Salt Lake Telegram | 1935-09-23 | Page 11 | Motorist Charges He Was 'Railroaded to Jail' after Arrest on Speeding Count

M Motorist Charges He Ike Was i Railroaded to Jail After Arrest on Speeding Count 1 Tells Pardon Board H He e Stepped Stepp d on Toes' Toes of State Officer Charges that he had been railroaded railroaded rail to jail because he stepped on the toes of state highway patrolmen patrolmen patrolmen pa pa- after his arrest for speeding were made Monday by F. F H. H Mitchell 35 1319 East Thirteenth South street when he appeared before before before be be- fore the state board of pard pardons ns to seek seele a reprieve e of a a. 60 day jail sentence This is a very serious matter Governor Henry H. H Blood said This man Is a respectable ble citizen and I cant can't understand I how this could happen The governor advised Mitchell to tomake tomake tomake make an application for tor a Saturday when his stay of execution will exp expire re He indicated that the board would take action on it before that time Additional Pardons Board News Newson on OIL Page Pale Eight Mitchell was sentenced Saturday by Judge Judge James W. W McKinney in district court to serve 60 days in inthe inthe inthe the county jail after r his conviction by a jury on a speeding charge He had appealed the case from the justice justice justice jus jus- tice court at Sandy where he was convicted and fined 40 O. O He was arrested June 30 by State Highway Patrolmen John Vissing and Ben Ben in Draper after he allegedly exceeded the speed limit while traveling from the point of the mount mountain in to Draper Mitchell charged that the officers gave ga him a ticket as asa a compromise for tor a fellow who was actually driving driving driving ing at a hazardous rate of speed and got away from them Since that time he said there has been prejudice and railroading by everyone who had anything to todo todo todo do with the case I roused the animosity animosity animosity ani ani- of the officers when I in insisted insisted insisted in- in on my constitutional rights and the they were out to get me Mitchell said he talked to R. R W. W Groo supervisor of the state highway highway highway high high- way patrol following hi his arrest about the conduct of the officers Meanwhile Mitchell prepared to take the case ease to the court for the first test of the traffic code since of Utah laws lawsin lawsin lawsin in 1933 Question as to the leg legality lity of the district courts court's action has been raised by the defendant whose attorney attorney attorney at at- torney cites an omnibus penalty section section section sec sec- tion 74 7 of the traffic code This it is claimed pr provides pen apen a penalty pen penalty alty of or 10 da days rs in jail for forthe forthe forthe the first offense on a speeding charge and or 20 days in jail or both fine and imprisonment upon the second conviction for speeding Ambiguity of the statute was also argued by defense counsel in a motion motion motion mo mo- tion for arrest of judgment Although Although Although Al Al- though the motion was denied by Judge James W. W McKinney defense counsel contended the law Jaw does not limit traffic to 45 miles an hour outside outside outside out out- side cities and towns when width of the hi highway hwa traffic conditions and are such that drivers can proceed at a fast rate The statute has been before but never never appealed I iS 3 F F. H H. n Mitchell I IJ J