Show I SUPREME COURT GOURT ON TWO SHEEN SKEEN CASES Sustains Lower Lowe Tribunal Ruling Ruling Ruling Rul Rul- ing in Paine and Browning Browning Browning Brown Brown- ing Trials I JEDDY MUST rusi PAY COSTS Echo of Ogden Ousting Proceedings Proceedings Proceedings Pro Pro- Heard in Two Opinions ions Two opinions were welo handed do lawn down b by bythe the tho supreme court Frida Friday In cases brou brought ht by J. J D. D Skeen Sheen In Ills his political 1 cal campaign n o against Ogden officials In fit each case the thu decisions In the time loor lowr low low- or et r courts were Robert E g Paine councilman stands guilty guilt of or accepting legal fees ees as us charged in inthe inthe the time complaint but hut Chief of Police Thomas n. n Drowning Browning charged with nc neglect lect of his duty Is not within tho time jurisdiction of the district court upon such accusations Uon The Tile cH city council is vested with the power to o remove any which It has appointed The lile opinions were written b by 13 Justice Justice Jus- Jus tice Ice Jo Joseph ph E. E Frick and concurred in bS' bS Chief Justice Ju W. W M. M McCarthy and Justice ustice D. D X No In Ill the tile lower court Paine was found guilty of oC accepting Illegal a fees as a and amid was removed from his hk official position as OR In tho time cases brought rought against Councilmen Craig and Chamb r Paine demurred to time the complaint In the time lower lover court ant stated that flint two causes of if action were In one cause c. This demurer demur demm rem rei er was overruled and amid tile the defendant admitting that he hc had hall ac accepted accepted nc- nc fees but hut repaid th them m to O Ogden Og Og- den city and resigned lIe Ho was re- re appointed the same da lay day ho lie rC resigned b by the time council and claimed that he hewn's wn's was vas serving stI under tinder reappointment when time the action was brou brought ht n against him Paine Paino was not nol allowed to show how that h he had hind repaid the time fees and anti to show his imis former I good character Court nil Did No Not I KIT Err Upon tin so two t points time the case ease was as appealed to tho Iho supreme court IlI It Il ItIs Itis I Is hel held l by hy the supreme com court t opinion that time the court did not err 11 In jn instruct instruct- ing the time jury jUly to return n n. verdict of or guilty rot for rc receiving ing illegal fees and andIn andIn In giving judgment for COl removal remo from flom Ills His resignation and reappoint reappoint- mont the same samo evening Is held by tho the opinion to lo be a travesty ly on law and Justice The Time opinion states that Paine did not surrender r his office ollice As to the time point that tho ho section under which th the action was brou brought ht was ivas unconstitutional the time court held that It was as asgood good law Jaw and that individuals may blIn bring action for or tho the removal remo of oft oft- cers CelS not to be removed by impeachment impeachment impeach impeach- ment and anil that such actions do not have to he be brought in him the time name of the state The opinion holds that in the case or of Thomas E FJ Browning chief of or po po- lice lii Skeen is the Lime appellant time thO J III l not in n dismiss Ing log tho time action on a no demurrer that thal th time tho court had no jurl jurisdiction In the case The lIme contention of or the respondents respondent's at attorney attorney attorney at- at torney that the city council was In Invested Invested invested In- In vested with the time pow power r to remove an any appointive Incumbent nt from coin was upheld and it was upon this point 1 that the tho demurrer was sustained The Tue char charges es against t Chief Browning were not nut criminal but charges of disregard dis tiis- I regard for foi oi his duties I In the case cae a against Chief Browning Brown Brown- lug IllS the costs were attached to Skeen's SI account |