The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-13

The Territorial supreme court met at 2
pm. yesterday, all the judges being pres
sent. The place Of Clerk Bache, who is
Ill with typhoid fever, was filled by F. E.
McGurrin.
THAT PETITION.
In regard to the payment of the salary of
the superintendent of county affairs,
Judge Bartch filed the following petition
for an alienation writ of mandate:
In the supreme court for the territory of
Utah. George w. Bartch VS.. John G..
Cutler; clerk of the county1court, Salt
Lake county, Utah.
Now comes George W. Bartch, of the
city and county of Salt Lake and territory
OF Utah, who being first duly sworn de-
poses and says:
Affiant is now and since the 23d day of
October, A d. 1889, has been the duly APP
pointed, qualified and acting probate Judge
OF Salt Lake county, and as such a mem
Der OF the county court of said county
that on the Both day of November, 1885,,
aflant was, by resolution of said county
court, appointed the superintendent of
county affairs of Salt Lake county, whose
duties should be, being a member of the
county court, and outside of the sessions
OF SAID court, to, have and exer-
clse supervision and control of the public
buildings OF said county and of the public
roads and bridges, and work done upon the
same; the supervision, care and mainten-
ance OF paupers and insane persons, in
Guiding the approval of bonds of county
and precinct officers and examination of
cases OF insane persons, control over
the affairs of the county as is, by
law required of the county court
aforesaid, outside the regular at
tendance upon the sessions of said court
all OF such acts and duties being and to be
subject to the orders and approval of said
court; that the duties pertaining to said ap-
polntment or designation were ana are well
understood by the other members of said
county court, from the uniform practice of
successive county courts for many years;
that thereupon affiant undertook the duties
and responsibilities of said appointment by
| The said court, under and in consideration
| OF the salary heretofore fixed and attached
| by the court to such position, to-wit, the
sum OF 81 800 per annum, and performed the
duties OF his said appointment from the
oate Oh ms said appointment up to and in
Guiding the 3lst day of December, 1889.
mat under and in pursuance of said APP
polntment, affiant spent considerable time
each day during said period, excepting
| only short absence from the territory,
in the examination of insane persons, the
approval OF bonds of county and precinct
officers, the examination of cases of indi-
gence IN the county reported to him off
| clally, IN the supervision and examination
personally of public buildings, roads,
bitches and other public works of the
county, with great trouble, time and labor
TO himself; that the labors connected with
such position are arduous, and are such by
law laid upon the county court, and that in
performing them affiant has acted merely
as an employee of said court, except
ing in the examination of cases
of insanity and the approval of
bonds of county and precinct officers; that
1t is lmpracticdble, owing to the nature of
the duties performed, to have more that ane
member of the court designated to per-
form said labors, and that affiant was ap-
pointed, as he verify believes, because as
probate judge, he had his Office at the
county court house and could afford, in con-
nection with other duties, to perform the
labors of such position: that on the 9th day
of April, 1890, affiant rendered to the
county court of Salt Lake county, then in
regular session, his claim on bill for the
services rendered as herein before set forth
for the month of December, A. D. 1889, in
the sum ofs S20S.33, woch bill was duly
itimized and verified by the oath of affiant
as required by law; that upon the same
day in open court the said claim
was duly allowed and approved by
said court and the clerk of the
county court was ordered to draw
a warrant upon the treasurer of said Salt
Lake county in favor of affiant in the .um
of S20S.33, the full amount claimed bv af
faint, certified copy of said allowance be-
ing hereto attached and marked exhibit
a; that John Z. Cuttleris the duly quail
fed and acting clerk of said county of Salt
Lake; that the said clerk has refused and
still does refuse to draw upon the treas
urer OF Salt Lake county his warrant for
the payment of the claim of affiant above
referred to, though requested to do so. as
is his duty in the premises, giving out as
a reason for so refusing that he has been
informed by certain persons that said
claim and allowance made as aforesaid is
illegal and void, and that the drawing of
said warrant by him would render him liza
BILE for an unlawful act that your petitioner
has no plain, speedy or adequate remedy
in the premises in the ordinary course of
law
. Wherefore your petitioner prays that an
alternative writ of mandate may be issued
out of this court, directed to the said John
G. Cutler. clerk Of Salt Lake county re.
quiring him to draw the said warrant in
the sum of S30S.33, in favor of the affiant, as
herein before set fourth, and to show cause
before court at some time and place WHY he
has not done so; and that upon the hearing
the right of petitioner and the said warrant
as prayed for may be established, and that
the said defendant John G. Cutler, NAV be
directed and required by order of the court
to draw said warrant as herein before set
fourth, and your petitioner will ever pray,
G. w. BARTCH.
K. b. Crltchlow, who appeared for Judge
Bartch, asked that some action be taken on
the petition at once. He understood that
J. H. Moyle appeared for the county, al
though he was In sympathy with the petit
ton.
Mr. Moyle said he thought the PRAYER
should be granted if possible The duties
of the superintendent of county affairs
should be performed by some one. He had
fled a demurrer, however, in order that q
decision might be had.
Mr.. Varian said that the first intimation
he had received as to the matter coming uL
in this form was when he read the morn
ing papers. The question was an important
one because it would decide a number OF
cases in which indictments for conspiracy
had been found. Both parties agreed that
the petition should be granted and it there
fore appeared to him to be a moot case
He therefor suggested that some one be ap
pointed to oppose the petition.
Mr.. Critchlow deried that it was amoot
case, because Mr.. Cutler, the county clerk
4 had refused to draw his warrant on the
ground that il might render him liable tC
an indictment. The question was involved
, in great deal Of uncertainty, aud it was
important that it should be decided at as
early date as possible because the inter
ests Of the county demanded that some one
should look after its affairs
Mr.. Moyle said that as the matter now
stood, the duties heretofore performed by
the probate judge would be unperformed
unless they were done gratuitously.
Judge Bartch here arose and said tha
the duties OF the Office were important
and laborious. Someone must perform
them. If the court should decide that thu
county court had no authority TO paw ~,
. | tho sar1ricnc daE1,ad Ii y