Salt Lake Tribune | 1913-09-14 | Page 24 | Issues Prohibition Against Justice

ISSUES PIHieiTl AGAINST JUSTICE District Judge Directs Harry S. Harper to Desist From Contempt Proceedings. Judge M. L, Ritchie yoaterday iBBiiod a writ of prohibition from tho district court directing Harry S. Harper, justice jus-tice of the ponce, to desist temporarily from further contempt proceedings against B. P. Grant, chief of police, and to appear and. show cause why he should not be permanently enjoined from further procedure in tho case. Tho wTlt waa iBsuod. at the instance of B. F. Grant, acting through the state of Utah, tho application being filed by IT. ,T. Dminny, city attorney, yesterday afternoon. It is returnable September 27 at 10 a. m. Service was made upon Justice Harpor a few minutos after the writ was issued. Tn his application tho chief of police contended that the order of Justice Harper, for ignoring which ho and other members of the police department were arrested for contompt. was Illegal and void and that thoroforo no contempt was possible. Tfc was void, ho alleged, because at tho time tho justice issuod the order directing tho chiof of police to release C. W. Whitman from custody on bond, no charge had been filed arminst the prisoner, and consequently the justice of tho peaco had no authority author-ity m the matter. The arrest of the chief of police grew out of tho dotontion of Whitman on o chargo of having an opium pipo in his possession. Soon after his arrost Harrv J. Robinson, acting as Whitman 's attorney, attor-ney, put up $100 bail and Becurcd an ordor of release from Justico Harper, depositing tho bail with tho latter. Tho chief of police declined to recog-nizo recog-nizo tho order and was arreBtod for contompt. con-tompt. The writ issued by Judge Ritchie yesterday stays further proceedings in tho contompt caso until after the hearing hear-ing to bo held Septomber 27.