Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-27
MANAGER OF THE TELEGRAM
TURNED DOWN BY COURT

The efforts Of D. Elliott Kelly the
manager Of the Telegram, to restrain
the county commissioners from award
ing the contract for the publication of
the county tax list to the Inter- Noun
tain Republican were Of course un-
successful and Judge Morse. after a
hearing of the evidence In the case to-
day promptly denied the application
of plaintiff for a temporary restraining
order. The complaint in the case was
filed late yesterday afternoon and the
defendants named were the county
commissioners and the Inter Mountain
Republican The order to show cause
why temporary restraining order
should not be issued was made return
able this morning,
After setting out in his complaint
the bids submitted by four OF the daily
papers and the action of the commits
sioners In awarding the contract to
the Republican upon its bid Of 8 cents
per name and description for five pub
lcations, Mr.. Kelly alleged that the
News submitted its bid which was
lower than the Telegram bid by tele-
phone after the other bids were
opened and hence Il was claimed that
the bid was Illegal and should not have
been considered at all.
The principal contention Of the
plaintiff against awarding the contract
to the Republican was that the three
county commissioners and the county
clerk We're stockholders In the Repub-
llcan company and as such We're hnan-
cially interested In the contract which
Is contrary to the law
At the hearing today County Clerk
Eldredge was the first witness called
to the stand He read the minutes Of
the meeting OF the commissioners at
which the bids were opened and told
OF the proceedings on that occasion.
A. L. Blunck the manager of tho
Republican, was next called ana pro-
duced the stock book OF the company
from when he read the names OF the
stockholders. The names Of none OF
the commissioners were among the list
but the name OF the county clerk was.
Mr.. Fldredge objected TO his name be-
ing read as a stakeholder and denied
that he owned any of the stock ~ all.
He wag allowed to take the witness
stand and explain how his name ap-
peared upon the stock book. He stated
that ne did subscribe TO some of the
stock conditionally but that he later
refused TO take the stock for good and
sufficient cause and hence does not
own any NJ the stock.
Commissioners Wilson, Miller and
Mackey were then called TO the stand
I'm turn and each denied that he owned
nnv of the stock Of the company. At
the conclusion OF their evidence Judge
Morse denied the application for a tom
porary restraining order and accord
ingly the commissioners today awarded
the contract % the Republican and the
latter signed the same
What hysterical motive induced the
plaintiff in this tea pot tempest case
10 drag IN the name of the News" Is
beyond Understanding iuasmuch as
this paper was not the lowest bidder
as stated In last nights issue the
News" was requested by telephone to
fle bid II did go, by telephone, as
l had a perfect right 90 do, IL turned
out that the Republican bid was The
lowest though the Republican office
itself misled tho county commissioners
by tecphoning that It's figure quoted
was for one publication, not five, This
made thom the highest bidder, and the
commissioners naturally awarded the
work 20 the News "a the next lowest.
Whom the Republican office corrected
nself and said It's bid was for hye
iblicstl the county clerk decided
thnt the work belonged 10 that paper
and the contract was awarded IT,
The subsequent action Of the Tele-
gram manager suggests that he stands
| badly IN need Of q guardian