Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-04-21
bounty ATTORNEY
FILES HIS SUIT
sounty Commissioners Are TO be
Taken TO Court on Tax
List Matter.
ALLEGES IRREGULARITIES.
compiaint Rccitcs Method 10y Which
tntcr-Mountain Republican Re
cciycd Tax list Plum

1r behalf of Salt lake county. Job
p rvon. county attorney filed suit yes.
,.rfav afternoon against the county
commissioners and their bondsmon iu
.ss Third district court 90 recover S.
--D which was paid Co the liter
Mountain Republican without warrant
r,r rfntius the delinquent tax notices.
t..4u.e a. contract WAS awarded se-
ers,Iy without bidding, it Is held that
a was illegal.
James II. clinton. chairman. John G.
I.fl.hly enc Walter j. Burton, COM
r.ss'suN.s. are made thu CHIEF defend
mis-. while the bondsmen. LOWS Is.
f uWs and VIII L. Ellerhcck for clinton.
Daniel Maclny and =. Il. Callister for
. .ackay. and John r. Smith and Heber
ID cutler for Burton. are made parties
attendant In the suit.
The complaint does not allese that
be amount paid for the publication of
fre tax lists was excessive but that it
,-s paid without warrant Of law which
-.ruires tho solicitation Of bids and
.-as the contract shall DC awarded TO
NJ lowest responsible bidder The tcxt
M th, complaint, after stating the de-
tndants and their official positions. is
follows.
THAT on OF abOML lIlN ON Nhl or
. January. 1909. the said defendants.
lanes r Clinton, John T.. Allekay and
waite. j. Burton, acting as tho board
Of county commissioners OF Sal. Lake
county. did, without authority OK law,
4 approve. allow, order. and cause % he
psid 10 the Inter Mountain Republican
4 company. q corporation OF the state
1f Utah, publishing "a daily newspaper
known as the Intar- Mountain Republi-
4 esn. In the city Of Salt laLe and tho
state Of Utah. q certain claim amount
ing to five thousand seven hundred aud
. twenty seven dollars and nifty cents
g5.72L50) for the advertisement and
publication I'm the Inter Mountain Ro-
. publican aforesaid OF the delinquent list
. of persons and property owing taxes 10
4 Salt Lake county for the year 1905, for
. period Of 10 days. beginning on or
about the first Monday I'm December
1905
That the said claim of five thousand
seven hundred and twonty-seven dol
lars and fifty cents (s5. ~ J0) was. on
or about Jan. s. 1909 paid TO the said
lter-Mountain Republican company
. by a county warrant Of salt Lake coun-
~ in the said sum OF five thousand Sow
On hundred ana twenty seven dollars
and fifty cents IS. 13I50), which said
"
OF this action been actually paid BY tho
| treasurer Of salt lake county and the
money therefor received by the said
. Inter- Mountain Republican company.
That the payment Of the sum OF
five thousand seven hundred and TWEEN
. ty-soven dollars and fifty cents 49,
1850 to the Inter Mountain Republi-
au company by order and direction OF
the said defendants. James F.. clinton,
. John g. Mackay and Walter j. Burton,
i acting as the board Of county commits
S0uers Of salt Lake county. was illegal
and without authority Of law. iu this:
That prior 10 the said publication OF
Che notice and advertisement OF the
/ delinquent tax list as aforesaid no
/ bids or the publication Of the said no.
tIce and advertisements had been invit-
% or received; nor had tho contract
for the publishing 81 notices and adj
Tgrtisements including the publication
/ and advertisement Of said delinquent
tax notice, been awarded az required
by section so OF the compiled laws Of
4 cab, 1907. nor had any contract FOR
the publication OF said notice and ad-
. verusement OF said delinquent tax list
. been made and entered into. nor had
the county treasurer Of salt Lake cOun-
ty been directed by the board of cOun-
o. commissioners OF said county 20 adj
Faruse or publish said delinquent tax
list boo a newspaper having general cir
.llat.on In said county, as required by
section $3.50 Of the compiled laws ot
Utah, 1907.
Nor had said claim or bin of said
uter-Mountain Republican company
against said salt Lake county for the
said sum OF Ave thousand seven hum
f bred and twenty seven dollars and fifty
cents S5,I2T50l been passed upon by tho
/ county auditor. an OF which facts in
This paragraph set forth were we'll
known to said defendants. James T..
linton. John e. MaclCay and Walter J
/ Burton on said Sth day OF January, 1903.
That the plaintiff has duly demanded
from said defendants the said sum OF
Ne thousand seven hundred and TWEEN
.' seven dollars ana Hfty cents
.A..i-.5 SOD, but no part thereof has been
paid. and there Is now due from the
i defendants 90 the plaintiff tho sum OF
five thousand seven huurded and TWEEN
lF-sevcn dollars ana nfty cents 49,
-.'ll, together with interest thereon
"a