| Show OGDEN COUNCILMEN LOSE Supreme mn Court Down Donn Opinion Thrill In a opinion handed down don yesterday afternoon th Ih the supreme court I ha bAt baa affirmed ti the Judgment of the theFt lower to In lb the ue case of nt J 3 D Sheen Seen against Ft F W Chamber w appellant T blab In I vein the conviction of ot the appellant upon the th ham charm of ot accepting Illegal fee C and anti also alto his hla right to th the olloe of oC city councilman of f Ogden from which I h he h was a 11 ousted after Tho The I wt also alfO mersed rl t t th the judgment of ot the Iha i lower lew r court m In n the ease n of J 3 D Sk en I II against W H II Craig which Involves Involve th Ih the same point as s In the oth I er r rue cas and orders a new he trial of ot the cas aea Craig was AI acquitted I of ot he the Ih charge har e eI I by II a Jury after th Ih the introduction n of ot aim AimI J I liar evidence which hid had resulted in the conviction of ot chambers m I Mr hr Chambers Chamber rt wee a U president of ot th Ih the city council of ot den end and was waR charged I by DX SK Sheen n with it lIb n tf Illegal it ft for bis his s cervices In let addition to 10 the salary I provided by b law Ia lt n lie w was convicted d In I Judge Howell Howells court ellItt and Ind was ousted from t ofa Mr Ir Craig was as as 81 president el ot th the council bunch to succeed ul d Mr 1 Chambers In th the appeal In the ham cham I I hers ber bf flu case the following t points paints vert en raKed raised rl I First that th the h statute 11 ute fixing and Urn I th the salaries g of t did lId not apply In thi Ihl j Instance that the morn tim 3 a Ii by b Chambers wi for eitra and that he his was Will en n titled to 10 rl I It 11 that It If be he an ar of ot fInal In receiving It 11 he was u to III toa toa a criminal which must b M be brought by br tb the district attorney attorn and not by br a I private n Third ThIn that th question nf of p gud ad d faith faithan an essential element In th the ra as that Ihal the accused knowing that his pre had bad ha taken such Dr fees fee had a aright aright I right rt to tl or er did tiki a assume sum that he ha was entitled to take them too TIlt The opinion of the nl supreme mt court which wa wu written Vy big Justice McCarty holds boM against I nt all aU throe three points however hor Lad And the tM of ef the lower oer court urt c Mr Ir Craig raJ was a acquitted by IJ a Jury Jur the tt urn NtH evidence as a In th Ih the Ck case Skeen appealed S that taM eec ue alee aIM and aad the supreme court now re ye res th the Judgment tnt of ef the th lower lowey r covet court and orders order a new II trial It Is II be 1 by some that this mean that CraIg rug win will be bot ts convicted upon a second lOnd trIal Tb Thi opinion In this case cue was cai 11 also written u by b Justice McCarty and 1 concurred in by b the other justices Justice I |
