The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-19

The suit bears the title of the ter
ritory of Utah upon the relation OF
John r. Game, ex-territorial auditor,
VS.. j. c. McNally, A. S. Geddes, G. H.
Roberts and Martin Christopherson,
composing the county court of Salt
Lake county.
The relator sets up that he was au-
ditor of the accounts of the territory
that according to the report of Fred
j. Leonard, collector for Salt Lake
county, made to the affiant for the
year 1898. there was due to the terri
tory of Utah on lands sold for taxes
and bid off to the probate judge of
said county, the sum of $S,754.06; that
! of said sum there was due for terri
torial school taxes $5,252.4 AZ, and that
there was due to said territory for ter
ritorial taxes, $3,501.64; that of said
sum of IS, 754.06 there had been collect
ed by the county of Salt Lake on re-
demptioE of lands Sc sold and bid off
to the probate judge of said county
4 the sum of s., 1880; that on the 18th of
May, 1895, the affiant, by his attorney.
Judge Judd. appeared before the
the clerks of said court with directions
to report:
First-How much there is due to the
territory on account of the sales OF
real estate and the purchase of the
same by the probate judge for 1893 for
territorial district school and territorial
! general taxes.
Second-How much of said real es-
tate so sold to the county had been
MI ~
| demption money thereof paid to the
county, due to the territory on account
of territorial district school and terri
torial general taxes.
1t is further shown that on the 14th
of December, 1895, the affiant, by his
attorney, acting for the territory, and
! c. 0. Whfttemore for the county, filed
with the clerk of said county court a
stipulation wherein it was shown that
| during 1898 various lands in Salt Lake
/ county were sold for taxes and bid off
to the probate judge: that the proper
ton of territorial district school taxes
! for which said lands were sold amount
/ ed to S5,252. AZ, and the proportion of
territorial taxes for which the said
! lands were sold amounted to So SOL 81
a total OF $S,754.06; that a large part of
! the lands so sold had been redeemed;
/ that of the amount paid for redemp-
/ JIOI 81. iIt.IU was the DTODOTITOn DdlQ
on account of territorial school and
territorial tax; that no part of said
amount received for the redemption of
! territorial school and territorial tax has
ever been paid to the territory or any,
one for it.
State Acknowledgement Bishop and
Judge Judd, at the hearing yesterday.
| appeared for the relator and County
Attorney Whittemore represented the
| county.
The county attorney conceded that
the money collected by the county on
redeemed property was justly due to
! the territory and the schools but ow-
ing to the depleted condition of the
| county treasury it was impossible to
pay over the amount until the legisla-
| ture shall have made some provision
by which the money can be raised To
the other allegations the county de-
INJURED and after hearing arguments
on the demurrer his honor took it
under Amusement
A DESERTED HUSBAND.
Judge LIE Grand Young granted
decree of divorce to n. j. Phillips from
Annie Phillips by default The par
ties intermarried at Ouray. Colo on
May T. 1890, and on October I, 1894. the
wife deserted the husband and has re-
manned away ever since for which rea-
son the decree was granted.
ANOTHER DIVORCE.
Laura L. Hunter Cookies suit for
divorce from Winfield s. Cooke came
on before Judge Young The plaintiff
testified that she and the defendant
| intermarried on March II 1881. and
that her husband for more than year
has failed to contribute anything to
! her support.
This testimony being corroborated
! the decree was granted and Mrs
| Cooke given the custody of the three
minor children of the marriage.
COUNTY SUED FOR DAMAGES.
Nellie Powell has entered suit in the
! Third district court against Salt Lake
| county to recover 5000 damages for
personal injuries, alleged to have been
J sustained by the plaintiff on June 10,
| 1895. 1t is alleged that the county neg
ligently and carelessly maintained a
| certain bridge on a public highway in
| Granite precinct, too narrow for safe
use in travelling over it, without guards
| at the sides and with dangerous holes
in the floor of the bridge; that plain
| tiff while crossing the bridge in a bug
gy on the date named was thrown from
| the vehicle by the horse becoming
| Ii - uISHCQ ny lIIG IIOI6S III Tile
floor and becoming unmanageable.
! Plaintiff was so injured that she could
not attend to her business, suffered
! great pain and spent $40 for medical
| attention.
SPECIAL GRAND JURY.
The special grand jury subpoenaed
| by instructions of the court by Sheriff
Hardy is composed of the following
! ten gentlemen: c.. L. Haines, Stuart
Stevenson, Thomas Carter, J. H Wood
man. Joseph Siegel, P. w. Madsen, NJ.
]. O'Meara, w. N. Williams, Benjamin
! Hampton and Willard Burton Seven
members constitutes grand jury
under the state constitution, and that
number of the above will be sworn in
on Monday and will enter on their du-
! ties at once.
| AJAX ASSESSMENT.
The majority of the stockholders of
the Ajax Mining company yesterday
commenced suit in the Third district
court for an injunction to prevent the
directors from levying an assessment
of cents a share on the capital stock
of the company. The plaintiffs, who
own $1,000 shares, are H. NJ. Ryan, j. C.
| McNally, Frank Hoffman and G. W.
Shores, allege that the assessment is
illegal for the reason that it was levied
at a meeting when only one member of
the board Of directors was present and
he did not constitute majority of the