The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-16
COURT OVERRULES
LYONS DEMURRER
County Attorney Will Now Reply
to Answer of County
Commissioners.
ANOTHER CHAPTER IN
SM00T mouth" CASE
Action Will Soon Be i'll Shape
to Try Upon Its
Merits.

Judge Armstrong of the Third dis
trict court on Monday ovcrruIcd the de-
murrcr filed by County Attorney Job
p. Lyon TO the answer of the county
commissioners and their bondsmen in
the action brought by the county
against the commissioners 10 compel
Them 60 repay into the treasury the sum
of S572750 alleged 10 have been il
legally paid by them to the lntcrmoun-
tain Republican for publishing the de
lInquent tax list last year. The court
cave the county attorney ten days IN
which 10 plead TO the answer of the
commissioners. and although he lost out
in the second round of the fight to re.
cover the money, Mr.. Lyon announced
that he would plead within a'few days
and continue the fight TO the end.
Acting upon the advice of Hiram E.
Booth, United States district attorney,
and president of tho Intermountain
Republican company, the county com
mlssioucrs last year awarded the con
tract for publishing the delinquent tax
list 10 that paper, without advertising
for competitive bids for the same. as
required by law. In other words. the
contract was secretly awarded 10 the
Smoot "Mouth' - by the commissioners.
When the matter came TO the knowledge
of County Attorney Lyon he filed SUIT
against Commissioners James r.. CIln-
ION, John G. Mackay and Walter j. Bur
ton and their bondsmcn TO recover the
money so illegally paid out.
Lyon Wins First Round,
The commissioners attempted 10
knock the complaint out on demurrer,
but were unsuccessful in that respect.
They then filed an answer, in which
,y, t,I -, iuSf,fN. ibplr pp
claiming that they asked the Rcpubll-
can TO submit a bid for the printing,
which it did. and upon that bid the
contract WAS awarded and further, that
by reason of the publication of the de-
linquent list in the Smoot sheet the
county was enabled TO collect about
;flS0.000 Of delinquent taxes, and, ac-
cor1iugly. had received the benefit cf
the contract.
The county attorney dcmTrrcd 10 the
answer, and coptcnded that the commis-
sioncTS did NOT comply with the law
in any respect with regard to 3dvcrtrs
ing for bids for publishing the list.
and hence the contract which they let
tG their party organ was illegal from
The beginning, and could not be after
wards ratified by any action on their
part
Contention Of Defense.
Hiram Il. Booth and Attorney b. !.
Stewart. who represented the commits.
sioncrs and their bondsmcu, coniended
that thc proper procedure was 10 en-
Join the commissioners from letting
the contract or cnloln tho auditor from
lssuing u warrant 10 the Republican for
The payment of the bill. They argued
that the commissioners could not be
held personally liable for any slight
departure from the law or mistake Ill
office.
Now that the demurrer of the
county attorney has been overruled he
viii probably file n reply to the answer
Of the commissioners and try the ease
gu, on its merits.
This year the commissioners did not
repeat their action of year ago IN
regard 10 letting the contract, but they
advertised for bids. However, the Iclc-
gram submitted lower bid this year
for publishing the list than did the
Smoot organ, but the latter was
awarded the contract lust the same.