Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-10-09
Sehaol Tax Suit.

Yesterday we stated that an appli.
cation had been made &c and granted
l.y Judge Zane, fer an alternative
writ Of mandate requiring l.. G..
Hardy, collector, TO turn over to the
treasurer Of the school board, the
district taxes collected 10y him. Fol-
loving Is the afiiIavit Of Mayor
Scott which accompanied the appii-
caticn,
@rhAt TIE sid boar,i Of education
was duly elected on the second Mon
tiay Of July, ls9), pursuant 20 law and
As such are charged with all the duties
and invested with all the powers
prescribed by law and are in charge
and control Of the schopis IN said ciiyi
that the said plaintiff, Joseph b Wal
den, is the treasurer OF the SAID CITY oi
Salt lake and treasurer Of The said
board Of educa;ioni that the deienaRsi
L. q. Hardy, Is the duly elected.
qualified and acting collector OF taxes
in the said county Of salt Lakes thai
urtor 20 the first day Of July, fs.g-
there existed in the said city OF salt
lake. in pursuance Of law, twenty
two school districts, In esch OF which
districts there rEs a board OF three
.irustaes; that the said city Of salt Lake
Is civ Of the hrsi-class and thAt IN
pursuance Of the provisions OF the act
% the legislature Of said Territory, ap-
proved March 10, 1870, entitled An
act TO provide for a UNIFORM
system % free schools through
out Utah Territory the members
Of the said board Of education
wereIduly elected At tho time afore-
aid, a..i afterwards. prior TO the Jl-h
tlsy OF July. 1870, qualified aud entered
uDon their. duties AS nsembers OF said
hoard: that PRIOR TO the enactment OF
said law, the trustees OF various OF the
aid school districts into which the
aid city va. then divided, levied
taxes. As they were lawfully author
lied 20 do, for to benefit and support
o, the schools OF Their respective dis
tricts: that the aggregate OF taxes 70
| levied in the Fourteenth district, be-
/ ing one Of the districts then existing
IN aid city, amounts TO the sum OF
SIC. COZ or thercabout-; thar the taxes
80 levied in the Eley NTH district, be-
/ ing one Of the districts into which the
aid CITY was then divided, amounts IN
the aggregate 20 about the sum OF
$4,000: and the smoaut 80 levied IN
various other OF the said districts,
amount to large sums respectively,
bu. the particular amount = nos now
| known 70 said afiiaut, and therefore
\ he cannot state specifically that All OF
the said taxes became due AMI pay
able according 70 law on The mrs. DAY
Of September, 1890, and all such tahes
remaining unpaid on the dist Jay OF
October. 1880, will be delinquent; that
| said defendant, as collector OF the
taxes IN said county, il charged with
the duty Of collecting all the said dis
trio. school taxes. and that as such
collector he has, as afiiAnt y informed
and believes, at this time collected aud
has in his possession a large amount
Of money, being portions OF said
taxes % levied and 70 assessed in the
-aid respective school districts Into
which the said city was 20, a. sfore-
said, divided.
Affiant further says that the said
plaintiffs are entitled to receive all
aid sums Of money, as SUCCESSORS 70
the said several boards OF trustees
heretofore existing. and to use and
apply the same for the benefit Of the
schools in said cityi thai the defendant
neglects and refuses TO paw over the
said taxes as assessor and collected by
aim a. Aforesaid, or any portion there
OF; that the reason that he omIis
and refuses 20 pay over the said mo-
news Is, as sfiiAnf Is informed and be
lieves and alleges the truth 10 be, that
he is in doubt as 10 the effect Of said
act OF tho legislature, approved the
l3sh day Of March. 1880. as Aforesaid
and II uncertain and in doubt, As he
claims and alleges, a. 10 whether OF
no. he Is by law authorized to pay Tho
said moneys. or any portion thereof
over TO the said board or 90 the said
Jos. b. Walden as treasurer.
Wherefore affiant prays that n wrii
OF mandsmus may issue directing and
commanding the said defendant n
such collector 10 turn over aud pay %
the plaintiff. Joseph B. Walden, a
treasurer Of the said board Of ednca-
tion all moneys 20 sss~~ref IA any q