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Show $200 M COURT M OTM1T CASE Mge Norse Holds Mayor Guilty of Con-tempt Con-tempt and Orders Him Sent to Jail Unless fine is Paid, but Modifies Decision De-cision Pending Appeal. Ezra Thompson, Mavor of Salt Lake City, was declared de-clared guilty of contempt of court this morning by Judge Charles W. Morse of the Third District court and fined $200. The Mavor was found in contempt of court for failure fail-ure to shut off the water of Big Cottonwood creek in compliance com-pliance with an order issued by Judge Morse restraining Salt Lake City from using the water. The Mayor made out a check to pay the fine and was about to present it to . the clerk of the court, when City Attorney Ogden Hiles asked that the time forthe execution of the judgment be extended so that a conference of the city officials could be held and the question of appeal be decided. The court allowed al-lowed the Mayor five days within which to take action, and J&vnr Thomnson was released on his own recognizance. took occasion to criticise the Mayor for bis action. He asserted that the chief executive knew that an injunction had been issued, and that it restrained the citv from receiving water into the conduit. con-duit. The court said that the people looked to the Mayor for the enforcement of the laws, and that he should have upheld up-held the court, instead of attempting to evade its orders, .fudge Morse asserted that the Mayor had committed a serious seri-ous offense, and that he would therefore there-fore find him guilty of contempt of court and order him sent to jail if the fine were not paid. Mayor Thompson immediately wrote out his personal check for the amount, hat on fhe advice of Judge Hiles secured se-cured a stay of proelfc. - - The case will be up for a final hearing hear-ing on Tuesday. As to Engineer Keley. the conrt held that as he was not an executive officer he could not be held responsible, and he was discharged. The case will be appealer, the city officials declare. i&nthece waj called In court this nvJig, there were present Mayor Thompson, his secretary, Sandy Fowler; Fow-ler; City Attorney Hiles, and several Conncilmen and city officials. The Progress company which secured the injunction was represented by Attorneys At-torneys Waldemar Van Cott and William Wil-liam H. King. The latter attorneys contended con-tended that there had been a wilful violation of the order of the court. Ia defending the position the complainant's com-plainant's attorney, read the affidavit of J. P. Cahoon, manRger of the Tro-eress Tro-eress eompany, who charged that the ritv officials -haJ'disotxyed the eourt a command and for two 4a?s the injunction had been issued had con tinned to tale the w.ter out of B.g Cottonwood creek and allow it to run through the new conduit. Cahoon on the 8tand. Mr. Cahoon was then placed on the stand and testified to practically wha. he stated in the affidavit which was Sfed Serdav to for Mavor Thompson and '"y,"1' ner L C. Kelsev. He asserted that alThoue'h an order had been issued, the v lid failed to comply w.t .it .and until vesterdav had eorrtinued to allow the w-ters to flow through ,w conduit Arrangements were made etPr(?a between the eompanv and the city that onS water should be allowed to go down the stream to fill the race jnf he eompanv and the city was to take the remr'ncler. The water was so Pr tZi I lat night and will remain in thatlondition until the final Fettlem,nt CfffidawVs were presented in l.-half Cflhe defense hv Adge Hiles .n which it was stated that the Mayor could not y held responsible for the water net bMs turned out of the conduit. The. IVU as he did not have a copv of injunction writ, he d.d not know Its recrements of the order of court "d was therefore unaVde to complv w"th the same. He further contended that no attempt had been made to violate vio-late the order of court. Mayor Thompson Testifies. He was then placed on the witnc stand to give oral testimony. M-or Thompson declared that on Monday afternoon af-ternoon he received information that an injunction order against the citv had been ismied. b,. as to what tne terms of the injunction were he did not Ma'vor Thompson said that at no time was Hie injunction served on him. n Tueadar morning, he said, a meet ng was held of the c.tv ofT.caK and though the injunction was talked of. , was decided to do nothing in the mat ter until Citv Attorney Hi'es returned ,nd could be present at the meeting. During the hearing no effort was made to bring out the names of tlie persons present, because, it is believed, it was riot thought neeessarv to drag anv more persons into the controversy. Affidavit by Kelsey. Citv Engineer Kelsev filed a sonic what similar affidavit, in which ho et up that he had no power as m Engineer to in anv manner molest the conditions, except b order of the Conn eil He was also placed on the witness irtand to testify as to what he knew re warding the waters of the creek. When the ease came up before Judge Morse yeaterdav afternoon Judge HiJes attempted to show that the injunction granted was uncalled for and that the Hitches in the vicinity were filled to overflowing. , Attorney an ott refused to. allow the case to proceed until the citv officials offi-cials had purged themselves of contempt con-tempt of court. Attorney Hilea moved that the matter go over until this morning, morn-ing, when a better defense could be prepared. Attornej' Van Cott offered that Mr. Cahoon and Engineer A. F. Doremns go together to Big Cottonwood acd adjust the waters to stand in statu nntil the case is finally settled. T wwas agreed upon. The waters were adfBted last evening. - Jn arguing on behalf of the citv, Judge HUes contended that as the Mavor Mav-or had not been served with a writ of injunction, he could not be held responsible., respon-sible., 21otm Bender Decision. Jud ore in deciding, the question - - ... |
