The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-30
Commissioners Make Ingenious
but UncOnyincing Answer
to County's Suit.
WAIT UNTIL THE LAST
DAY TO FILE DOCUMENT
Affidavit of Verification Is
Made by Commissioner
W. j. Burton.

county commissioners Thursday made
answer. or rather attempted to make
answer, to County Attorney Job P
Lyon s suit to compel them to return
TO the county treasury the $5727 Of
paid the Inter-Mountain Republican
without warrant for the printing OF
the 1905 delinquent tax list. They ask
Ihe dismissal of the county attorney IS
action.
The socalled answer is an ingenious
document. but it ia more of an uu.
convincing argument than an answer,
ind in its weakness shows the labored
effort Of the commissioners to avoid
committing perjury Walter j. Bur
fon, the new member of the board. upon
whose affidavit the answer is based,
comes dangerously near committing
perjury AT that, attorneys who have
looked nj tho answer declare.
For instance, the county attorney s
complaint sets out that the commits
eioners, IN giving the printing to the
Republican, called for no bids; that
they did moi make n contract with the
Republican for the printing of the list;
that the county treasurer was not di
rected to have thc list published in the
y
rlalm for S512f.50 was not passed upon
by the county auditor before it was
paid.
May Be Perjury.
In his affidavit OF verification, Mr..
Burton sets forth that he has heard
read rhe answer and knows the con
rents thereof and that the statements
made therein arn true Of his own
knowledge, except rs to those mat
ters which are stated upon informa-
lion and belief, and as to those he
believes them TO be true
None of the statements or allega-
tions Of the answer is based upon gen
oral information or belief Every al
legation or statement is n frank ad-
mission or n fat denial. which elimi-
mates that part of Mr. Burton's affi-
davjt of verihcation relating TO matters
based upon general information or be-
Lief and places him IN position that
may become uncomfortable, not TO use
n harsher term, before he is through
with If.
Another thing. In denying the coun-
" attorneys charges that the commits
soners did not ask bids for the print
Ing of the list and that no bids were
received, and that the commissioners
did not make contract for the print
ing of the list, Mr.. Burton is making
iudNit W IudI HdpDeUeQ- or
alleged to have happened, before he be-
came county commissioner. In con
nection with his denial of the allegn-
zion that the county auditor never
1asSed upon the claim, as required hy
iaw, it is expected by the county at
lorney to prove easily that the auditor
never saw the claim until ii was pre-
sented for payment, which will not ma
terially relieve Mr.. Burton's uncom-
'ortableness
Ingenious Argument
The commissioners say that on the
first Monday in December of 1908 there
was delinquent aud unpaid in Salt
Lake county approximately $500 ,305. .66
of taxes, and that under section 1920
of the Compiled Laws OF 1907 it be-
came the duty of the county treasurer,
under the direction Of the commissioners.
10 publish the delinquent tax list. Prior
TO the first Monday in December the
commissioners, it is alleged. solicited
and received bid for the printing Of
the. list from the Republican for the
period required by law for 25 cents
an inch for each of the ten DAYS. pub
lication thereof, and that the contract
Tor the printing Of the list was award
ed to the Republican and was properly
printed in that paper.
But 1t Is palpably noticeable that the
commissioners do not enter q denial
TO the county attorneys charge that
bids were not advertised for, as re.
CURED by law! The commissioners mere.
ly solicited bid from the Republican,
that is all
Then the commissioners ingeniousIy
begin to try TO justify the paying to
the party organ the handsome sum of
SoI27.5o for printing that heretofore
mas never cost more than $1,000, and
that the Republican two years ago was
glad TO do, by tender, for only 1897. 81.
ana the year before, when tho list was
larger, the Telegram printed the list,
again under tender, for s1os es
S4445.54 less than was paid the Re-
publican this time.
Attempt at Justification.
By reason Of the publication of the
lise and not otherwise, the commits
sIoners ,roae weakly set up, the county
approximately $18O,o0O in DELINQUENT
taxeSGas If this had anything to do
with the merits Of the case-and tho
county is still receiving the benefits
Of publication of the list BY reason of
1hese facts, the county ought to be
prec1uded from claiming or collecting
I''2y OF any part of that amount
from the commissioners, they think,
hence they aek that County Attorney
Lyon be forever enjoined from prose.
cutting the action, that it be adiudced
AND, declared that he has no authority
by law to prosecute such an action and
that the county be forever estopped
from recovering Judgment as demand
ed.
In setting up that prior to the first
Monday in December of 1908 they So
hcited and received bid from the
Republican the commissioners advance
something entirely new, For long
time after this date the commissioners
records showed no receipt OF any bid
from the Republican, but suddenly. one
day, az il by magic, the minutes OF one
of the meetings prior TO the first Mon
day in December showed the receipt of
bid from the Republican. This, it is
freely alleged, was inserted several
days sfter the minutes were approved,
adopted and signed. This part of the
commissioners records is likely TO be
severely attacked at the trial of the
casc.
Although Hiram E. Booth is vice
president of the Republican and holds