| Show DININNY VIRTUALLY Y IS DEPOSED City Attorneys Attorney's WorK in Police Police Police Po Po- Po- Po lice Court Is Done by Appointee OFFICIAL HIMSELF CITED FOR CONTEMPT Clash as to Jurisdiction Comes to Climax This Morning I IH IH 1 H H II H 1 I I f As A As s a dispute over the juris jurisdiction juris juris- 1 1 diction between Jud Judge o J. J T. T 1 Whitaker and City Attorney H. H 4 4 J. J Dininny the attorney was 4 cited this mornin morning to appear before be be- 4 1 fore the court and defend himI himsel himself him him- 4 I self sel on a char charge o of contempt of 41 4 1 court E. E A. A Walton Walon a local at at- 4 4 torney torne was named as prosecuting 4 1 in ing attorney in the police court 4 f this mornin morning to take tako the place of 4 4 j W. W S. S Dalton Dalon who as assistant 4 4 to City Attorney Dininny usually usually usual usual- 4 1 ly performs that work Prisoners 4 for lor whom re regular ular complaints 4 I 4 were la lacking this mornin morning are 4 1 bein being tried at a special session session 4 1 4 of the court this afternoon 4 o t to There was wa-s wa a feeling of unrest and expectancy expectancy expectancy ex ex- ex- ex in Judge Whitakers Whitaker's courtroom the criminal division of the city court when the session was called caned at 10 o'clock this morning mornin It I felt as though something something something some some- thing were going to happen and arul anc the tension vas relieved too when the case of oC Salt Sal l Lake ake City vs s Virgil Virgi McMahon I charged with wih vagrancy came up This is the case which when called caned I yesterday morning moring resulted In a tilt tt be be- een Judge Judg-e Whitaker and City Attorney TI 11 J. J Dininny with the result that the later latter refusing refusing- to prosecute the case was held to be b in contempt of court He was sentenced by Judge Whitaker to I serve sere one day in jail jai but tho sentence I was revoked when the city attorney said that he could not prosecute the case until until un un- un- un til t he ho had made further investigation but that he would be ready to continue with it i this morning Dalton Has Statement This morning morning however when the case was called W. W V. V S. S Dalton prosecutor for Attorney Dininny arose and presented a typewritten statement to the tho court cour at the same time reading from a copy of the letter leter which he lie retained This letter leter follows In din the case of Salt Lake City vs S Virgil Virgi McMahon charged with vagrancy vagrancy In which a dispute arose in this t yesterday esterday as to the duty of the city at attorney at- at torney torey to prosecute cases eases not initiated by his office in this court and the power of the court to compel the city attorney to try cases not initiated by him himas himas himas as provided In section 12 chapter 4 of tho revised ordinances of ot Salt Lake City of 1903 the city attorney here and now offers to furnish this court a brief with wih authorities sustaining sustaining the position he takes If i the court cour will wi permit and until untila a decision is rendered by this court or by a court of superior jurisdiction the city attorney will wf try all al cases now on the calendar This statement is made respectfully to this court and to determine determine deter deter- mine the ti-me duty power and authority of the city attorneys attorney's office in the matter at Issue and the duty and power of the court regarding the same Whitaker on Record Too I At the conclusion of the reading of this II statement Judge Whitaker announced that he would take the matter mater under advisement advisement ad- ad ad ad- I and ordered that the next case caso be called With other cases on the docket In regular form disposed of Judge Whitaker Whit Whit- aker who had In the meantime sent downstairs to the office of the police de department department do- do for Herman L L. L Bauer stenographer addressed himself himsel as follows the tho same Bauer being taken down verbatim by Mr In tho the case of oC Salt Sal Lake City vs Virgi Virgil Vir Vir- gil gi lIc McMahon let the minutes duly on record show that the city attorney further fur fur- ther thor refused to prosecute said action that in open court on September acton 20 the city attorney stated that he would cl prosecute prosecute prosecute prose prose- cute said case If i given an opportunity to examine the facts and that tat on said statement statement state state- ment then and there a a. Judgment already entered by the thc court vas was altered with alered wih the understanding that the case would be prosecuted in n due form by the city attorney Dininny on Defensive Let is further appear that that the defendant de de- do- do has languished in jail jai for thirty thirty- six hours for want of his case being properly prosecuted by the cf city attorney The clerk may Issue a citation to the te city attorney to show cause why he should not be prosecuted for contempt of court cour Judge Whitaker after JUdge having delivered himself himsel of this ultimatum announced ered the appointment o of Attorney E. E A. A Walton Walon as special prosecutor to try the cases in which no complaints have been ben issued b by the city attorney and ci announced further that the tho cases would be tried at 3 o'clock this afternoon Court then adjourned and left Prosecutor Dalton Dalon and others wondering wonderIng wonder wonder- ing what would happen next That asal was as all al however for the time being though there may be new developments at this afternoons afternoon's special session of or the court The first frt sixteen names on the court police docket this morning appeared as having rolce had no complaints Issued and these are the cases that will wi be tried tred this after after- aCer aCer- noon The defendants are for the te most part charged with drunkenness and arid Vagrancy vagrancy va Va- a grancy being being the usual cases gathered by the police officers The cases tried this morning were re those continued from yesterday y morin mornings morning's s session |
