The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-17
ACTING CITY AUDITOR
Bert RaybouId is Installed and
L. E. Johnson Ousted.
CAPT. DONOVAN CALLED IN
1T DID NOT REQUIRE PHYSICAL
FORCE, HOWEVER.

Difficulty All Arose Over the Ac-
ton of the Mayor and Council in
Appointing Raybould-The Par
ties Interested Give Their Views
1t took City Auditor Mckay, Mayor
GlendinnIng and Police Captain Dono-
van to install Albert w. Raybould yes
terday as acting city auditor.
Mr.. Raybould was appointed acting
auditor by the mayor last Tuesday
That same evening the appointment
was confirmed by the city council. foul
Of the members present only protest
ing.
City Auditor Swan, who has for sew,
eral days been confined to his bed or
account of illness, sent in a commune
cation to the council stating that he
had appointed Thomas Hull. to act as
his deputy pending his illness. The
council took no notice of this, for the
reason that no such an office as depu-
ty auditor exists.
When Mr.. Swan became too i'll to at
tend to his duties he called 10 his as
s5stance Mr.. L. c. Johnson, who per
formed all the work except signing war
rants. 1t appears that Mr.. Swans in
tention was to have Thomas Hull ap-
pointed as deputy merely 10 have a re-
sponsible head in the office, the avowe6
object being to retain Mr.. Johnson as
clerk and that Mr.. Hull would only sigr
papers when necessary. Mr. johnson
has been offending to the work in the
Office now for nearly two weeks and
opened the Office as usual yesterday
morning
ENTER RAYBOULD.
A short time afterwards Mr.. Raybould
put in an appearance. demanding thai
the books and records of the depart.
ment be turned over to him, the mayor
and council having constituted him act
ing auditor during Mr.. Swans absence
and that he had filed a bond with the
city. recorder and was i'm every manner
qualified to take charge.
THE FIRST CLASH.
Mr.. Johnson told Mr. Raybould very
politely THAT he would refuse to turr
over the Office to him, taking the posi-
ton that the councils action was illega
and furthermore that he had received
no official notice either erom Mr. Swar
or from the recorder apprising him oil
the change. Mr.. Raybould saw it was
no use to quarrel aboun it and he and
Mr.. johnson mutually agreed to LEI
the matter go over until 2 o'clock in tbs
the afternoon.
Mr. Raybould in the meantime held &
consultation with the city attorney
while Mr.. Johnson went home and had
a talk with Auditor Swan, after which
he went back to the office.
CAPTAIN DONOVAN APPEARS.
Shorty after 2 o'clock Police Captain
Donovan. accompanied by Mr.. Ray
bould. entered the office. The captain
said he had instructions to install Mr.
Raybould as acting auditor and eject
If necessary, anyone in charge of the
office. Suiting this announcements the
police captain drew from his pocket this
following document, which was served
ON Mr.. Johnson:
FROM THE CITY ATTORNEY.
Salt Lake City, Utah. Sept. Is, 1896
Captain John J. Donovan, Acting Chief
of Police, Salt Lake City:
Sir:-Mr A. W. Raybould has been
appointed by the mayor and confirmed
by the colricil as acting auditor of
public accounts, during the illness of
Mr.. George Swan, auditor. Mr. Ray
bould has filed his bond and taken the
oath of office as required by law, and is
prepared to enter upon the duties OF
his office. He informs me that the au-
ditor's office is in possession of some
person, not an officer or employee of
the city. who refuses to surrender the
possession of the books and papers to
the acting auditor.
In these circumstances I am request
ed by the mayor to take such proper
action in the premises as will place Mr..
Raybould in possession
You are therefore directed to pro-
coed to the auditors Office with Mr..
Raybould and 10 place him in possess
sion thereof, with all its books, papers
and other property thereto belonging;
and TO eject therefrom any and all
persons whomsoever, not duly author
lied by the mayor to remain there. To
that end you may use such force and
no more, as may be necessary to ac-
complish that purpose.
Very respectfully yours,
VIM. M'KAY,
City Attorney.
OF course in the presence of all this
there was nothing for Mr.. Johnson to
do but TO submit, and he did so without
physical resistance. He turned over to
nay pOulU oil Tie DOOhS anu LIlSIG
was a general handshaking all around,
the captain included.
MR.. JOHNSON TALKS.
Mr.. Johnson was seen by a Herald
reporter Immediately after he had been
deposed and made the following State
ment:
Il was engaged by Mr.. Swan to assist
in the work about ten days ago. For
several days he was we'll enough to
stay in the rear office and sign war
rants when it became necessary. He
grew weaker and finally had to take to
his bed, leaving me in sole charge of
the Office. Last Sunday he had talk
with his bondsmen, John and James
Sharp, and they agreed to have the
title of deputy auditor conferred upon
Thomas Hull so that he could sign
warrants, while 1 was to do all the
other work.
when Mr.. Raybould came in this
morning and demanded that I turn
over the office to him refused for
several reasons. 1 had received no in
structions from Mr.. Swan and no notifi-
cation had been given me by the city
recorder relative to Raybouid's author
ity in the premises.
During the noon hour I consulted
with Mr.. Swan and he informed me
that it was his desire that I should
remain in the office and gave me a
letter to the mayor to that effect. OF
course when the police captain told me
to get out had to obey
AUDITOR SWANS LETTER.
The letter referred to by Mr. John
son to the mayor reads: