum aum of 75 per month estate of matilda il busby de J 1 K it uslie charles 11 II benzl and R 33 whittemore appointed ap drainers estate of william Nel moyer deceased executor cited to show c ause n athy fly estate should not lot bo be settled nettled JUDGE dusenberry DUSEN BEBRY david rockwell to be prosecuted mrs ars schreiber elber divorced provo utah feb 6 complaint cimpl aint a david rockwell 1 who ho was shot la in the head by william ritter w was today blied flied in the district i court c charging him with fill attempted murder it will ill be remembered that rockwell come came up when a hen a row vm ivaa in progress pulled a pistol on miter bitter all ahot 0 t him through tile chesil cheat and that then ritter shot bot rockwell in the right L hock the doctors never thought rockwell Roc kwoll would liver live as they were n never ove r able to locate the bullets bullet i but h fin has hag recovered to come from rush valley over the bugh roal roada to td get the forfeiture of hla his bonds set aside to in the Just leea court that was done today new bonds were lied filed and the caso case planted on complaint in the district court I 1 rock writ appears healthy though lit lih 11 neck eck id 14 still and ho he says saya pains nt at times enter hla his head had frienda feared tor for some time that his he would either have to go to lo hla big grave or tile the maylum gylum ti doctors are puzzled over tile calp cas william ritter bitter was discharged on the recommendation of oc the prosecuting attorney and john rockwell was acquitted david rockwell lio clwell Is alone in the legal meshes TWO DIVORCES GRANT 1 D georgetta Gior iretta elber was today orrant ed cl a 9 divorce from W |