Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-08-19

For an exact statement Of those who
litigated VIZ refer 10 Collector Hardy's
statement as referee, appended hereto
aud marked exhibit "A.D
In addition 10 the above recital, we
report that some cost bills have been
presented 10 this committee aud nay.
meut asked thereon.
Our Recommendation In view Of the
iact above cited arc that the practical
Workings Of tins whole tnstter bu-pre.
tent.i to the court by the attorney Of
this board, with q view 10 correct such
intquitics as It may still be possible to
10 reach; and that the court I've asked to
apply the large fum--nearly four thou.
sand dollan-tnNed ~ court aud attlr.
noy costs In these suits, w liquidation
OF all fees that may have accrued,
ac1uitting this board Of all liability Tor
the came, or any part thereof, or for
any cost In any way growing out Of
the suit.
Reporting further your committee
adds that under It, direction the sum
OF SO. 52i.24 has been toAugu3t 1892,
fctunued 10 the taxpayers u the sS5,.
22j.s2 paid ON school taxes u 1890.
EXHIBIT a.
little Of oour, and cause.
To the honorable, the said court
Tho undersigned was, by order Of tho
court, dated september q, is9i, appointed
referee IN this cause TO determine what
parties had paid to the collector uf taxos
OF SAT- Lake county, tho fund Of which IL
the suffice. OF this suit, beiug part of
the special school taxes ordered levied in
tho month 81 December, lasD, by various
school districts formerly existing, In.
gIWlIuH tttfltIft Tho fuHf.nVufft ftfutfa al
Lake city, aud which has been extended
upon the tex assessment roll uf Salt Lake
county " the year 1900, aud At various
times paid into the hands Of tho collector
Of said county, aud to report tho amount
NJ such fund now in tho custody OF tho
court which each OF such parties have
paid.
Your referee has tor nity.nyo days
bt en- continuously engaged Ia the taking
Of evidence upoa tho quoslcns suD-
ml,tod ia said order NJ references, and upon
aid evidence now repairs 10 the e0ur,,
that, Of the funds now Ia tho custody uf
the uUuri Ia this ease, the parties whose
names arc alphabetically set forth In two
books or lists hereto attached and mace
part " this report marked by cXhibiisl
pn.d ~ tho said collector the sums rot op-
pnsiio iheir respective nance, the said
sums being the amounts ~ said disiric,
school taxes assessed respectively against
said parties aud b1rno upon said assess
mont roll OF the year ls0l.
Tho compensation Uf YOUR referee,
which, Ia and by aid order u reference,
was liked at sl2.d1 scr day Of each day Ia
which he should DO employed In por-
forming tho duties u said roioroc,
amounts 10 the sum Of sds7.tD
Your referee Further reports that tho
tlmo when tho ordor was made horcin,
that ihe defendant herein, l.. q. HARDY,
pay iutO court all said special school
taN,s then In hi. hands as collector aforu-
said, said defendant was unable 10 agcor-
tain or calculate without n complete search
Of said assessment roll OF l-pl, and said
collectors receipt OF stubs OF said year,
hands ~ Aforesaid. but paid Into court
tho sum OF So, suj.5j. NJ being moro than
enough tn cover said amount, and rs be-
ing A. near un approximation 10 the real
amount rs he WAS then able TO make.
Hut that In point Of fact said sum was la
excess OF the actual amount In his hands
with which he was chargoahlo ~ collector
aforesaid by the sum Of Sl0ll.2j.
Tho charges upon said fund under said
order arc ~ follows, 10 wit;
The compensation Of tho referee
amounts 10 ShsHJO, which IL equivalent
to 2 - per cont. upon the onlirc sum
collected.
As 10 tho compensation provided for In
tho decree OF 10 per cent. for attorneys
fees, your reforco reports the following
iacts TO tho court:
Aier tho date OF tho order the ATTORNEYS
for the plaintiff furnished tho referee
with a list OF persons who, /: was ella med,
were the plaintin, In tho suit. Thai list
does not contain the same namos as those
who paid the money. The list furnished
by tho attorneys for tho plaintiffs is to DO |
found In supplementary book, also |
herewith entered and referred TO by
index, aud that book also contains the !
amount OF tax thus paid by each, but In |
large manner the tax thus paid by each |
Of tho persons In that list have already !
been paid over by tho Collector to tho |
Board of Education under proceedings |
heretofore taken In another cause, and |
had been collected and paid over to the |
Board OF Education prior To the COM
meucenent OF this mandAmus suit.
The names Of persons who have assist |
cd In paying money, and who have paid |
a part OF tho money which IA now on |
hand In court, who are also clients OF the |
attorneys who bring this suit M appears |
from their llst, arc TO be found In tho orl- |
ginal two books, and arc marked with |
the lettor ''S.n
The additional book, No. Q, containing
the list furnished by counsel for plain |
lln-, II furnished at their request, Together
with the amount OF tax paid by each,
The amount OF tax collected belonging
to the clients OF Sutherland 4 Judd Il
SlO,p1G.Ni, As by reference to the said first |
two bookd will moro fully appear
The amount belonging TO the clients of |
II. II. Calsll Is s2lDi, ~ will also appear.
Tho fund In court belonging 10 persons
not represented by oithor OF said at
torneys amounts To S20, 53l.Ji, rs appears
hV tha anil All