The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-04-21
TO RECOVER GIFT
TO SMOOT "MOUTA''
County Commissioners Are Made
Defendants in a Sensa-
tiOnal Action.
CHARGED WITH ACTING
IN AN ILLEGAL MANNER
BOndsmen Also Made Parties TO
Suit 10 Recover Wasted
Funds.

County Attorney Job 7. Lyon, in he
half Of Salt Lake county. brought suit
against the county commissioners and
their bondsmcn in the third district
court Tuesday TO recover 10 the county
the Sj727.j0 paid the Jntermountaiu
Republican without warrant by tho
commissioners on January s, 1909, for
printing the 1908 delinquent tax list.
james Z. Clinton heads the list OF
defendants. John c, Mackny is second
and Walter j. Burton, the new commits.
sloner, third, with the boudsmcu next
Lewis s. Hills and William L. Eller.
beck for Clinton, Daniel Mackay and
r. II. CallSter for Mackav. and John
X, Smith and Hebcr :. Cutler for Bur
ton. Bondsman Mackay is a brother
Of Commissioner Mackay. and Callistct
Is vice-president of the paper that
prohted by the transaction complained
of in the suit.
Ibe complaint docs not allcge that
the amount paid the Republican was
excessive, but that the payment was
without warrant of law. under section
o29 OF the compiled laws Of Utah,
winch require the solicitation of bids
Tor the printing, the county attorney
two paragraphs who the defendants are,
officially, the complaint is as follows:
Text of Complaint.
That on or about the 5th dav AZ
Jalluary. 1902. the said defendants. James
E. Clinton. John {. Mackay and Walter
j, burton, acting as the board OF county
commissioners OF salt Lake county. did
without authority OF law, approve allow
order and cause 10 be paid 10 the Inter
Mountain Republican company. a corpora
daiiy newspaper known as the Inter
Mountain Republican in the city OF SALE
LAKE and the state OF Utah. "A certain
claim amounting To five thousand seven
hundred and twenty seven dollars and
fifty cents t$5127.5oJ for the advertise
ment ment and publication In the Inter Noun
lnYueht list OF persons and property
owing taxes 10 Salt Lake county for the
year 1905. for a period of ten dnys. be-
S,nnlng on or about the first Monday IN
That the said clajm OF five thousand
seven hundred and twcnty-seven dollars
about January S. 1906? paid TO the said
Inter Mountain Republican company by n
county, warrant OF Salt Lake county ir
the said sum of five thousand seven hum
drcd and twenty-scven dollars and nifty
cents E512L50). which said warrant has
prior 10 the commencement OF this ac-
tion been actually paid by the treasurer
OF salt Lake county and the money there
Tor received by the said Inter Mountain
republican company.
nlegality Alleged,
That the payment OF tho sum o, five
thousand seven hundred and twenty
seven dollars and tfty cents (S5I2T.S 500
TO the Inter Mountain Republican com
pany by order and direction OF the said
Mackay and Walter j. Burton. acting as
the board OF county commissioners OF
salt Lake county, was Illegal and with
OUT authority OF law. in this. That prior
TO the said publication OF the notice and
advertisement OF the delinquent tax list
as aforesaid. no bids for the publication
OF the said notice and advertisement had
been Invited OF received; nor had the
contract for the publishing OF notices and
including the publication
and advertisement OF said delinquent taS
notice, been awarded required by
section so of the compiled laws OF Utah
1907: nor had any contract for the publ
cation OF said notice and advertisement
~ said delinquent tax list been made aud
entered into; nor had tho county treas
urcr Of salt Lake county been directed
by the board OF county commissioners Of
said county 10 advertise or publish said
delinquent tax list I'm n newspaper having
general circulation In said county, as re-
lulr"d by SECTION 2S2O Of the computed
avs OF Utah. 1907.
Not Passed Upon.
Nor had said claim or bill of said Inter.
Mountain Republican company against
iaid salt Lake county, for tho said sum
II five thousand seven hundred and TWEEN
y-scvrn dollars and fifty cents lSS121.5Ol
,ecn passed upon by the county auditor.
m Of which facts In this paragraph set
orth were wei known 10 said defendants.
lanes T.. Clinton. John g Mackay and
Walter J. Burton on Eaid Sth day Of
January, 1909
That the plaintiff has duly demanded
rom said defendants tho said sum OF
I've thousand seven hundred and twenty
own dollars and fiftY cents k5I2I50I.
M no part thereof has been paid. aud
here Is now due from the defendants To
he plaintiff the sum OF i've thousand
oven hundred and twenty dollars
nd fifty cents R572I. 500. together with
interest thereon from the said Sih day
{ January. 1909.