Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-05-17

To the County Court OF Salt Lake
County.
Gentlemen-The report OF your COM
ml.toe to whom was referred the matter
Of ''the county's relation 10 the special
school tax OF lslJ.' has been placed In
my hands,
desire TO say irst, that at the time
became counsel for Mr.. Hardy In tho lit.
igalion which grew out OF these taxes,
salt Lake county had no interest what
ever In the controversy, and, as 1 shall
show, never ought to have had any inter-
ct In Il.
| did not, therefore. represent Mr. Har.
dy n comfy attorney. Mr.. Hardy re-
ialned mo Is private counsel TO represent
hin, A. other public officers retain coun-
sel to represent them In matters whoroin
Aeir official acts may impose a personal
liability upon Them, but In which tho
public has no Interest. have mover had
any connection whaiover with any OF tho
litigation In question as couny attorney.
The question A. to whom | did repre-
sent had no relevancy to the subject Of
your commllloe's Inquiry; tho only ques.
uon relating to my action In tho matter
Win which Il had any concern was, nrl-
maflly a. least, whelhcr / ought TO have
represented Fhe county. Hut since the
subject is referred to In the report, 1
desire TO say that represented MIR.
Handy alone In all the suits which
grew ont OF tho special school tax
10 question, until after tho Supreme
Conft Of tho Territory had declared
the taxes void. Mr.. Hardy was mere
stakeholder OF tho fund, having no por-
sonal interest In tho fund. although for
maly defendant His sole interest la
tho munuumua aItit Nua IN .hNut.,
Judgment or order OF "a court Of competent
llfl,dicgion AZ should protect him In
making any particular payment or do.
livery Of the fund. After tho taxes worO
declared void by the Supreme Court aud
NJ. Hardy paid tho money into Court
under provisions OF Sec. 1886 of the Com
piled Laws Of lsss, Mr.. Hardy was alb
solved from all further liability with re-
specl 10 the mnd, and his interest In the
.ul, erased. Tho law being that taxes
collected viii DO ordered paid 10 the
oiheer OF board, or into the treasury
dIeeied by statute, notwithstanding
mat they have boon paid 10 collecting
nlheer under protest, unles. the taxpayor
AXIS steps to recover them back inter.
ieniion was made In the suit by. and on
pehali OF the taxpayers who had paid tho
axes IN question, aud 1, with other at
soheysi represented inlorvcnors, The
nleTNenton, under Soc. 3isi, Compiled
laws OF lsss, was made ON behalf Of all
we taxpayers, and siEce IL rcdounded to
Tue benefit ofall, hoThird District Court
"A" ht TO enter decree In ordering ro.
payment Of the fund TO the taxpayers in
s ,'s OF TO tho Board OF Education, plain.
w, 70 charge upon the fund In Its custody
~ 70 lhe ntefvonors' attorneys, a COM
mission to the Clerk OF Court for the labor
~ disbursement, and por diem compen-
, ,".,ol 70 we reiefoo appointed by II TO do
mtu,ne mo names OF all the taxpayers
nno hhd paid part Of the fund and tho
amount Paid by each. This decree has
tie Court, ~
VIM regard to the proprlety of tls
payment OF tho fund lnio court. which
~ ut,h criticised by member OF your
.o'nhilNee, have 10 say that 1 am nc.
su-e'hled 70 take such sieIis ON behalf of
10y clients as are dictated by INV own
augment aud shall continue 10 do so,
~ uluer tho circumstances nm willing
, NN iuflhor that AZ tho time this stcp
: - nhvh had no knowledge that such
ausiieoMonld be entered or was conton-
n III, ~ wa hkou Tor the solo purpose
la VVn,'eNlhH Mr. Hardy from any further
1apllltN with respect 10 tho money. A
NhNNA ~ NuhnOIlsNu Nv
sa,aie' aud was permitted and directed
ey,,e ~s o"f', IN not "a proper subject of
a, me oouniy's interest ia tho mater
MAJ seems, as follows Demult was
iass. VI payment OF taxes of lSiO on "A
el,,s,i nusloer OF pieces OF real estate, in.
sise ng Territorial aud county taxes, and
Isu we void special school taxes in uues.
H., u Many OF tho parcels, whom put up
na bII KY ior tho delinquent taxos, found
Ion 9Ss, aud IN accordance with SOC.
n,au ~, Compiled Laws, wore there.
ul9n struck OH 10 tho probate iutlga ,,ior
""n u behalf Of the county,
ntba s,yuon provides that In anoh case
ers aI eiegk Of tho County Court shall
tbe N, ano collector with the amount Of
OF ssis "1 que thereon and costs to date
Ia s,t1a Instead OF directing the clerk
IN, " ,S 10y, THIS provision OF iaw by giving
'''Oc'ora credit, tho County Couri