Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-16
WILL TRY CASE
ON ITS MERITS
County Attorneys Demurrer
OverruIed in Suit Against
Commissioners.
IN FAMOUS TAX LIST CASE
Award OF County Printing Was Made
Contrary 10 law. Lyon Alleges
la Ills Complaint.

After having the case under advise
ment for six weeks. Judge George 9
Armstrong Of tho Third district court
overruled Monday the demurrer filed by
County Atty. Job p Lyon to tho an
swer Of the county commissioners and
their bondsmen in the action brought in
behalf Of salt Lake county 10 compel
the commissioners 10 pay TO the county
treasurer Sj.1g5.50 which Is alleged to
have been illegally paid for the adver-
Using OF the delinquent tax lists IN
1905 Judge Armstrong gave the deri-
sion verbally and granted Mr.. Lyon 10
days ia which to reply to the commits
sioners' answer Mr.. Lyon said this
morning that he would prepare his re-
ply and then get ready for the trial
upon the merits of the case before a
jury.
In MIR Lyons demurrer he set forth
that the county commissioners had vio-
lated the law in not advertising Tor
bids and that their answer stating that
they had asked the IntermOuntain Re
publican for bid was immateriai be-
cause it was let secretly.
The answer OF the commissioners
stated that because the publication
had been made and Salt Lake county
had received some benefits from y
that &c had been ratified and acted
as an estoppel The demurrer stated
that the contract was void I'm the hrst
place and that such a contract could
not be ratified
STATUS OF THE CASE.
As the suit now stands the commits
sioners affirmative answer Is held as
a defense for their action Under the
decision. the county commissioners
can Introduce testimony showing Justi-
cation for letting the contract by
calling up one newspaper and asking
il to make "A price for advertising the
delinquent tax notices, when the
statute expressly says that the COM
missioners shall advertise for bids
Mir. Lyons suit against the county
commissioners bore fruits this year
however. aud they Followed the law 10
the letter. An advertisement was in
serted in a daily paper as the statutes
say such advertising shall be done and
bid solicited As a result the commits
sioners let the contract to the Herald
Republican, which submitted the high
est. bid for Is cents name and descrip-
ton FOR 10 issues. In awarding the bid
consideration the circulation Of the pa
per which the statute allows. The price
secured this year saved the county
So 200 ON the same amount OF adverts
ing as last year. The Telegram was
the sole competitor OF the Herald
Republican.
The suit was Instituted BY Mr. Lyon.
charging the commissioners, John G.
Mackay. Walter Burton and James +.
clinton and their bondsmen, with vio-
lating the law and demanding that
they pay back the amount OF money
expended for advertising the delinquent
tax notices. A demurrer was fled by
the commissioners 20 the complaint, but
10 was oyerruled and Mr. Lyon won the
first skirmish The second skir1nish
however. whAh was won by the COM
Inissioners. gives them a little the ad-
vantage because the answer as II
stands. win be read Ia tie jury In the
opening statement OF the defense in an
EFFORT 70 justify the actions Of the com
missioners.