Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-10-16
MIR. WILLIAMS OFFICE.
He Claims Recognition as the Ter
ritOrial superintendent of
District schools.

A new interest in the Territorial office
cases was aroused late yesterday after.
noon by the serving of the following order
upon William NJ. Stewart, the Superin-
tendent of District Schools for Salt Lake
county. The order is self-explanatory:
The People of the Territory of Utah to
William ". Stewart, Superintendent OF
District Schools for Salt Lake County,
Utah Territory, Greeting:
WHEREAS, 1t manifestly appears to US
| by the affidavit of P. L. Williams, the
above-named plaintiff and the party BEN
efcially interested herein, that the said
plaintiff is the Territorial Superintendent
of District Schools in and for said Terri
tory, having been appointed and qualified
as such officer in the month of March,
1886, that you the said William NJ Stew
art, ever since said date have been and
are now the Superintendent in and for
Salt Lake county, in said Territory, that
it is your duty as such County Superin-
tendent to transmit to the plaintiff, on or
before the first Monday in October, A. D.
1886, the financial and statistical state
ments or reports specified in the Act of
the Legislature of Utah, approved Feb
ruary 20, 1880, entitled "An Act provid-
ing for the establishment and support of
District Schools, and for other purposes"
and the subsequent acts OF said Legis-
lature amendatory thereof.
That you have been requested by the
plaintiff to make and furnish him the said
statements or reports, but you have
failed, neglected and refused, and do still
neglect and refuse, to furnish him as such
Territorial Superintendent, or otherwise,
the said statement, or either of them, or
any statement or report whatever of the
matters required by law TO be so trans
mitted to the plaintiff.
That the reason why you fail to make |
such statements is that you pretend and !
claim that l.. John Nuttall is the Terri |
torial Superintendent of District Schools, |
and that such statement should be trans
mitted to him, but that said Nuttall is |
not such superintendent.
That all the facts relative to the con-
nection of said Nuttall with said office are
that in the year 1881, he was elected to
said office at the general election held in
August OF that year, and thereafter he |
proceeded to act in said Office, under and
by virtue of said election, and not other
wise, and has not at any time since been
appointed, or received, or been invested
with any manner of authority whatever
to obtain said Office.
The said election of said Nuttall to
said Office was null and void, and con-
erred no authority whatever upon him
20 enter upon or assume the duties of
said office, and in doing so he usurped
md intruded into the same. That prior to
md on the I'd day of March, 1882, the said
L. John Nuttall was, ever since has been,
md is still polygamist; that during all
said time he has had and has now liv-
ng and undivorced two wives, viz.
Elizabeth Clarkson Nuttall, his first and
awful wife and - Taylor (whose full
lame is unknown to PLAINTIFF as his
'olygamous wife; and that a long time,
o-wlt, one year prior to the date of
PLAINTIFFS appointment to said office, said
!. John Nuttall either secretly departed
rom said Territory or concealed himself !
herein, and ever since that time has and !
oes still either remain secretly without {
aid Territory, or concealed within it,
nd that in consequence OF such absence G
+ concealment, process either criminal or :
IVA SOuAo liOI DIT any llIllo SlIlC0 PAINFUL s i,
ppolntment to said office, and can not [
ow be served upon him, and that there q
not plain, speedy and adequate rem 1
dy in the ordinary course of law. v
THEREFORE, We do command you that Z
after the receipt of this writ 7
gu transmit to said plaintiff as Territor- 6
i Superintendent of District Schools the q
nd financial and statistical statements a
nd reports required by the aforesaid act a
the Legislature of Utah and the sew
al amendments thereto or that you e
low cause before this Court at the court a
'om thereof in Salt Lake CITY in said "
'unty and Territory on the 23d dav of II
ctober A. D. 1886, at the opening of II
e court on that day, why YOU have not d
'ne so. al
Witness the Hon. G.. S. Zane, Judge of
id District Court, and the seal thereof,
is 18th day of October, A. d. 1886.
j. NJ. ZANE, Clerk. dc
By HI. q. Mcmillan. DENNY Clark al