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Show Fire Prevention Week October 6th to 12th Fire Prevention Week October 6th to 12th City to Complete OFFICERS SET FREE AT TRIAL IN cm COURT Is Verdict in City Court Case of Phillips and Finn; County Attorney Scores State Witnesses Rasmussen, Mohlman and Kaplan; Frame Up Evidence Is Introduced Not Guilty . Detectives ' George Phillips and George Finn were pronounced "not guilty in their trial before Judge Simon Barlow in the city court Tuesverday morning. But the dict waa the tamest part of the proCounty Attorney Samuel ceedings. Blackham furnished the fireworks when he gave vent to a damning indictment of Deputy Sheriffs A. H. Mohlman and Clair Rasmussen. Black-hasaid: "I investigated this case before filing a complaint Both Deputy Sheriffs Mohlmann and Rasmussen told me that the defendants were drunk on the night in question, and I relied on their word. If it had not been for their statements I probably never would have issued the complaint. "While I am county attorney there shall never be a complaint issued from my office bearing the signatures of either Deputy Mohlman or Deputy Rasmussen, mid never will I call on them as state witnesses. I hate to rely on the word of men as the premise for a complaint and then have them testify in quite, another vein before the court. Blackham also had a few words to say about Robert Kaplan, another state witness. KapUm declined on the witness stand to give the opinion that the two officers were drunk: He (Kaplan) told me unqualifiedly before the complaint was filed that Sergeant Phillips and Detective Finn were drunk, County Attorney Blackham not-guil- ty m . asserted. Deputy Mohlman arose with permisof the court after County Attorney Blackham had finished "I believe that I only told the county attorney, when questioned, he related "that I thought the two officers were drunk. I wasnt under oath then. But when' I listened to the testimony of other state witnesses before me, and the intimation given on that, the whole case was a fruneup, I wasnt going to be positive. I couldnt be positive about it; I had not made a thorough enough investigation. Deputy Rasmussen, speaking after his asserted that he had given County Attorney Blackham the opinion that the two officers had had s few drinks. Their conversation, he said, was brief and informal. "I made no examination of either Sergeant Phillips or Detective Finn the night in question and couldnt say definitely whether they were drunk. During' Blackhams questioning of the deputies, who were relied upon by Blackham for state testimony, the deputies exhibited a reluctance to testify as to whether or not Phillips and Finn were drank. The. county attorney began by placing Mrs. H. II. Merrifield on the tend. She testified that she saw Finn come out of a house directly across the street from her home and that he tried to force a' woman into ear standing in front of the house. She further testified that he staggered badly. David L. Stine, attorney tha accused officers, gained the admission from Mrs. Merrifield that her husband had had trouble with the accused officers. The automobile, which was used by the officers, Mrs. Merrifield said, she had seen there many times before. The slates next witness was II. H. Merrifield. He testified that the officers had staggered badly when entering the house. He also stated that alter Officers Burk and Theobold went mto the house that he saw through the open door the accused officers ly-jon beds and Burk shaking Philto ips awaken him. He also testified that Phillips and Finn staggered when ted out of the house to the waiting automobile. Attorney Stine, in his examination of Merrifield, gained the admission from the witness that Finn and Phillips had arrested him, and that Finn, in company with federal officers, had found a gallon of alcohol n the basement of Merrifields secondhand store. You begged off from prosecution, did you not? questioned Stine, "with. the promise that you ould locate two stills for the officers you were not prosecuted. No, I did not, answered Merrifield. Stine's questioning of Merrifield laid the .foundation for the establishment of the defenses claim that the officers re framed. T. F. Preshaw, the man who swore te the complaint, was the states next Witness. He corroborated Merrifields testimony as to the actions of Phillips nd Finn in respect to their physical condition. He further testified that laptain Burk said as he (Burk) was asking Phillips, You have made fool Preshaw enough of yourself as it Is. aid that the officers staggered as teey came out of the house. Attorney Stine in his questioning of the witness asked: Do you and Meirifield belong to the same organisation? Yes, retorted Preshaw, "the same organization that Merri-iel- d and Phillips and Finn belong to, hich brought a laugh from' the crowded courtroom. Preshaw said he a member of the Welfare league. sion cross-examinati- on er, - - . . ng 2 Weber County Facing Athletic Field Special Legislature With One Senator A request has been made to the Ogden city commissioners from E. J. Fjeldsted, secretary of the Ogden chamber of commerce and J. F. Gimlin of the athletic division of the cham- ber, for an appropriation of $300 to finish improvements on the athletic field at Lorin Farr park. The field has been sodded and other improvements made to make it a first-clas- s athletic ground. Mr. Fjeldsted stated that $800 had been provided by the schools and that $300 had been contributed by citizens; there still remains $300 needed to ftieet the rest of the obligations. Two big football games have been scheduled for Og-dthe B. Y. U.-C. contest on October 18 and the Weber game October 28. The commissioners approved of the improvements and requested the city auditor to draw a warrant for the amount asked for, and turn over to the chamber of commerce. Ogdon Men Receive Resignation of Senator Hollingsworth Leaves Weber County But One Senator in Special Session of Legislature; Matter of Tax legislation of Great Importance to County; L Provides For Filling Vacancy; Incumbent Governor; Condition Met in Utah Countv 1927 m A. college-McKinl- ey Weber Team Takes First at State Fair Weber livestock judging team from Weber county high school was sent Weber county is facing the problem of a special session of the legislature with but one senator unless Governor Dorn calls a special election to fill the vacancy created by the resignation of Senator Charles R. Hollingsworth. It is a foregone conclusion that a special session will be called to consider the recommendations of the tax commission and the legislative advisory committee. It would indeed be a calamity to have legislation of such transcendent importance to Ogden and Weber county considered with only half the representation provided by law. It will be suggested to Governor Dern thnt if he intends to call a special session of the legislature that he call a special election for state senator at the same time the municipal election is held in Ogden, with the, idea of dividing the cost. It is estimated that by following this plan $4,000 will be saved to the taxpayers of Weber county and Ogden City.. to the state fair at Salt Lake to compete with other high school teams of the state; Weber won first place. The boys in the team are Clyde McFarland (Captain), Allen Taylor and Ambrose McFarland. Two hundred other high school boys were entered in the contest. The winners will receive a free trip to Kansas City, where they will compete with similar teams from other states at the American Royal livestock show in November. Besides the The laws of Utah provide that the trip the boys were awarded two silver loving cups which will be placed in governor most issue an election proclamation calling a special election the school. when there is a vacancy in the legislature. The law is contained in lections 2103 and 2104, Laws of Utah, Ogden Oil 1917, and are quoted herewith: Investors Visit La Barge Field 2103. (783) Election proclama- tion by governor. At least sixty days before a general election, and not less than ten days before a special election to fill a vacancy in the office of representative in congress or a member of the legislature, the governor must issue an election proclamation, under hia hand and the great seal of the state, and transmit copies thereof o Twelve business men from Ogden made the trip to Le Barge oil fields in Wyoming last Saturday, returning to Ogden Sunday evening. The trip was made in The Ogden, the large auto coach belonging to F. F. Gunn. Oil company is The owned by prominent business men of Ogden and Salt Lake. The work on the wells is well under way; the drills are being pushed through Hilyard shale at a depth of over 4700 feet. Geologists estimate that this shale might be anything from 20 to 500 feet more in depth, but that when it had been passed, oil bearing' sands (The following description of the would be reached. The possibility of Echo reservoir, which is being consinking the well to a full mile depth structed on the Weber river between aa an experiment to test the condi- the towns of Echo and Coalville, will tions in file La Barge field was ex- be of more than passing Interest to pressed by officers, and stockholders the people of Ogden and the farmers Considerable oil is of Davis and Weber counties. The of the company. now flowing from the well, but the article is from the Summit County officers expect much greater produc- Bee, published at Coalville.) tion. Work on construction of the Echo There are 150 producing wells on dam and reservoir near Coalville has include the Cappet, the field. These been progressing steadily for the last and Rainbow holdings, together with 20 months and has now reached a others owned by Washington, Califorvisitors to the site can where nia, Wyoming and Utah interests. A stagesome of the gicomprehension get number of the wells are producing at enthis of development scope gantic La shallow depth, but the Ogden Barge terprise. company driving the first deep well This reservoir, with a capacity of in file district. The party included F. F. Gunn, W. E. Zuppan, Heber Young, 74,000 acre feet of water, willandflood inW. H. Reeder, Jr., Charles Thorsten-se- an area of about 1900 acres, located were area John S. Lewis, Frank M. Driggs, cluded within which the Union John Q. Chritchlow, of Salt Lake; W. the Park City branch of Lincoln the highand railroad Pacific Adam PatterH. Adams, Salt Lake; between these two towns. In E. way and Adam Jr., Patterson, son, Sr.; order to construct the reservoir it was C. Olsen. necessary that these roadways be removed from the reservoir area and that the land to be covered by the impounded water be purchased from the Ogden-LaBar- ge Thanks From C. of C. A resolution of thanks was tendered to I. . Muleahy, chairman of the general committee in charge of the recent convention of the western division of the chamber of commerce, nnd to William 11. Wattis, director ot the United States chaintwr of o Monday afternoon by the directors of the Ogdon chamlier of o fur the work accomplished by them in the arrangements prior to the convention and the able manner in which the convention was handled, letters of commendation have been received front William liutterworth, president of the United States chamber; Paul Flagstone, manager of the the ba&rd of county commissions of the counties in winch such elections ntv to be held. Such proclamation must contain a statement of the time of election an I the offices to be filled. 210. (7S4) Id. Vacancy for legislator or congressman. When a vacancy or a failure to elect by reason of a tie vote or for any reason whatever occurs in the office of represent-ati- e in congress or member of the legislature, the governor must at once issue a prnchiuation calling an election to fill such vacancy; provided, i hat if there be no session of the legislature or of congress, as the case may he, between the hnppcnirg of sueh vacancy and the next general election or more occurring forty-fiv- e sueh vacancy shall be filled at the general election. Although the law is mandatory, it was not complied with in the case of the death of Senntor Dixon of Utuh county just p.tvious to the session of the 1927 legislature, and Utah county waa represented during that session by only one senator when entitled to two. The law was ignored when Utah county signified the willingness to lose representation rather than stand the expense of a special election. It seems that Governor Dcrn was agree able to this procedure, although the law requiring him to iasue the proc tarnation calling an election waa inan day-thereaft- er, datory. What Governor Dern will do in the matter of the vacancy in the Weber county legislative delegation is not known. There are lawyers who hold that the vacancy must be filled to safeguard attacks on the legislation of the special session. Gig antic Size of Echo Dam and Reservoir - n, Legion to Install Officers Monday Herman Baker post No. 9, The American Legion, will have their newly elected officers installed at their regular meeting Monday night at 8 oclock. Department Commander C. D. Pope will take charge of the installation exercises, Commander Harrop announced today. National Executive Committeeman R. L. Olson and Ted Littlefield, national execuwill give an tive committeeman-elec- t national the account of interesting All three convention at Louisville. officers have just returned from the convention. Special surprise entertainment has been arranged and lunch will be served after the meeting. Report of the Armistice day committee with J. L. Holther chairman, will be heard. The following post officers will be installed: Commander, V. J. Harrop; A. K. Cross and George Tru stern; adjutant, Frank Haynes; finance officer, S. HamH. Clolscis; mond; .sergeant-at-arm- s, Harold Ambler, executive committee, Leonard Davidson, Ronald Wadsworth and Eugene Jones. as to the events of the evening when the officers were apprehended, but said that although the officers staggered, he would not say they were drank. Sheriff O. H. Mohlman, un Deputy of County Attorto testify that refused Blackham, ney were drank. the accused policemen likeDeputy Sheriff Clair Rasmussen and Finn that wise refused to testify drunk. were Phillips tesGeorge Phillips was the first to he said He that defense. the tify for and Finn took his car as soon as they were off duty at S oclock in the afternoon and that they went to Shorty Booths and he made them a present of six bottles of "mountain brew, a tonic btvcrrpc commonly rold at drug C IV f 1 r:i owners. Work was started in November, 1927, and at the present time the railroad and highway work has been completed, and work on the dam is pro grossing rapidly. The design of dam selected for the site available was the earth and rock lf fill type, ths location being about mile south of the town of Echo, on the Weber river, just bove the point where Echo canyon creek empties into the Weber. This dam when completed will have a height of 125 feet above the stream bed and will be 151 feet above bedrock, a crest at length of 1,887 feet, a crest width the top of 28 feet, and a bottom thickness of 850 feet. To build this structure it is estimated that there will be required 1,350,000 cubic yards of earth fill material, 240,000 cubic yards of rock fill, 50,000 cubic yards of riprap for protection on the upper stream face of the dam, and 8,900 cubie yards of concrete in the various concrete structures connected with the dam itself. In addition there will be required approximately 400,000 pounds of reinforcing steel for nse in the concrete and about 877,000 pounds of metal work in the various gates, operating mechanisms, etc. For the purpose of regulating the water for irrigation an outlet tunnel 838 feet in length was driven through the rock on the westtheside of first the site. This tunnel for horseshoe a as constructed is 432 feet and shaped bore 14 feet in diameter is distance the of for the remainder in section, measuring 12 by 18 feet. After the excavation work on the tunnel was completed it was thickness of conlined with a crete. Through this tunnel is passed the entire flow of the Weber nyer during the construction period, thea flow being unobstructed except for concrete trash rack structure at the inlet to keep lojre and floating debris from entering the tunnel and damag- one-ha- semi-circul- ar 12-in- ch thr For the purpose of delivering water for irrigation there will be placed in riveted the tunnel two lines of steel pipe which will in turn carry the water to two enormous needle valve outlets, each five feet in diam eter, through which the amount of water to be discharged can be regu lated to any desired amount up to the maximum capacity of 2000 cubic feet per second. These pipes will reach from the lower end of the tunnel up to the point where the tunnel changes from the horseshoe to the type, at which point will be constructed a gate chamber which wil contain the hydraulically operatec slide gates controlling the discharge into the tunnel outlet pipe. These gates may be reached from the lower end of the tunnel by a walkway between the outlet pipes and also from a remote control house to be constructed on the top of the dam so that in care of an emergency there will be means of dosing them. These gates work independently of the needle valve outlets and provide an additional way of closing off water en'irely whenever desired. The maximum recorded flow for the Wcfccr river since records have been kept amounted to 5150 soconc feet In order to provide for taking care of a recurrence of a greater flood flow the design of the Echo dam includes an overflow type o: spillway with a capacity of 15,000 see ond feet This spillway, which acts a safety valve for the operation of the reservoir, is constructed with the top elevation 10 feet below the top of the dam proper, so that when water discharges into the spillway the water surface in the reservoir would still lack 10 feet of reaching the top of the embankment material. Water when discharging from this elevation empties into a concrete lined spillway channel about 5C0 feet in length, which carries the flow into the old stream bed of the river. A flood of such magnitude has never been recorded in the history of the river for which records are available. Here, however, the factor of safety again enters and should a cloudburst occur when the reservoir was full, or nearly so, the tunnel outlets could be opened and water discharged through them at the rate of 2000 eubic feet per second or nearly half the recorded maximum flow of the river, this being in addition to the 15,000 second feet discharge over the spillway. The construction work under way presents, however, much more human interest The contractor engaged in this work was first required to construct for housing his employees suitable buildings and a visit to the dam-sit- e now shows a miniature city, well lighted, with comfortable living quarters and modern conveniences where in the neighborhood of 175 men are engaged in the daylight hours in order that the construction work may At this camp proceed unhindered. mesa hall a modern and kitchen are maintained, at which a majority of the men employed secure their ma!s. To feed this crew 'jm t'V t, r.,,rvi. r- - ? room 72-in- ch semi-circul- ar nl-we- ys well-equipp- ed i . POLICE AGAIN FACE CHARGES AS TO CONDUCT 'at her Accuses George Phillips Ai(h Causing Girl's Trouble; Girl Drunk and Doped, He com-in?r- cum-rurv- western division; Gus Haffenhrock, manager of the Longview, Washington, chamber of commerce; J. 1. King, national counselor of the United States chamber of commerce for Idaho and director of the Idaho chamber of commerce; Arthur S. Bent, mem-he- r of the executive committee of th United Statea chamber and immedi? ate past president of the I .os Angeles chamber; Charles It. Stafford, secretary of the Casper, Wyoming, chamber, who also expressed the congratulations of the governor of Wyoming, Frank C. Emerson. Aters; IH;ukham Acquaints Commission With Court Trial; Investigation Is to be Made Tin rase wherein Detective George nn,i George Phillips were acquitted of the charge uf drunkenne U apparently not yet closet!, if Wednesday's evei.ts promised at a meeting of the city commlsaion er-ton- ul ' semi-prl-va- le mature. County Attorney Samuel Blackham appeared before the commission and recited the event of the trial on Tue. day, the preceding day, and further stated that he hnd been informed by a friend that an unnamed member of the police department had stated that the whole trial was a "whitewash proceeding. Wheelwright Obtains Storm Sewer Contract Charles G. Frrase, Southern Pa- cific engineer, charged George Phillip with "ruining" the life of his The Imnrd of city commissioners daughter, end he also accused Detective Finn with keeping company yesterday afternoon awarded the con- with his wife, who is suing for a ditract for the Thirty-thir- d street storm sewer to the Wheelwright Construc- vorce. He stated to the commission tion company for $12,0r.8.75. Other that he did not think that such men bids were Union Construction com- should he allowed to hold positions as pany, $12,497.75; Mullins & Wheeler, officers. Frease declared to Phillips, who was $12,152.25. The city engineers estimate was $11,857.00. resent, "Vou dumped her out at my This storm sewer will lie laid from ous? one night drunk and doped. She the east side of Washington avenue, told me you were the cause of it all. across Washington, and thence down Phillips, in his rage at being thus Thirty-thir- d street to Wall avenue. secured, threatened to have Frease run The improvement will relieve a serious out ot the railway service for being condition that has existed for some drunk. year. The overflow storm water I have never had that girl out from both sides of Washington drunk in my life, ho declared hotly. will be drained into the new sewer "The charges are unjust and the whole and the flood conditions from the area thing i a dirty infamous lie. abounding Thirty-thir- d street will be "I can get affidavits that you were relieved drunk on the street, he yelled at Frease, and that you offered Patrolman Richardson a drink. Ill rvlo G you today for being drunk. "Bring your daughter here and aak her, he demanded. "Youve got her bribed, Frease reYesterday afternoon the city com mission signed n contract with tho E' plied. "You're a liar, said Phillips. Monte Springs company for leading "I'll take you out hero and lick you the land required for holes 1 and 9 a in five minutes, he said. the new municipal golf course at the "I'm a pretty old man, said Frease. mouth of Ogden canyon. The lease "Youre a Ku Klux Klanner, Phil-lip- s provides that the city may contrac continued. You belong in a class for the use of the land for five years, with the city having the right to con- with Merrifield and Preshaw ave-mi- Q Contract Signed for Land at Golf Course tract for additional periods of five years each, a total period of not to exceed twenty years. At the same meeting the commls sion .awarded the contract for the building of the fairways of holes and 9. The contract was awarded to A, V. Smith for the sum of $1900, the mutter having been held in abeyance tor some time pending the signing of tho lease for the land owned by the El Monte Springs company. F. F. Gunn Presents Books to Students Sunday school students church ' were awarded books and bibles, presented to them by F. F. Gunn for perfect attendance at Sunday school for tho past six months. The condition attached to the awarding of honors was perfect attendance at Sunday school vnless absent under a physicians care. If out of the city they could maintain their record by attending a Sunday school where they were staying. The books were morocco bound, and the names of the winners printed in gold letters. The four departments of the Sunday school, under the leadership of Superintendents B. M. Matteson, Mrs. John Ilillabrant, Mrs. Clarence Pleasing and Mrs. Phillip Dix, assembled in the large school room, and the presentation of books was made individually by Mr. Gunn. Thirty-si- x at the Presbyterian . assistant cooks, and numerous other kitchen help. Inspection of the work under way brings home the advancement made in construction methods in the lest few years. The Echo dam is being constructed by means of mechanical equipment and about the only use for horses and common labor is seen to be the minor details of the work. mountains Burrowing into the age-ol- d of earth and rock will be found dirt moving machinery of various types. One large electric shovel is engaged in tearing down the side of the mountain for the earth fill material, while in two other places will be found steam shovels engaged in a similar work. Gasoline plays its part in this work, as does crude oil, and shovels operated by these two fuels are also engaged on various parts of the dam, digging rock, gravel, and similar ma tcrials. Hauling this material from these shovels are observed three various types of machines: First, a fleet of tracks, which are used on the work requiring speed and fast operation. These are used wherever the need arises; next, a combination of truck and tractor In a Linn truck, a hauling unit having caterpillar traction treads on the rear and track wheels in front. This machine has a capacity of seven cubic yards at one loading, and, while not as fast as a truck, is adaptable for working where wet, slippery roads may he encountered. Lastly, the latest ffYrtimid on page 8J "No, interrupted Frease, I'm not a class with those men but even if 1 was I'd be above you, and I don't belong to the Klan. Chief of Police Anderson expressed every confidence in hia officers and said that Frease's charges should be investigated. Mayor Frank Francis sympathised with Frease, and said that as Frease was an engineer on the Southern Pacific ho must certainly be a man of substance and of reliable character and his charges should be investigated. Then he turned to the officer! and sv mpathised with them and praised thiem for their past record as detec- lives and said tnat in justice to them the charge should be investigated. The outcome of the meeting wa a decision that Frease should make hia chargee in writing and that Parley Norseth, attorney for Frease, City Attorney Pratt and County Attorney Samuel Blackham, the city commission, and the civil service commission should hold a joint meeting and agree on a decision. Detective Finn was visibly moved at the charges made by Frease. Tears came to the accused officers eyes as he made his denials to the commissioner. Freaae stated that he may have been misinformed in regard to Finn, and he mado it plain that he had not accused him of familiarity with his wife, but of only being in her In com-pan- y. Ogden to Celebrate On Armistice Day Armistice day will be celebrated in Ogden in fitting style. Louie J. Holther, chairman of the Armistice day committee of the Herman Baker post No. 9. American Legion, itates that a meeting waa held Monday evening at the chateau to perfect plans for the celebration. A committee was appointed and includes J. A. Harrop, Commander-elec- t A. E. Wilfong, R. M. Sutton, George E. Grimes, Lawrence Clayton and R. L. Olsen, besides the usual parade of war veterans, followed by the Legion ritual. Plana are being made to have a football game in the afternoon at Lorin Farr park. Improvement of Ogden Avenue Is Deferred to the fact that Mrs. Catherine Ritchie ia making a claim for damage to her property on Twenty-sixt- h street at the mouth of Ogden avenue, the aetion of the city commiasion on the calling for bids for the new Improvement wss held in abeyance. Mrs! Ritchies property will be cut in two the long way of the lot, aha contends, leaving a parcel of land ao small that it will not be salable. It was announced at the meeting that the other property owners on that avenue would get together with Mrs. Ritchie, if possible, looking toward an ami- Due M. , It l |