Show fiotes QUERIES W 11 of cedar city asks 1 Is the law in relation to abandonment of rights to the use of water compiled laws of utah 1888 page see sec 9 according to the decisions of courts and such a law as the courts would be likely to sustain 2 can a criminal complaint be legally amended after it is filed with the justice and the defendant in the case arrested and brought to trial 3 Is a complaint which does not specify the amount of property taken in charging atit petit larceny but which simply a states tes that it the property was of a less value than fifty dollars a legal corn cora plaint 4 can a precinct r officer resign his office an and if so to whom shall he tender his resignation 5 does section 87 pa page e bov 1 I compiled laws of atah utah 1888 in speaking of the removal of officers refer to elective as well as appointive officers 6 has a city council the right to accept or refuse the resignation of an officer who has been elected by the people 7 if anofri an officer of the city offers his resignation to the council and they refuse to accept it is he still in duty bound to continue to act and if he refuses what will be the result 8 was the founder of the new york her ald or its present proprietor ever connected with the church of jesus christ of latter day saints 1 other sections of this law have been judicially declared unconstitutional but in our opinion section 9 is valid 2 if a demurrer to the complaint is sustained on account of some flaw in it a new complaint must be prepared sworn to and filed with within I 1 n such time as the justice may fix not exceeding twenty four hours and the defendant will in the meantime be held if a new complaint be not dot filed within the time fixed by the justice the defendant must be discharged see compiled laws 1888 vol 11 II p section 12 this is the mode of amending a criminal complaint in justices courts 3 the complaint should describe the property a alleged to have been stolen with with sufficient falness and detail to fully apprise the defendant of what he to is accused of having stolen the value actual or estimated should be sl stated in the complaint 4 the law contains no specific effle pro ra vision governing resignations sye OF Os of precinct precinct officers but on general principles we are of opinion that the resignation should be presented to the county court and that if accepted by that body the officer would be relieved from further duty and his bondsmen would be exonerated 5 yes 6 the law is not specific but upon general principles vve e think the city council has the right to accept or detect the resignation of any city officer 7 ordinarily he would be obliged in our opinion to continue to act his bondsmen being responsible for his doing so 8 no but james gordon bennett senior was disposed di sed to accord fair play to the mormons cormons Mor mons and admitted to his columns artic articles lits in their defense |