Show ANOTHER COMPLAINT FILED AGAINST COX COXO O U S. S District Attorney Edward Ed- Ed ward Mackie Not Qualified Then IJ Whit t About Legality r of Final Proof ir r After Arter the release of or W. W E. E Cox a n week ago Saturday b by Commissioner Mackie hackie another complaint was wn filed flied against him before U. U S S. S Commissioner VanPelt of ot Salt Lake Deputy U. U S S. Marshal came camei atter Batter the defendant Monday l of last week Ho lie was I. I one of ot his liIs attorneys Fred L. L Watrous to toj Salt SaIt Lake Luke Mr Cox was before the Sa Salt t Lake r Wednesday morning entered d a a plea gf pt Q pot not guilty and was admitted to ban ball bail in the sum of Subsequently Subsequent Subsequent- ly Iy ly Mr Watrous proposed to the U. U S. S district attorney that If It he would 1 submit to him the evidence the government gov- gov gOV 1 expected to Introduce at the hearing bearing the defendant would waive I j J preliminary hearing Tho The proposal was wa accepted and the defendant i I i bound over o to the federal district I court which convenes In S Salt lt Lake I I November first IThe I The position taken by U. U S S. S District DIs- DIs DisI DIs 1 I Attorney Ray that E Edward ward i I Mackie was not a duly qualified U Uj 1 S 'S S S. commissioner caine dame as a distinct j I surprise A and d some little apprehension I sion has been heen felt as ag to Just the tho the j I I status of final proof entries made during the past few few years While It lt I Is true that Mr hackles Mackle's commission I expired In 1915 1916 the position heretofore hereto- hereto l tore fore taken by the government on similar matters has been that com- com held over until successors were appointed and qualified or un- un until un un- til UJ their resignations might be ac- ac ac ac- In the present case the government gov gov- go government v- v has always recognized Mr Mackle Mackie a as a commissioner He has I several times handed In his resignation j tion Uon however was never acted acted by Judge Johnson Johnson In the Cox case the complaint was filed by Special Agent Price of of the Department Department Department Depart- Depart ment of Justice before Mr Mackie Mackle The Tho hearing was postponed by Mr Mackie Mackle upon two different nt occasions I at the request of the district attorneys attorney's attorneys attorney's ney's office r When confronted with the question question ques ques- tion Uon by Mr Coxs Cox's attorney as to what shape he considered the land I entries In III in those cases where the applicant had made final proof before before be be- fore foro Mr Mackle Mackie the U. U S. S district r attorney replied that he thought there would be no question about them and for that purpose pur fe ese Mr I Mackie was a commissioner de tie facto When he was elected county clerk clerkIn In to November 1914 Mr Mackie Mackle while a resident of My Myton ton sent sent in his resignation t to the U. U S. S commis- commis Ho lIo received no word from his action cUon fiction however and he has hae continued to accept final proofs and perform other duties of the office up to the let 1st of ot June this year when expecting to soon leave the basin be he requested Peter Pater Hanson register of the Vernal land office not to send him any ony further proofs which re- re qu quest st t was complied compIled with He followed followed fol tol- lowed up his resignation with letters to Judge Johnson Jphnson but nothing came of ot them except except w word rd from him brought to Mr Mackle Mackie by one of or the deputy marshals to tell that man Mackle Mackie to quit writing me letters Mr Mackie Mackle believes he is still commissioner commissioner commissioner com com- missioner de jure as well as de facto |