Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-10-16
MIR. WILLIAMS OFFICE.
He claims Recognition as the TER
rItoriaI 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 VI. ,Stewdrt, Superintendent Of
District Schools for SAT- 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
officially 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,
1885, 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 can 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-
ferred no authority whatever upon him
to enter upon or assume the duties of
said office, and in doing so he usurped
and intruded into the same. That prior to
and on the I'd day OF March, 1882, the said
l.. John Nuttall was, ever since has been,
and is still polygamist; that during all
said time he has had and has now liv-
ing and undivorced two wives, viz.
Elizabeth Clarkson Nuttall, his first and
lawful wife and - Taylor (whose full
name is unknown to plaintiff) as his
polygamous wife; and that a long time,
to-wit, one year prior to the date OF
plaintiffs appointment to said office, said
l.. John Nuttall either secretly departed
from said Territory or concealed himself
therein, and ever since that time has and
does still either remain secretly without
said Territory, or concealed within it,
and that in consequence OF such absence
or concealment, process either criminal or
civil could not at any time since plaintiff
appointment to said office, and can not
now be served upon him, and that there
is not plain, speedy and adequate rem
edy in the ordinary course OF law.
THEREFORE, We do command you that
Immediately after the receipt OF this writ
you transmit to said plaintiff as Territor-
ial Superintendent of District Schools the
said financial and statistical statements
and reports required by the aforesaid act
OF the Legislature OF Utah and the sew"
eral amendments thereto or that you
show cause before this Court at the court
room thereof in Salt Lake City in said
county and Territory on the 23d day oil
October \. d. 1886, at the opening of
the court on that day, why You have not
done so.
Witness the Hon. G. S. Zane, Judge OF
said District Court, and the seal thereof,
this 18th day OF October, A. ID. 1886.
j. NJ. ZANE, Clerk.
BY II. G. MCMLLAN, Deputy Clerk