The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-07-01
SEEK TO JUSTIFY
ACT IN ANSWER
coIJnty Attorney Moves to
Strike Out Most of Reply OF
County Commissioners.
PARTY ORGANS BIG STEAL
s,ur TO RECOVER s5,727.5o
ILLEGALLY PAID OUT.

1Io1ding that a large portion OF the
,rsyrar fled by the county commission
.-5 their bondsmen to the suit of
e,i+ lake county for the return of $5,-
zq750 paid TO the party organ by the
..-,,,r,issioners. is irrelevant and re-
s,,,5ant Job p. Lyon, county attorney,
- sled a motion with the district
mi to strike it out. Argument on the
--otion will be heard by one Of the
Judges next Tuesday.
T5ers will be little left Of the answer
a. the motion of the county attor-
rsv prevails, so little, in fact, that
-,otio1 for judgment on the pieadings
will probably follow
The motion fled yesterday by Mr..
rvon is 10 strike out a paragraph read
Ing, That on the first Monday of De-
,a-rber. In the year 1908, there was de-
Hncuent and unpaid in Sat Lake cOun-
~ state of Utah, 1886, 305.66 (approxi-
matelv) taxes for the year 1908"
II is also moved to strike out para
graDh which reads: That the county
treasurer. in accordance with the notice
published with said delinquent tax list,
collected from the taxpayers named in
said delinquent list so published, on and
before the 2lst day of December, 1908,
about the sum of $180.000 Of the afOTe-
said amount. and thereafter sold in aC-
c0rdauCe with the law and the said pub
LEGATION. all OF the property described in
said delinquent tax list, upon which the
taxes for the year 1908 had not been paid
or the taxes and the costs Of publication
thereof for the year 1908, and from the
sale Of said property has received the
amount Of delinquent taxes and the
costs Of publication thereof
Irrelevant Paragraphs.
Another paragraph which it is moved
10 eliminate because it is alleged to have
no possible bearing on the case, reads;
That by reason of the publication of
the delinquent tax list for the year 1908,
and not otherwise, in the said Inter
Mountain Republican, as aforesaid, Salt
Lake county was enabled to collect the
delinquent taxes for the year 1908, to-
gether with the costs of publication
thereof, and has received and is still re
ceiving the benefits of the publication
Of said delinquent tax list in said Inter
Mountain Republican, as aforesaid"
This paragraph, too Mr.. Lyon insists
should be stricken out as foreign to the
subject matter of the suit and irrele-
want: And by reason of the fact that
Salt Lake county has received the bene-
fit Of said publication and has collected
the delinquent taxes for the year 1908,
by and through said publication, as
aforesaid. and has collected the costs
Of the publication thereof and keeps and
retains the same and the benefits there
OF, and by reason OF the fact that the
SAID county commissioners in all of said
acts were acting for the best interests
Of the county, for it and in its behalf,
to enable the said county to collect the
delinquent taxes owing to it."
Mr.. Lyon brought the suit in behalf
Of the county TO recover the money paid
Illegally. The law provides that ten
ders shall be asked for the printing of
the lists. and. in previous years, this
was always done. For the last year it
was not done, but, according to the an
swer. a secret bid was solicited and re-
celved and the contract accordingly let.
The largest portion Of the answer Is an
attempt at justification, and this Mr..
Lyon is seeking to have stricken out.
The amount paid the party organ was
% cents an inch for each insertion. The
amount which the law SAYS may be
charged against. the property is % cents
a description, covering the entire period
Of advertisement. The party organ got
S5.l2750 for what it gladly accepted
@9L30 TWO years before. The amount
paid for printing the 1908 list would aver
age up about IS cents a description. The
Republicans contract two years pre-
Vousiy was for III cents a description,
when IL secured it in competitive bid
ding. The Telegram had it for 1907 at y
cents q description.
The county commissioners, realizing
lnelr mistake, advertised for tenders for
all county printing this year.