| Show THE KESLER CASE THE censured city justice under advice from boon BOOB powers to ie fighting the city council in the courts by this he h will at least gain delay and delay meat a the emoluments emolument of moo for as long as the delay lasts last this of course Is i quite shrewd in a emall email way and just juat the kind of tactics that might be expected fron the persons who have adopted them but the respect of the public fur for either of them will not be thereby materially increased A petition for an order of prohibition against the city council to prevent their substitution of justice gee in heelers place as an police justice was filed on OB wednesday and a temporary tAmp writ was issued and copies served upon the councilmen following Is s the document As it contains contain all the allegations in the petition we only reproduce the writ territory of utah third judicial district dietrict court the people of the territory of utah send greeting to the city council of salt lake city and to C F loofbourow john L lawson lawon C E J A heim 8 C ewing H F evans E A folland E E rich 0 H hardy C M bell F J moran P F 0 horn A 96 L C karrick and M H beardsley members of the city council of salt lake city whereas fred kesler kealer jr of salt lake city salt it lake ake county and territory of utah lately in our court before the judge thereof came and gave to the court to understand and be informed that he the said fred kesler keeler jr is a citizen resident and voter of said salt lake city that he to is a duly elected and qualified justice of the peace of said city that in accordance with the laws of utah territory the city council for salt lake city on the ath day of april A D 1892 duly appointed him the said fred rosier jr to the office of city justice of the peace for salt lake city and issued to hl him in the said fred rosier keeler jr its commission as an such city justice of the peace that he the said maid fred kesler keeler jr r thereby became and was entitled to hold said office and to enjoy and receive the salary of sold said office for the period ol of two years from and after the date of h bis a appointment ointment Int ment to said office as aforesaid by said city council of salt loire lake city that on the ninth day of august A D b 1892 at a regular meeting of said eaid cit city y council for salt lake city the following resolution was introduced into said council to wit resolved that W W gee justice of the peace for the fifth precinct is in hereby selected police judge until further notice and that the city marshal and chief of of police are hereby requested to bring parties arrested for violation of the city ordinances before haid gee at his office in the city hall for trial Further that the city auditor is hereby instructed not to pay fred kesler keeler jr jua an any malar or mon mony I 1 for acting as am police judge ge after the adoption of this resolution and that the said kesler is hereby instructed to vacate the office hohas he has occupied in the city hall J A HEISS 0 F loofbourow C E S C EWING A L that the persons signing said resolution are members of said city council that the effect of the adoption of said reso resolution antion will be to remove him the said fred kesler keeler jr from his said office that it will prevent him from receiving as he be rightfully should the salary appertaining thereto and prevent him from enjoying the honors and performing the duties of said office that said city council has never formulated or presented any charges against hirthe said fred kesler keeler jr that it has never served or caused to be served ou on him any notice or citation to appear before said city council and answer a any n charges that said city council has refused refused and does refuse to allow him to appear in his own defense that it refuses to allow him to appear by counsel that it claims the right to remove him the said fred kesler jr from his said office without any charges against him made and without any cause shown or served and without any hearing had bad whatsoever that at oaid maid meeting of said eaid city council had and held on the ath day of august 1892 he the said fred kesler keeler jr appeared appear appeared Wd b by his bis counsel 0 W powers and protested against said city council taking any action in the matter referred to notwithstanding which said protest said city chunil proceeded to consider said matter and is proceeding and will unless prohibited by this court proceed to adopt said resolution as an he the said fred kesler kealer Jr verily believes and oust him from his said office and prevent p him from enjoying its salar salary and performing its duties that the proceedings ce edings of said city council in the premises are without and in excess of the jurisdiction of said add city council that the said fred kesler keeler jr has no other specific legal remedy and ana cannot have adequate e legal relief without the aid of the writ of prohibition nevertheless you the city council of salt lake city and you the said 0 F loofbourow jno L lawson gewant CE J A deism S C ewing H F evan E X A folland E E rich 0 0 H hardy 0 M bell V P J moran koran F 0 horn A L Sl L 0 karrick and M H beardsley members member of the city council of salt lake city well knowing the premi esyet contriving the said fredi fred kesler jr unjustly to aggrieve and oppress have proceeded and are proceeding to adopt said resolution without cause shown and without hearing had and thus to oust him from his said office in contempt of this court and against the laws and customs of our said territory and to the manifest damage and grievance of him said fred keeler healer jr wherefore We wherefore the said keeler kealer jr hath prayed relief and the writ of prohibition v n we therefore ther elore do prohibit and firmly enjoin 3 ou on and each of you that you do absolutely sol desist and refrain from any further proceedings 1 n 0 ins in the premises un until til the further order r ler of this court and that you ou show cause ou the second day of september september A D 1892 at 10 am in of said day why you should not be absolutely b sol restrained from any further proceedings ce in the premises witness the hon F J anderson judge and seal of the dis seal brict court of we the third judicial district in and for the territory of utah this day of august AD 1892 HENRY HENKY Q G Mo MiLtAN clerk per 0 D LOOMIS deputy clerk TERRITORY OF UTAH t county of salt lake J J es sa I 1 henry G llau clerk of the third fudi olal district court of utah territory do hereby certify that the foregoing is a full true and correct copy of the original alternative writ of prohibition ordered by the court in the action therein entitled filed in my office witness my hand and the seal seal of said court at salt lake city this day of august AD 1892 HENRY G MCMILLAN clerk per geo D LOOMIS deputy clerk by this movement keeler secures his hia place and pay for a few weeks longer powers legal maneu vre postpone eviction still further but the event to la inevitable and cannot be put off very long if the council takes the proper course and is in ably re represented presente before the court the position from which the council desires to remove kesler kealer is simply a place to which he be has been designated it to is not the office of justice of f the peace to which he was elected last february but bat a post to which he we ars assigned by resolution of the council in april the power of the council to remove him can scarcely begues be questioned the laws of 1888 section 1765 1755 par 87 provide that the city council shall have power gito to appoint police and watchmen and to define their powers and duties and to remove all officers of the city for misconduct and to provide for filling such vacancies as may occur in any elective office and to 10 create any office that may be deemed necessary lor for the good government of the city to regulate and proscribe prescribe the powers duties and compensation of all ciers of the city not herein provided for 4 this evidently includes the power to remove elective as well as appointive 0 officers and to fill the vacancies occasioned by such eboh removal so 80 that the council may remove kesler keeler altogether and if the resolution of censure passed upon him is just he ought to be turned out forthwith but the removal contemplated in the resolution which cannot now be carried into effect before a judicial bearing to is had simply relates to the place to which li he was designated by the council and from which that body can eject him when necessary neoe esary he was not idesia descg bated 1 1 for two years nor dorany for any definite term the only question of any real importance in this connection is in what to is the legal mode of removal of a city officer the course taken in keeler hosiery Ho Is case was this thie the mayor after hearing bearing the evidence against the officers whom he be removed stated hie bip lack of power to deul with others re whom he thought were implicated one of whom was city justice kesler keeler his case was re berred to the committee on police an investigation was had at which keeler was permitted to am api ear and make his own defence the committee reported that there was wai no excuse for his conduct 11 on the occasion which they had investigated and that it was against the dignity of his position poil tion and open to censure the council adopted the report anil and a resolution displacing him from the post to which he be was assigned but not removing him from the ithe office to which he was elected was arese prese presented buted and held over for a week the attorney tor for kesler keeler evidently bases his bis case on a provision in Sec tilon nipe nine of the charter of 1860 which provides that no officer shall be removed except for cause nor unless furnished with the charges and shall have an opportunity of being heard in his defence 21 etc and that a vote of two thirds of the council shall be necessary but these provisions relate to every person elected or appointed to any office under the provisions of this act 9 kesler was not elected or appointed under the provisions of that act all its provisions in relation to justices of the pence peace for the city were repealed as long ago as 1872 since then now new laws have been pawed passed in relation to those officers and andas 1 as we have shown the laws of 1888 I 1 give IV L power to the city council to remove all officers of the city for misconduct 11 the mode of procedure is not given and the court will probably decide whether the council has taken legal action in the matter the truth is the course of kesler keeler in holding oa to hill bis place is 18 what is in vulgarly called a game ol of bluff does he be want his conduct openly ventilated and agid his record ex exposed posea hardly but bafit he thinks he can scare off iff the members of the council who detected him on the night of june 17 1892 by implications against them it will be seen whether they have backbone enough to do their duty and defy his insinuations if they back down now they will be viewed by the public with suspicion lelon and no matter how undeserved it pay may bea be shrinking will turn to their injury kesler keeler was not a fit person for the office to which he was elected the council made a great blunder in appointing him police justice there ft ought light not to be another case came taken before him As aa soon as possible he should be removed from office entirely his reputation and record demand this the council is expected to do its duty |
