Show COUNTY commissioners MK CHARGES the following account of the hearing before attorney general barncs barnes on the application of the county commissioners of carbon county for the removal from office of county attorney C 0 mawhinney Mo blo is taken from sundays salt lake tribune affidavits were filed yesterday at salt lake city with attorney gen oral barnea barnes charging county attorney 10 C 0 of carbon county with in office and requesting the attorney general to file criminal charges against agal nat tho the official with a view to securing hia his removal tho the charara were tiled filed with tho attorney general at the in instance stanco of the tho bounty i commissioners of carbon county who wore were in salt lake lako saturday to press the tho ch chalgos argos the charges indirectly involve Sh sheriff oriff i A homos F kelter against whom ita it vas was eald said saturday similar action will be taken charges against the county attorney are aro that ho he failed tailed to prosecute cute casca when ordered to do so by the county rs end pud that by the laxity of his administration criminals have been permitted to toa cripe pro an informal hearing on the char era Vs V s was held liell in salt lake yesterday la in the presence of Gover governor william spry and attorney general A R darico present at the bear hear ajr were county commissioners J i sharp and william hamilton cf of abon county 0 C nelson of price and allen 11 T sanford of salt lake attorn attorneys cys for the county commissioners ners county attorney C C of carbon county and ho attorney mark P braffet of salt ewt lake the affidavits filed tied with the attorney general yesterday mako make ape cilc charges against one charge is aa that Con constable stame james of bunns eldo allowed an italian charged with attacking aj a 3 year old child to escape and tata that t fused refused re to tile file charges westfield according to a the affidavit was called before the county commissioners and ordered to file charges against the constable with a alow to ie curing hia bla removal from office INTe it Is charged flatly refueled to in a prosecution of the constable 0 another charge Is that the county attorney refused to tile file charges max fowler and ana harry crain who were alleged to have operated a sampling gambling house at sonny sunny side one of the affidavits alleges that thu county commissioners commission exa investigated vesti gated the charges against these two trio men nien and decided thit both were guilty of gambling nevertheless elew the affidavit continues he the county attorney refused to prosecute the two men even after af ter having been ordered to do so by the era these affidavits tiled filed with tho the attorney general are signed by george N hill of william sanderson justice of the peace at sun ity li yelde side and d county commissioners joseph R sharp and henryn randolph of price all of cl the allegations contained in the affidavits are specifically and tl 1 1 denied by county attorney and by mr braf brat tat ot his attorney they declare the tho charges result from a in the tho political views cf ct the cometa dhaem and the tho county attorney awo ot the tho are pro gres and the third la Ls a demo crat the county attorney and the tho sheriff are republicans the charges were als only informally formally la at tho the meeting yesterday at ita its con conclusion cllon mr briffet Bri fiet announced that mr tey wished alah od tima to filo affidavits contradict ing those tiled filed and ten days time timo waa was granted 1 in I 1 alch to fit counter affidavit itta nahdo tive to the char charas r ailed mr county 1 i ii wassal waSS SL COMMiEs commissioner ioner hamilton of 0 helper said mid yesterday there has ben friction between tho county commissioners on one ono side and the county attorney tho the and some of the justices of the peace particularly the justice at price since the first of tho year wo hav havn biad a great creat deal of trouble getting luo count attorney i to pros prosecute muto violators of tho the liquor and gambling law tho county attorney in several instances haa has flatly refused d to charges of infractions Infract lona of these and other laws at tho advice of alien allen T sanford and 0 C nelson whom we nave navo employed as special tors vo c have hao laid the charges against the county attorney before tho governor and the tho attorney general wilh a afew low to securing the removal oi ca tho the county attorney from office I 1 0 C nelson special prosecutor proW for or be the carbon county commissioners ald said this ahls Is not in any sense a purity crusade or a reform movement we wish only to secure uio tho prosecution of flagrant offenders cri crimea me ate being committed with growing frequent lu in carbon county and so long QS cis the county attorney refuses to prosecute the offenders we are without adequate protection under section of tho the complied laws of utah we have the right to lay evidence before the attorney torney funeral tending to show that the county attorney Is 1 guilty ct malfeasance in office it we mako make out a prima fade facie case it it au the duty cf of tite itt torney general to prosecute the alleged offender we believe mat in the affidavits we auvy filed we huc shown sufficient tc fe make out a prima fade case Sli mild the attorney general take a view of the case we can almit to force a prosecution through a writ of mandate mandato or we may institute proceedings in the district court against the county attorney when nar braffet was of the statements cf et mr nelson and mr hamilton last night he said speaking for mr Alc there is serious doubt in my mind AS to the sufficiency of the affidavits fid fi fil d against mr however we e wil will contradict thena affidavits vitan coucher affidi 1 vita which we will mill file coon alth with tho attorney general the charges aro just an attempt of tho bull moose county commissioners ners to harrass two god officials into resigning they compelled the tho resignation of the county clerk and the county treasurer and now thay they wish to get tho the sheriff and county attorney out of the way in order that they may have the whole county government but these two men aro are not going to resign nothing has been shown or wi will bo be shown by the county commissioners sio ners except ther their own incompetency mr Bic is the most competent and most popular county attorney we have ever had in eastern eastorn utah hia his record is without a blem blemish teh tho law gives him discretion in the institution of prosecutions and he Is right in refusing to institute prosecutions in cases where the evidence does not warrant a pro prosecution or where motive for the is merely personal malice in the case of tho constable whom the commissioners wished to prosecute the county attorney did not feel that the evidence in the case caso wae was such ae at 0 merit a conviction or warrant a prosecution aa As to the gambling cases tho the comm commissioners ts have admitted that thoro there Is li o 0 a grott deal of poter poker playing in carbot county but they wish to eol sel P ct only a certain low few for prosecution and to permit nil all tho the reel rost to continue continuo to gamble in ono one caso case the tho county attorney r refused to in a prosecution cution because ho found that tho the principal witness woe was a deputy appointed by tho commissioners ners who wae was a participant in tho the game |