Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-18
pEsEREr EVENING NEWS: WEDNESDAY,, MAY 10, 1885,
APPLICATION IS DENIED.
POINTS OUT FEDERATloA's REMEDY.
Must Proceed by Suit Mt Law Against the
County to Recover the Amount OF the
Claim District Court Notes.

Judge Hiles handed down an opinion
today in the case of the Civic Fedora
ton against the board of county com
inissloners of Salt Lake county. The
case. was submitted upon an applica-
tion for writ of mandate to com
pei the board Of commissioners to in
vestigate" and act upon certain
claim presented by the plaintiffs to the
board for allowance. In his opinion
Judge Hiles recites that the evidence
In the case shows that the claim is
Tor something over $500 for money
which was advanced to the county at
torney OF Salt Lake county for the
purpose OF defraying expenses incurred
In the prosecution Of certain county OF
fcials who had been charged and In
dicted with offenses against the bribe-
ny statutes of Utah, and other like Of
lenses. 1t appears also that the claim
with the interest which had accrued
thereon, amounting in all to sS,9I2,sl,
was filed with and presented to The
board on the 10th day of July. 1877,
and that here after. on the nth day
of September, 1897. the board upon con-
sideration OF 1t rejected 1t.
1T is asserted by the applicants for
the writ that the board of county
commissioners rejected the claim. not
because IL was or is not a just claim
statute Of the State of Utah, an act
entitled an act to validate and pro
vide for the payment by the counties
of this State of claims for monies
heretofore advanced for expenses In
Cured by public officers in the execu-
ton of the laws of the Territory ana
State of Utah. approved March 1tth
1897 and under authority of which
this claim was presented to the board
was by the board deemed unconstitu-
tional: and that the rejection of the
claim upon that ground makes case
where a writ of mandate will lie
against the board that 1t is a cass
which must be excepted from the gem
eral rule.
1.-THE minutes of the board. and ats
files, which relate to this matter. do
not show the ground upon which they
rejected the claim. but in the absence
OF such showing 1t must be regarded
as having been rejected on grounds
which are common grounds for rejec-
ton of claims against the county which
are rejected by the board after pre-
sentation to and consideration by
them.
1T has always been held that man
damus is not the proper remedy for the
enforcement Of u claim against coun-
ty, which has been presented to the
board of commissioners of the coun-
ty. and by them rejected. The board
In allowing or disallowing the claim,
exercises n judicial function, and when
1t is exercising this function a writ
of mandate will not be issued to re-
verse or review its Judgment.
IN this case the claim has been pre-
scented to the board and by them re-
jected. The petitioners here have, there
fore. n plain and adequate remedy at
law by suit against the county for the
amount of their claim, and therefore,
upon that ground writ cannot is
sue.
1.-THE cases cited by the petitioners
in support of their application. nota-
bly, the New York cases. do not seem
to be in point. Those were cases where
the legislature had by Legislative en-
actment fixed the liability of the coun-
ty, and had directed the payment of
the debt upon It's presentation to and
allowance by the commissioners, and
the board of commissioners, notwith-
standing the Legislative enactment.
had refused to allow the claim.
at Is not at all certain in this case
that the claim which was presented to
the board is claim which, by q fair
Interpretation and application of the
act of March II, 1897, can be said to
be covered by its provisions; but how
ever that may be. think 1t clear that
the remedy which the plaintiffs or petit
TONERS have Is a suit upon the rejected
claim.
81 think it not necessary to decide
whether the act of March II, 1897, before
referred to Is constitutional.
1.-THE application for a writ is denied"
The money involved In the above
case was advanced by the Civic Fed
Grafton to defray expense of prosecution
of the bribery charges against certain
former county commissioners In the
| furniture deal"